Shared Parenting
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The Chief Justice of India
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To,
The Hon. Chief Justice of India
Supreme Court of India
New Delhi
India
Sub: Petition to the Hon. Chief Justice of India for necessary amendments in the Child custody laws.
Respected Sir,
Childrens Rights Initiative for Shared Parenting (CRISP), an NGO formed to work and create awareness for children welfare feels proud to take this initiative to submit a petition to the Hon. Chief Justice of India regarding certain issues arising out of practical difficulties and necessary amendments required therein to the prevailing Child custody laws. CRISP has been formed on the 14th June 2008 via a launch program held in Bangalore on Fathers Day and till date has been trying to support victims not only deprived of their children but also facing problems in custody and visitation rights.
As the Supreme Court has consistently laid down in its judgment, Civil Appeals Nos. 2863 of 2001 Kumar V. Jahgirdar vs. Chethana K. Ramateertha, that a childs welfare is of paramount importance in any child custody case, CRISP, on the same lines of thought, would like to make the following recommendations as necessary demands to be implemented in the best interest of child welfare:-
1) Since 1960, the number of American children without fathers in their lives has quadrupled, from 6 million to more than 24 million. Children without fathers in their lives are five times more likely to live in poverty and commit crime, nine times more likely to drop out of school, and 20 times more likely to end up in prison. As the proverb goes, One father is better than 100 teachers."
In United States of America, Statistics reported tells that Children from fatherless homes are:
a) 5 times more likely to commit suicide
b) 32 times more likely to run away from home.
c) 20 times more likely to have behavioral disorders
d) 14 times more likely to commit rape.
e) 9 times more likely to drop out of high school.
f) 10 times more likely to abuse chemical substances (become drug addicts)
g) 9 times more likely to end up in a state-operated institution
h) 20 times more likely to end up in prison.
i) 3 million teenage girls have sexually transmitted diseases
j) At least 1 out of 4 teenagers (between 14years to 19years) suffers from sexually transmitted diseases.
If shared parenting is not immediately promoted by our system and society at large and as the divorce rates are increasing, there will be catastrophic effects in the country. By exposing our next generation to the perils of parental alienation, we will be creating the above statistics here as well. It will be in our best interest to preserve our cultural and family values as they are the pillar of our societal foundation.
2) Give due consideration to the presence of a father in a childs upbringing not only as a name but also as the natural guardian and also give fathers a fair chance to win custody cases without any prejudice, Fathers are for life, not just for conception.
3) India should also be a signatory to the International Hague Convention for honoring foreign court judgments in India.
4) Define Parental Abduction as a heinous crime and prescribe strict punishment for it by describing it as a cognizable, non bailable and non compoundable offense.
5) Ensure that NRI rights under laws of custody and access of the laws of NRI country are respected in India.
6) Orientation programs for judges of family courts to be conducted by psychologists to sensitize them to child related issues,
7) Special courts to be setup for child custody cases, so that spousal conflicts do not interfere in child custody matters.
8) Child custody issues to be disposed off within 6 months of the date of application, or at least visitation be granted to the non custodian parent (fathers generally) in two hearings or three months whichever is earlier from the date of application and the granted visitation be of such nature so that it can build a sustainable parent child relationship between the child (ren) and the non custodian parent,
9) Child interviews should be conducted for complex cases only after the child has been allowed to spend nearly equal and quality time with both the parents and such interviews be limited to adolescents only and then too the interview be viewed as a guiding evidence only and not a primary one,
10) Children below the age of seven years should not be exposed to choice making between the parents as the process itself is cruelty to child (ren).
11) If child access granted by courts are denied or subverted by the parent having the custody, strict actions (including penalty and stay of maintenance till court judgments are complied with) must be taken and child access as granted should be ensured.
12) The Hon. Supreme Court needs to emphasize on the need for a separate child welfare ministry separating it from the current clubbed scenario of Women and Child Development Ministry, wherein child rights are sidelined and almost not an issue to the WCD ministry. Children may be small, but child rights are BIG.
13) National Commission for Protection of Child Rights (NCPCR) should open offices in all tier I and tier II cities and address complaints related to child welfare within a specified time frame with reasonable accountability.
14) The courts should have a liberal view on men accused of allegations under section 498a of the Indian Penal Code (45 of 1860) while deciding their child custody cases. An allegedly bad husband need not be a bad father and as the father is the natural guardian of the child, the misfortune of the incompatibility between his / her parents should be prevented from tricking as an impediment into the childs welfare. Moreover the misuse of 498a by women being a known fact coupled with its low conviction rate, the mere presence of the allegations under section 498a of the Indian Penal Code (45 of 1860) should not act as a deterrent towards passing custody (interim or full) / visitation orders in favor of the fathers if the situation so warrants.
In light of the above facts and figures, the concept of Shared Parenting needs to be given paramount importance in Child custody matters and wherever possible the judges should emphasize on Shared Parenting or Joint Custody after working out the practical and logistical constraints.
We hope the above recommendations get urgent attention as it is in the best interest of child welfare. We also hope the above recommendations will be taken in the right and positive spirit and truth based justice shall prevail upon the children and their fundamental right to have access to both the biological parents must be maintained.
Thanks and Regards
Members
Children Rights Initiative for Shared Parenting
The Hon. Chief Justice of India
Supreme Court of India
New Delhi
India
Sub: Petition to the Hon. Chief Justice of India for necessary amendments in the Child custody laws.
Respected Sir,
Childrens Rights Initiative for Shared Parenting (CRISP), an NGO formed to work and create awareness for children welfare feels proud to take this initiative to submit a petition to the Hon. Chief Justice of India regarding certain issues arising out of practical difficulties and necessary amendments required therein to the prevailing Child custody laws. CRISP has been formed on the 14th June 2008 via a launch program held in Bangalore on Fathers Day and till date has been trying to support victims not only deprived of their children but also facing problems in custody and visitation rights.
As the Supreme Court has consistently laid down in its judgment, Civil Appeals Nos. 2863 of 2001 Kumar V. Jahgirdar vs. Chethana K. Ramateertha, that a childs welfare is of paramount importance in any child custody case, CRISP, on the same lines of thought, would like to make the following recommendations as necessary demands to be implemented in the best interest of child welfare:-
1) Since 1960, the number of American children without fathers in their lives has quadrupled, from 6 million to more than 24 million. Children without fathers in their lives are five times more likely to live in poverty and commit crime, nine times more likely to drop out of school, and 20 times more likely to end up in prison. As the proverb goes, One father is better than 100 teachers."
In United States of America, Statistics reported tells that Children from fatherless homes are:
a) 5 times more likely to commit suicide
b) 32 times more likely to run away from home.
c) 20 times more likely to have behavioral disorders
d) 14 times more likely to commit rape.
e) 9 times more likely to drop out of high school.
f) 10 times more likely to abuse chemical substances (become drug addicts)
g) 9 times more likely to end up in a state-operated institution
h) 20 times more likely to end up in prison.
i) 3 million teenage girls have sexually transmitted diseases
j) At least 1 out of 4 teenagers (between 14years to 19years) suffers from sexually transmitted diseases.
If shared parenting is not immediately promoted by our system and society at large and as the divorce rates are increasing, there will be catastrophic effects in the country. By exposing our next generation to the perils of parental alienation, we will be creating the above statistics here as well. It will be in our best interest to preserve our cultural and family values as they are the pillar of our societal foundation.
2) Give due consideration to the presence of a father in a childs upbringing not only as a name but also as the natural guardian and also give fathers a fair chance to win custody cases without any prejudice, Fathers are for life, not just for conception.
3) India should also be a signatory to the International Hague Convention for honoring foreign court judgments in India.
4) Define Parental Abduction as a heinous crime and prescribe strict punishment for it by describing it as a cognizable, non bailable and non compoundable offense.
5) Ensure that NRI rights under laws of custody and access of the laws of NRI country are respected in India.
6) Orientation programs for judges of family courts to be conducted by psychologists to sensitize them to child related issues,
7) Special courts to be setup for child custody cases, so that spousal conflicts do not interfere in child custody matters.
8) Child custody issues to be disposed off within 6 months of the date of application, or at least visitation be granted to the non custodian parent (fathers generally) in two hearings or three months whichever is earlier from the date of application and the granted visitation be of such nature so that it can build a sustainable parent child relationship between the child (ren) and the non custodian parent,
9) Child interviews should be conducted for complex cases only after the child has been allowed to spend nearly equal and quality time with both the parents and such interviews be limited to adolescents only and then too the interview be viewed as a guiding evidence only and not a primary one,
10) Children below the age of seven years should not be exposed to choice making between the parents as the process itself is cruelty to child (ren).
11) If child access granted by courts are denied or subverted by the parent having the custody, strict actions (including penalty and stay of maintenance till court judgments are complied with) must be taken and child access as granted should be ensured.
12) The Hon. Supreme Court needs to emphasize on the need for a separate child welfare ministry separating it from the current clubbed scenario of Women and Child Development Ministry, wherein child rights are sidelined and almost not an issue to the WCD ministry. Children may be small, but child rights are BIG.
13) National Commission for Protection of Child Rights (NCPCR) should open offices in all tier I and tier II cities and address complaints related to child welfare within a specified time frame with reasonable accountability.
14) The courts should have a liberal view on men accused of allegations under section 498a of the Indian Penal Code (45 of 1860) while deciding their child custody cases. An allegedly bad husband need not be a bad father and as the father is the natural guardian of the child, the misfortune of the incompatibility between his / her parents should be prevented from tricking as an impediment into the childs welfare. Moreover the misuse of 498a by women being a known fact coupled with its low conviction rate, the mere presence of the allegations under section 498a of the Indian Penal Code (45 of 1860) should not act as a deterrent towards passing custody (interim or full) / visitation orders in favor of the fathers if the situation so warrants.
In light of the above facts and figures, the concept of Shared Parenting needs to be given paramount importance in Child custody matters and wherever possible the judges should emphasize on Shared Parenting or Joint Custody after working out the practical and logistical constraints.
We hope the above recommendations get urgent attention as it is in the best interest of child welfare. We also hope the above recommendations will be taken in the right and positive spirit and truth based justice shall prevail upon the children and their fundamental right to have access to both the biological parents must be maintained.
Thanks and Regards
Members
Children Rights Initiative for Shared Parenting
730 Signatures
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Virag
- Comments
- Shared Parenting is a very important concept and needs to be taken seriously. Also the importance of fathers needs to be recognized, respected and reflected in child custody cases. I fully support the averments made in the petition.
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Mithun
- Comments
- A child can never be a product of any one parent. Then who's got the rights to deny any one of the parents from meeting or raising his/her children?
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Myth
- Comments
- Denying child custody to a father is like denying a gardener from smelling the flowers he irrigated.
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Serious guy
- Comments
- The importance of both parents in child upbringing cannot be ruled out. Shared Parenting is the call of the day
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kumar v jahgirdar
- Comments
- child needs both parents
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Leema
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Yogesh Dalal
- Comments
- I completely Agree
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Anuj
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Gajendra
- Comments
- It should be shared for growth and devlopment of child.
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SATTU
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S.K
- Comments
- The glory of the father as a parent should be recognized and his rights over his offsprings are to be enshrined in the laws of India.
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Jagat Kishore Sharma
- Comments
- These issues are very very urgent, and must be solved,least the country diintegrates.
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Dhaval
- Comments
- It is high time the laws in India are rendered gender neutral. Women in India have been traditionally viewed as 'abla nari', which is no longer applicable in the 21st century to all Indian women. time has come to clearely distiguish women as house wives and working women to protect the rights of men who are victimized by draconian laws such as 498A, DV and maintenance rules. This is the only way to save the Hindu family values in India from radical feminists organizations
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Dinesh
- Comments
- If we care for a child we must go for a shared parenting. In the fight between mother and father it is the child who suffers most for no fault of her/his own. It is also a well established fact that both the parents are essential for all round development of child.
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Rahul
- Comments
- I completely agree
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Uma Challa
- Comments
- A child needs the love and affection of both parents. Discrimination against fathers amounts to violation of a child's right to both parents.
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Altaf Hussain
- Comments
- 498a case, 354 case & DV cases are registered on me. I haven't seen my baby boy yet who is of 6 months old. I want to file child visitation petetion in family court. Could you give me the procedure for this.
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Anup Bhatia
- Comments
- Please provide equal rights
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Sukant Bhattacharya
- Comments
- Father's are more caring then mother. A child is more safe with father then mother in all aspect.
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deepak
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vinoth
- Comments
- В
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Priya
- Comments
- Equal rights is mandatory
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Priyan.P.G.
- Comments
- Due to the current legals system in India, a child in many cases is deprieved of primary right to contact and to be with his/her parents. Some have/are not able to even see one of their parent for many years as the other parent is not permitting taking advantage of the flaw in the legal system. Also as India is not a signatory to the International Child Abduction Treaty, India has become one of the world's most favoured destination for child abduction. All these certainly needs to be changed as soon as possible in the interest of the child and also the parents involved. Otherwise India will soon have a lot of unlawful and irresponsible citizens.
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Murali Narain
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Ranjan Kumar Patra
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Ishu
- Comments
- В
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Vishal
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Dr.R.Manivasakan
- Comments
- There is a need that apart from the Father, the grand parents should be a chance to see the child and though not on a regular basis. The older generation is much more filled with good will and the grand children would cherish thier company.
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V LM B Tejaswi
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Niladri Das
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rajesh
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C.S.Mani
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Bhavnish Sharma
- Comments
- The court should look into matters of child custody with extreme caution because any action they take is going to affect them for rest of their lives.
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Ravi Shankar
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Suresh Rm
- Comments
- Please stop creation of fatherless Society, Teenage Pregnancy and juvenile Crime
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Anil Bishnoie
- Comments
- Children's have full right to get love of both parents and judiciary shouldn't allow itself to be used as a tool by one egoistic jiddi mothers and her family members to harras fathers by denied custody rights
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SHYAM T V
- Comments
- For healthy development of child, both parents are required. Hence shared parenting is good.
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Rakesh Kapur
- Comments
- The patriarchal mindset of judges will be responsible for creating the biased mindsets of our kids. Allowing the kid to be with the mother only (and at the cost of torturing the father and the kid equally), the judgements are acting as catalyst to the society which is on the brink of a catastrophe. IN INDIA, IT'S SUCH A SHAME THAT THERE'RE NO PROGRAMMES FOR UPGRADING THE SKILLSET OF JUDGES AND THEY PROBABLY WILL BE THINKING OF DOING SUCH A PIOUS ACT BY ALIENATING THE FATHER FROM THE KID. Hope the exploitation ends soon. I WOULD EXPECT BIGAMY TO BE LEGAL - SHOULD THE JUDGES BE FEELING THAT THE KID NEEDS A WOMAN AT HOME TO BE TAKEN CARE OF SO THAT SEPARATED FATHERS CAN REMARRY TO SATISFY MINDSET OF SUCH JUDGES (ANYWAY THE DIVORCE IS NOT GRANTED SO EASILY).
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shaleen
- Comments
- the laws shouldnt be monitvated by politics...and thats the truth in India
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AJAY KULETHWALE
- Comments
- A child needs father too.
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Krishna Murthy
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Saradhi Vajja
- Comments
- US Citizen of Indian origin
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Praveen Kumar I V
- Comments
- Only the parents (whether mother or father) and children will understand the pain when they have to live apart. It doesn't matter whether it is father or mother. The child equally needs both of them. Deciding custody based on gender of the parent is not good for the society. Shared parenting must be there.
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M J Vivek
- Comments
- Every child needs father as much as mother, with only one its incomplete
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Dr. R. Mehta
- Comments
- I am a US citizen and the sole custodial parent. My minor children (US citizens by birth) were kidnapped by my US citizen ex-wife and are being illegally detained in India. My ex-wife knew that it is easy to file false cases and most cases can be easily dragged out for many years in India by using influence. I have spent the last 7 years trying to obtain justice from the Indian legal system. Justice delayed is justice denied. I pray to God that nobody else has to go through such trauma. The officials who are condoning such criminal acts are in my prayers too.
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M.Thirumala Srikanth
- Comments
- getting love and affection from both parent is the right of the child.
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Roshan Malkoti
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kaushal
- Comments
- Please change such a black laws which rise legal terrorisam. Please stop misusing of legal and executive system.
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Perminder Singh
- Comments
- My case is pending in Indian courts for last 15 years. On paper I have the custody, but in reality the Indian courts could not even force any kind of genuine visiting rights. It took the German court only 5 mins to decide on this case which Indian courts have not decided in 15 years! On top of that nonsense 498a and 406 cases are being put against me and my family. I think, it should be obvious to any Judge that a NRI do not need to marry Indian poor woman for money. It is usually the reverse what is true that Indian women are marrying NRI for money.
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ramakrishna
- Comments
- children need both eyes which are parents
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730
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