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257th Report Law Commission of India: Reforms in Guardianship and Custody Laws in India

commission-
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257th Report Law Commission of india- india-

India: Reforms in Guardianship and
reforms- reforms-
Custody Laws in India
in- in-

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5, 2017 INDIA-REFORMS-IN-GUARDIANSHIP-AND-CUSTODY-LAWS-IN-INDIA/#RESPOND) guardianship-
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Most of the Children, due to such improper custody or care, are

turned to the bad people and terror minded people. The instances can
be given many, more, but thing important is only to give suggestions
over the instances. In India, there are several legislative enactments
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dealing with the matters of Child Custody and Guardianship and the
enactments having absolute relevancy to the matters are the Guardians
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u=https%3A%2F%2F1.800.gay%3A443%2Fhttps%2Flawgupshup.com%2F2017%2F06%2F257th-
and Wards Act, 1890 and the Hindu Minority and Guardianship Act,
1956. The 20th Law Commission of India has come up with its 257th
text=257th+Report+Law+Commission+of+India%3A+Reforms+in+Guardianship+and+Custody+Laws+in+India&url=https%3A
Report[1],
report- being titled as, ‘Reforms in Guardianship and Custody
Laws in India’ where a number of legislative modifications in the
existing
report-
legal frame work regarding ‘Welfare of the Child’ were
law-
emphasized as the paramount consideration in the matters of
adjudication of Child Custody and Guardianship. The Law
law-
commission- 257th Report Law Commission of Indi…
Commission while showing its concerns
(https://lawgupshup.com/) has considered that there are /
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u=https%3A%2F%2F1.800.gay%3A443%2Fhttps%2Flaw
text=257th+Re
certain problems in the welfare principle which occurs in our legal and
commission-
of-india- report- report-
judicial framework, like a different legislations connected to the
matters, having different relevancy to the welfare principle. law- law-
of-india-
reforms-
The Law Commission by the concerned report no. 257, which was commission-
commission-

submitted by the month of May, 2015, has shown its concern to

reforms-
in- of- of-
review the existing laws being ‘The Guardians and Wards Act, 1890’
and ‘The Hindu Minority and Guardianship Act, 1956’ and sought to india- india-
guardianship-
in-
recommend certain legislative amendments. The reasons and objects
reforms- reforms-
for which such modifications and amendments in the existing laws
pointed by the Commission includes, strengthening of the Welfare
guardianship-
and- in- in-

principle in existing law by emphasizing its relevance with the matters

guardianship-
guardianship-
of decision making in Guardianship and Child custody, giving equal
custody-
and-
legal status to mother and father in the matters connected to and- and-
Guardianship and Child custody, for helping the decision makers,
custody- custody-
providing
laws-in- them with the detailed guidelines and for giving an option
custody-
in awarding Join- custody to both mother and father. laws-in- laws-in-

india%2F)
laws-in- india%2F)india%2F&via
In reforming the Guardianship and Child Custody laws in India, the
Law Commission has issued the ‘Consultation Paper’ analysing
india%2F&via=lawgupshup)
‘Shared parentage systems’ existing across the world and also
reviewed the existing law in India and in its study also published set
of questions on the matter and sought comments from the general
public.

In the Report, various law related to the welfare of child and on the
matters of Child Custody and Guardianship were reviewed and the list
of those includes the Guardians and Wards Act, 1890, Hindu Minority
and Guardianship Act, 1956, Hindu Marriage Act, 1955, Islamic Law
and Parsi and Christian laws. Besides, the higher judiciaries in the
country have also supported the actual welfare of child in the matters
of Custody disputes. The father though was posted at the top in the
matter of custody, however, there were many instances[2] where the
higher judiciaries including several High Courts and honourable Apex
Court had specifically declared mother to be the best for the custody
of Child, even many times by modifying the scope of the existing
provisions.

The Law commission in this report has discussed the widely spread
concept of ‘Joint custody’ systems. However, there are different
approaches relating to the concept in the different Countries. The
257th Report Law Commission of Indi…
(https://lawgupshup.com/)
concept can be referred to both ‘joint legal custody’ and ‘joint physical /
custody’ or even combination thereof. The definition can be seen as (http://www.facebook.co
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recognized in the State of Virginia, State of Georgia, etc.[3] However,

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text=257th+Re
in India, the concept of ‘Joint custody’ is not specifically provided for
report- report-
in legal frame work and as per the various lawyers dealing with such
matters, the Judges from the Family Courts not even using the said law- law-
concept while determining the concerned matters of Child custody.
commission-
commission-
But, considering the growing demands for joint custody, and the
matters of unwanted development of child without having custody of of- of-
either parent, and many, more other grounds, the present Law
Commission sought to consider it important to look into the potentials india- india-

of the ‘Shared parenting model’ in India. Besides this, the reforms- reforms-
Commission also pointed the importance of mediation in the matters
of Child custody, which will bring real solutions which will not decide in- in-

what is right and what is wrong, but will provide for meeting needs of
guardianship-
guardianship-
family in the best possible interest of Children. And for deciding
cases, the Law Commission here sought to provide for certain and- and-

guidelines for the Judges and others from the group of decision-
custody- custody-
making to arrive at best possible decision in the Child Custody cases,
many of such guidelines are based, primarily, on the States in the laws-in- laws-in-

United States- US as they found to have most developed ones.

india%2F)india%2F&via

As such the present Law Commission of India has recommended on

the issues of Child Custody and Guardianship and most specifically
pointed the need to add to the existing legal frame work, the principle
‘shared parental custody’ and thus explained the requirement of
having ‘joint custody’ in India. More specifically, the
recommendations include the amending of the two most relevant
existing legislations viz. The Hindu Minority and Guardianship Act,
1956, and The Guardians and Wards Act, 1890 by introducing The
Hindu Minority and Guardianship (Amendment) Bill, 2015, and The
Guardians and Wards (Amendment) Bill, 2015, respectively as
enclosed with its report no. 257. In such amendments the major one is
for insertion of new Chapter to the Guardians and Wards Act, 1890,
being Chapter IIA which will deal with the Child custody, Child
support and Visitation issues in the matters arising. Certain specific
guidelines are also providing by the Commission in seeking
amendments to that law, for assisting the Courts in deciding such
matters, including processes to determine whether the welfare of the
child is met; procedures to be followed during mediation; etc.

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