Balancing Parental Rights And Child Welfare: A Case Comment On Sugirtha V. Gowtham (2024)
- IJLLR Journal
- Jan 19
- 1 min read
Sithara GS, Legal Professional and Independent Researcher
Citation: 2024 INSC 1036
Bench: Justices Vikram Nath and PB Varal
The Supreme Court’s ruling in Sugirtha v. Gowtham reinforces the paramountcy of the child's welfare in custody and visitation disputes, marking a significant shift towards child-centric legal frameworks.This case comment critically examines the Court’s judgment, considering its alignment with previous decisions and underscores the expanding recognition of children as autonomous rights-holders in custody proceedings.
This case highlights the evolving judicial approach to child custody and Visitation rights, wherein the child’s best interests are not merely a consideration, but the primary factor in making legal determinations. The decision also aligns with a broader international framework, echoing the principles enshrined in the United Nations Convention on the Rights of the Child (UNCRC), which underscores the child's right to a nurturing and stable environment. The Court’s ruling reflects an important shift towards a more child-centric perspective, acknowledging the child’s psychological needs alongside their physical needs, and setting a precedent for more tailored, welfare-based visitation arrangements.
Beyond summarising judicial reasoning, this comment highlights the need for specific reforms to ensure consistency in child welfare decisions, particularly through the establishment of standardised criteria for custody arrangements. Drawing from child rights law and family law theory, it explores the implications of this ruling within a broader legal and theoretical context, advocating for a multidisciplinary approach to custody decisions. It also discusses the psychological impact of custody disputes on children, referencing empirical studies that illustrate the detrimental effects on children’s emotional health when custody arrangements fail to prioritise their well-being.
