Public Perception Of Child Custody Laws In India: An Empirical Study
- IJLLR Journal
- Feb 15
- 2 min read
Soham Tanaji Bhosale, KES’ Shri. Jayantilal Patel Law College
Arya Uttam Marchande. KES’ Shri. Jayantilal Patel Law College
Aryan Ashok Wagh, KES’ Shri. Jayantilal Patel Law College
ABSTRACT
Child custody disputes constitute one of the most sensitive, complex, and emotionally charged areas of family law, as they directly shape a child’s future, emotional stability, and overall development. In the Indian context, custody determinations are legally governed by the overarching principle of the welfare and best interests of the child. This principle acts as the polestar for judicial discretion, theoretically superseding the rigid claims of parents. However, public discourse, anecdotal evidence, and media narratives often suggest that custody outcomes disproportionately favour mothers, leading to widespread perceptions of systemic gender bias within the legal machinery.
This study undertakes a comprehensive empirical examination of public perception regarding child custody laws in India, with a particular focus on awareness levels, societal attitudes, and beliefs relating to gender neutrality. Primary data was collected through a structured survey administered to respondents from varied demographic and educational backgrounds to capture a holistic societal view. The findings indicate a pronounced disconnect between the formal legal position and public understanding of custody principles. While Indian custody law remains child-centric and gender-neutral in theory, deeply embedded social norms surrounding caregiving roles continue to influence and often distort public perception.
The study further observes an emerging societal shift toward acceptance of joint custody and shared parenting arrangements, reflecting changing notions of parental responsibility and gender roles. The paper concludes by recommending reforms aimed at strengthening gender neutrality, enhancing legal awareness, institutionalising mediation, and aligning custody practices more closely with contemporary social realities.
Keywords: Child Custody, Family Law, Public Perception, Welfare of the Child, Empirical Study, India.
