Report No. 257

Reforms in Guardianship and Custody Laws in India

Contents
Chapter I	Background to the Report
	Background to the Report
A.	Historical Evolution
B.	"Best Interest of the Child" in International Human Rights Law
C.	Joint Custody
D.	Summary of Responses received by the Commission
E.	The Present Report
Chapter II	Legal Framework Governing Custody and Guardianship in India
	Legal Framework Governing Custody and Guardianship in India
A.	Statutory Law
(i)	Guardians and Wards Act, 1890
(ii)	Hindu Minority and Guardianship Act, 1956
(iii)	Hindu Marriage Act, 1955
(iv)	Islamic Law
(v)	Parsi and Christian Law
B.	Judicial Interpretations
(i)	Superior Position of the Father
(ii)	Indeterminacy of the Welfare standard
Chapter III	The Concept of Joint Custody
A.	International Approaches to Joint Custody
B.	Joint Custody in India
C.	Reasons for Adopting Joint Custody in India
Chapter IV	Mediation in Child Custody Cases
	Mediation in Child Custody Cases
A.	Current Legal Framework for Mediation in India
B.	International Approaches to Mediation in Child Custody
Chapter V	Considerations for Deciding Child Custody Cases
	Considerations for Deciding Child Custody Cases
A.	Factors to Consider for the Best Interest Standard
B.	Determining the Preference of the Child
C.	Access to Records of the Child
D.	Grand-parenting Time
E.	Mediation
F.	Relocation
G.	Decision Making
H.	Parenting Plan
I.	Visitation
Chapter VI	Summary of Recommendations
	Summary of Recommendations
A.	Amendments to the Hindu Minority and Guardians Act, 1956
1.	Section 6(a) and Section 7
B.	Amendments to the Guardians and Wards Act, 1890
1.	Section 17,19,25
4.	Insertion of new Chapter IIA
a.	Objectives of the chapter
b.	Applicability of this chapter
c.	Definitions
d.	Award of custody
e.	Power to pass additional orders
f.	Mediation
g.	Child support
h.	Guidelines
Annexure I	The Hindu Minority and Guardianship (Amendment) Bill, 2015
1.	Short Title
2.	Amendment of Section 6
3.	Substitution of New Section for Section 7
Annexure II	The Guardians and Wards (Amendment) Bill, 2015
1.	Short Title
2.	Amendment of Section 17
3.	Amendment of Section 19
4.	Substitution of New Section for Section 25
5.	Insertion of New Chapter
"Chapter IIA	Custody, Child Support and Visitation Arrangements
	Objectives of the Chapter
	Applicability of this Chapter
	Definitions
	Award of custody
	Power to pass additional orders
	Mediation
	Child support
Schedule	Guidelines for Custody, Child Support and Visitation Arrangements
I.	Factors to be Considered for Grant of Joint Custody
II.	Determining Preference of the Child
III.	Access to Records of the Child
IV.	Grand-Parenting Time
V	Mediation
VI.	Relocation
VII.	Decision Making
VIII.	Parenting Plan
IX.	Visitation