Child Custody And Guardianship In India: The Imperative For Comprehensive Reform
- IJLLR Journal
- Feb 27
- 2 min read
Arnav Bhardwaj, O.P. Jindal Global University, Sonipat
ABSTRACT
India's complicated personal laws, cultural values, and ever-changing social dynamics make child custody and guardianship conflicts difficult to resolve. This study examines the complex nature of guardianship and child custody in India and argues for sweeping change to reflect modern values such as those of gender equality and legal parity for all children. This article argues for change by reviewing relevant laws, case stories, and academic research. To guarantee fair and child-focused custody determinations, it provides a comprehensive framework.
Introduction:
Every kid, every parent, and every family in India is touched in some way by the tangled web of child custody and guardianship difficulties. Personal laws play a large role in this complex web, creating a legal environment that is replete with complexities and inequities and frequently puts the needs of the kid last. Within this context, this research paper serves as a clarion call for transformative change in India's approach to child custody and guardianship. By delving into the depths of this complexity, the paper advocates for urgent and comprehensive reform across three pivotal realms.
Firstly, the research champions the cause of prioritizing the child's welfare above all else. It illuminates the gaps between legal provisions and their practical implications, emphasizing the urgent need for a child-centric approach to ensure every child's holistic well-being. Secondly, the paper challenges traditional gender norms, advocating a paradigm shift towards gender- neutral principles. This shift, it argues, is vital in fostering equal parenting roles, breaking free from age-old stereotypes that often overshadow a parent's true capabilities. Lastly, the research underscores the imperative of harmonizing India's diverse personal laws to create a unified, equitable legal framework. By addressing these core issues, this paper endeavours to pave the way for a future where the child's best interests are not just a legal principle but a societal commitment, fostering a nurturing environment for every child, regardless of their background or circumstance.
