State Neglects its responsibility in Child Custody – Shared parenting

The growing rates of separation and divorce are making child custody a critical issue. While courts are traditionally seen as the primary authority in such cases, and State child rights agencies ignoring the concern, which are leading to unnecessary strain on the judicial system and inadequate child protection.

The Juvenile Justice Act, 2015, provides a framework for child protection which empowering the Child Welfare Committees (CWCs) to intervene in custody disputes. These bodies are experts in child welfare and offer simpler, more child-friendly processes. This shows the lack of State interest in involving these agencies which is a violation of Constitution as well as the UNCRC.

In 2015, the Supreme Court stepped in and ensured establishment of CWCs, mandating the proper functioning of these bodies and ensuring that vacancies in key organizations, like the National Commission for Protection of Child Rights (NCPCR), were filled. This intervention highlighted the State’s neglect in protecting children’s rights in custody matters.

For the welfare of the child in custody matters, the state needs to ensure the involvement of child rights agencies who has expertise in children matters, they also have setup for phycological counselling, their district level team can do a social audit. By using all their available instruments in child custody matter, it will be easier to solve the growing issue of child rights.

For a more Child centric approach, there needs to be a stronger focus on involving State child rights agencies in custody cases. Doing so would not only ease the burden on courts but also ensure that children are treated with the care and attention they deserve, allowing for more effective and compassionate resolutions.