Rethinking Indian Laws For Single Mothers: Guardianship, Documentation, And Welfare
Krithika Unnithan, B.A. LL.B., Alliance University, Bangalore
ABSTRACT
A contemporary trend in the evolving Indian Family structures is one wherein single parenthood, especially headed by single mothers are visible. Many reasons, including separation from spouse, divorce, widowhood, non- marital relationships, and voluntary choices against the social institution of marriage. The issue arises when the conventional legal and policy frameworks view the family in the model of two-parent, which is often father-centric, thereby creating hurdles for single mothers, despite the courts beginning to acknowledge such structures, in the spheres of legal recognitions such as guardianship, and implementation aspects of documentation for their children, as well as access to welfare schemes.
Undertaking a doctrinal and policy analysis with respect to the stance of single mothers in the Indian legal system, this paper essentially focuses on guardianship and documentation requirements within the general guardianship legislations, personal laws, and administrative practices, while also looking into the judicial rulings that affirm the rights of the single mothers to be represented as the sole guardian without compulsive disclosure of the father’s identity, and to withstand the administrative procedures that treat father as the primary parent. This paper intends to explore the extent of judicial interventions that have provided some leniency to the statutory and bureaucratic norms that remain tied to the conventional, or rather to a patriarchal understanding of the institution of family.
Further, the paper also intends to assess the extent to which the many measures improve or respond to the economic and caregiving hurdles faced by single parents by bringing some of the welfare and social security measures affecting single mothers, widows and other single women, maternity and child-related benefits and schemes into the spotlight. The key argument remains that despite the progress in the recognition of single mothers within the Indian legal system, the already existing frameworks still lack to realize them as an autonomous legal parent or rather a distinct rights- holders within the family policy. This paper further deduces reforms in the law of guardianship, administrative practices like documentation, and scheme design, all this to with an aim to present the Indian family policy with the reality of single-parent families and the ultimate goal of inclusive governance.
