False
Download Learnerz IAS app from the Play Store now! Download

$show=search/label/May%202022

 


UCC and Child’s Interest UPSC NOTE

 UCC and Child’s Interest

  • A Uniform Civil Code (UCC) cannot confine itself to merely changing the rule of the father being the natural guardian.

  • It must go beyond this and provide for, in unequivocal terms, the ‘best interests of child’ principle in all custody disputes. 

  • It must deny absolute rights of biological parents vis-à-vis adoptive parents.

Child custody:

  • The Guardians and Wards Act, 1890 considers the welfare of the child as the prime consideration in the determination of custody.

  • Section 6 of the Hindu Minority and Guardianship Act, 1956 declares the father as the natural guardian and ‘after him’ the mother; the mother would ordinarily have custody till the child attains five years of age. 

  • The person would lose custody if she/he ceases to be Hindu. 

  • In Githa Hariharan (1999), the Supreme Court of India held that the expression ‘after him’ does not necessarily mean ‘after life-time’ of the father but, instead, ‘in the absence of’.

  • Custody under Islamic law is the right of the child and not of the parents. 

  • In fact, the father is at number six in terms of the right to custody after the mother, mother’s mother howsoever high, paternal grandmother, sister, maternal aunt and paternal aunt. 

  • Under the Hanafi school, the mother does not lose custody after she ceases to be a Muslim.

  • Islamic law gave custody to the mother till a boy attains seven years and a daughter till she is 17, under the Hanafi school. 

  • The Shafii and Hanbali schools gave custody to the mother till a daughter is married. 

  • Under the Maliki school, the mother gets custody of even a male child till puberty and female child till her marriage. 

  • Thereafter, the child gets the right to make a choice.

Child custody and the biological link:

  • Issues that are far more complex than custody claims between father and mother — i.e., the claims of biological parents after adoption, and of an ‘accused of rape’ biological father. 

  • Indian courts are attaching greater importance now to the claims of biological parents in preference to adoptive parents without due consideration to the best interests of the child.

Concerns:

  • The trauma which a child and its adoptive parents would undergo was not given much consideration.

    • though the court did acknowledge that the child would ‘undergo some difficulty’ in the beginning due to separation from the adoptive parents. 

Way forward:

  • A progressive UCC should not overemphasise biological ties. 

  • It must protect the rights of adoptive parents; otherwise people would not adopt children.

  • Similarly, it should not insist on the matrimonial bond between parents and should ideally make provision of guardianship even for a single parent, surrogate parent and queer parents.

COMMENTS

Name

Amritsar,1,April 2024,217,Art & Culture,1,August 2023,251,Courses,7,Daily Current Affairs,48,December 2023,189,Disaster Management,2,Environment and Ecology,54,February 2024,228,Foundation Course,1,GDP,1,GEMS Club,1,GEMS Plus,1,Geography,67,Govt Schemes,2,GST,1,History,2,Home,3,IAS Booklist,1,Important News,71,Indian Economy,46,Indian History,2,Indian Polity,56,International Organisation,12,International Relations,58,Invasive Plant,1,January 2024,240,July 2023,281,June 2022,6,June 2023,268,March 2024,238,May 2022,17,Mentorship,2,November 2023,169,October 2023,203,Places in News,2,Science & Technology,66,September 2023,205,UPSC CSE,111,
ltr
item
Learnerz IAS | Concept oriented UPSC Classes in Malayalam: UCC and Child’s Interest UPSC NOTE
UCC and Child’s Interest UPSC NOTE
Learnerz IAS | Concept oriented UPSC Classes in Malayalam
https://www.learnerz.in/2023/09/ucc-and-childs-interest-upsc-note.html
https://www.learnerz.in/
https://www.learnerz.in/
https://www.learnerz.in/2023/09/ucc-and-childs-interest-upsc-note.html
true
4761292069385420868
UTF-8
Loaded All Posts Not found any posts VIEW ALL Readmore Reply Cancel reply Delete By Home PAGES POSTS View All RECOMMENDED FOR YOU LABEL ARCHIVE SEARCH ALL POSTS Not found any post match with your request Back Home Sunday Monday Tuesday Wednesday Thursday Friday Saturday Sun Mon Tue Wed Thu Fri Sat January February March April May June July August September October November December Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec just now 1 minute ago $$1$$ minutes ago 1 hour ago $$1$$ hours ago Yesterday $$1$$ days ago $$1$$ weeks ago more than 5 weeks ago Followers Follow THIS PREMIUM CONTENT IS LOCKED STEP 1: Share to a social network STEP 2: Click the link on your social network Copy All Code Select All Code All codes were copied to your clipboard Can not copy the codes / texts, please press [CTRL]+[C] (or CMD+C with Mac) to copy Table of Content