Broken Homes, Broken Laws: A Critical Look At India’s Legal System In Addressing Child Abuse In Custody Dispute

Diksha Ratna, Amity Law School (Amity University)

LEGAL FRAMEWORK AND INSTITUTIONAL RESPONSES

When a parent or legal guardian has child custody, they are legally able to take care of a kid and make choices on their behalf. An essential part of family law is the division of property when parents split or divorce. This is because it establishes the living arrangements for the children, the distribution of daily care responsibilities, and the allocation of decision-making authority for the children's education, healthcare, and various other fundamental needs. Hindus are mostly regulated by the Hindu Minority and Guardianship Act, 19561; non-Hindus are mainly regulated by the Guardians and Wards Act, 18902; and Muslims, Christians, and Parsis are mainly regulated by the particular laws that apply to them. In some cases, these statutes establish who is legally responsible for caring for a kid. Legally, one has the right and the duty to care and raise a kid if they have custody of that child. Having legal custody of a kid entails a great deal of responsibility, including teaching the child moral and spiritual values, caring for their physical health, ensuring they have access to enough nutrition, clothes, and shelter, and arranging for their transportation to and from school. In addition to providing a safe and stable living situation, the custodial parent or guardian has a responsibility to ensure the child's physical, mental, and emotional well-being. When one parent is legally responsible for a child's care, the other usually just has visitation rights. When deciding custody matters, the courts must keep the child's best interests and wellbeing in mind.