Shared Parenting

To:  The Chief Justice of India

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,
Children’s 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 Father’s 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 child’s 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 child’s 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 child’s 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

Sincerely,

The Undersigned

The Shared Parenting Petition to The Chief Justice of India was created by Members of Children Rights Initiative for Shared Parenting and written by Virag Dhulia (virag.v@gmail.com).  This petition is hosted here at www.PetitionOnline.com as a public service. There is no endorsement of this petition, express or implied, by Artifice, Inc. or our sponsors. For technical support please use our simple Petition Help form.