Divorced parents should take shared custody of children : Law Commission
The move is a departure from the traditional custody system that favours the father.
“Neither the father nor the mother of a minor can, as of a right, claim to be appointed by the court as the guardian unless such an appointment is for the welfare of the minor,” the commission, which advises the government on legal issues, the Law Commissionsaid in a report to the law ministry, reports said.
It proposed two draft bills to amend the Hindu Minority and Guardianship Act, 1956 and the Guardians and Wards Act, 1890 that prefer the father as the natural guardian. The commission said that despite a Supreme Court judgment, the mother is preferred as the natural guardian while the father is still alive only under exceptional circumstances.
“This is required to be changed to fulfil the principles of equality enshrined in article 14 of the Constitution,” the panel said.
The recommendations are significant as the idea of shared parenting is new to custody jurisprudence in India. The panel said the amendments are necessary to bring the law in keeping with modern social consideration
Support Our Journalism
We cannot do without you.. your contribution supports unbiased journalism
IBNS is not driven by any ism- not wokeism, not racism, not skewed secularism, not hyper right-wing or left liberal ideals, nor by any hardline religious beliefs or hyper nationalism. We want to serve you good old objective news, as they are. We do not judge or preach. We let people decide for themselves. We only try to present factual and well-sourced news.
Support objective journalism for a small contribution.
