A Petition has been filed in Supreme Court Seeking guidelines to allow teleconference access between child and the non-custodial parent, to ensure child is the first to get relief and also to fulfill the constitutional and international commitment towards the Best Interest of the child.
The petition states that in present time of lockdown, children and parents are at home and are free, while the world is facing a tough time, the same time can be used to build good, emotional bonds between child and non-custodial parents. Development of self regulation with respect to managing physiological arousal, emotions and attention are fundamental tasks for early years and it is important to ensure development of children to fullest so that they would be prepared to contribute to nation as they grow up.
Petition by Kumar S. Ratna has been filed in the wake of arrangement of alternate system for visitation rights of the children with their non-custodial parent during the nationwide lockdown. The Petition states that no circular or guideline has been issued by Government for alternate system of visiting right to ensure rights of child which state has obligation and duty to fulfil, by Constitution to safeguard interest of child, which work on principle of “Children are the first to get the relief”, to ensure the best interest of child.
Questions of law arising in the Petition are as follows:-
i) Whether this is violation of the Constitution of India, that there is no clear guidelines for the children to maintain contact with noncustodial parent in the present situation, when the child need their parents more than anything.
ii) Whether its violation of international instrument which India has signatory, that children unable to maintain contact with their noncustodial parents.
iii) Whether the State has the responsibility to protect the personhood, childhood and life of every child where parenting is the question while parents are under separation?
iv) Whether or not it is violation of Rights of Child and the principle of “Children are the first to get relief”, ignoring parenting rights during lockdown.
v) Whether the exceptional lockdown not be taken as opportunity to enable our children to build stronger bond with their noncustodial parents.
vi) Whether the exceptional lockdown not be taken as opportunity to enable our children to build stronger bond with their noncustodial parents even if they hold or do not holds any court order of visitation.
vii) Whether allowing direct and uninterrupted access of child and non-custodial parents, in the “Best Interest of Child” which UNCRC strongly states in various articles.
The Petition further mentions that provisions of Constitution confer powers and impose duties, under Art.15(3)(e),(f), Art.39, Art.45, on State to ensure that all needs of children are met and that basic human rights are fully protected. Child getting uninterrupted access of noncustodial parent, will save them from impact of Parental Alienation Syndrome. Children have right to be protected from all forms of abuse, exploitation and neglect and have a right to care, protection and sometimes justice.
-India Legal Bureau