The Supreme Court refuses to entertain plea for issuance of generic guidelines for non-custodial parents to get access to children through Videoconference while stating that parents can mutually decide on meetings through electronic devices or move family courts in case of disputes during COVID19.
The Court was hearing a plea seeking guidelines for custody dispute between parents during lockdown, encompassing “Rights to Contact” children through electronic medium for the non-custodial parents. A three-judge bench of Justice N. V. Ramana, Justice S. K. Kaul and Justice B. R. Gavai said, At a national level we cannot pass directions like this. The issue will have to be decided by the family courts, but if parties are willing, then it can be done mutually and in case there is dispute parties can moved family courts.
The matter titled as Venkatesh Srinivasa Rao and Ors. vs. Union of India filed by Advocate on Record, Mr. Pramod Dayal.
The Petition had prayed for granting of daily electronic access in the form of one hour video call between the child and the non-custodial parent who has already been granted visitation rights under the Guardians and Wards Act and it must be the duty of the custodial parent to allow and encourage healthy interaction between the child and the non-custodial parent.
Further sought directions for allowing daily electronic access in the form of one hour video call between the child and the non-custodial parent who’s application for visitation rights is currently pending in any competent Court throughout India and it must be the duty of the custodial parent to allow healthy interaction between the child and the non-custodial parent.
The Petition also sought directions that any attempt by the custodial parent to abuse the lockdown situation to deny access of the child to the non-custodial parent and/or cause parental alienation must be classified as child abuse. Further, Special provisions were prayed to be made so that there is adequate interaction between the children and their (non-custodial) grandparents during the lockdown.
As per the petition, alienating the child from the non-custodial parent will result in the violation of Article 14, 15, and 21 of the Constitution of India
It was also mentioned in the Petition that keeping the child away from the interaction with the non-custodial parent will be in contradiction of national and international policies made for the child, namely, National Charter for Children, 2004; National Plan of Action for Children (NPAC), 2005; National Policy for Children 2013; Commissions for the Protection of Child Rights Act, 2005; and United Nations Convention on the Rights of the Child (UNCRC).
The Petition mentioned that Article 39 (f) of Indian Constitution directs the States to adopt policies which ensure that children of tender age are not abused and children are given opportunities and facilities to develop in a healthy manner and childhood is protected against exploitation and against moral and material abandonment.
It referred to guidelines to protect children passed at various places like Family Court of Australia, Federal Circuit Court of Australia, issued guidelines dated 26.03.2020 on Parenting Orders and COVID-19.
-India Legal Bureau