(Video) Rajya Sabha TV (RSTV) The Big Picture: Family Laws & Custodial Rights

Topic: Family Laws & Custodial Rights

Guest:

Rekha Agarwal, (Advocate, Supreme Court)
V Rajyalaxmi, (Sociologist, Janki Devi Memorial College, DU)
Shyam Suman, (Legal Correspondent, Hindustan)

Topic Description:

The Supreme Court has sought Centre’s response to a PIL which challenged validity of a provision of Hindu Minority and Guardianship Act , 1956 that prefers father as a natural guardian of children till they attain majority. A bench headed by Justice Arun Mishra issued notice to the Centre after petitioner’s counsel argued that the 1956 law’s gender-based discrimination for grant of guardianship of children violated constitutional right to equality guaranteed to Hindu women. The apex court had issued a similar notice to centre last month on another petition seeking re-visit of country's all personal laws with regard to the custody of child in matrimonial disputes. Earlier the 257th report by the Law Commission of India had suggested amendments to the current statutory provisions so as to include the provision for shared custody / joint custody.