Laws Relating To Custody And Guardianship In India With Special Reference To The Guardians 1890 Issues And Challenges

Abstract

The children are not mere chattels; nor are they mere play-things for their parents. Absolute right of parents over the destinies and the lives of their children has, in the modern changed social conditions, yielding to the considerations of their welfare as human beings so that they may grow up in a normal balanced manner to be useful members of the society and the guardian court in case of a dispute between the mother and the father, is expected to strike a just welfare of the minor children and the rights of their respective parents over them. 1 newlineChildren are the most precious wealth of every nation. Future, development and progress of each country are depending upon the growth and development of children. John Milton quoted that, The Child shows the man as morning shows the day. 2 Thus children cover comprehensible sense of the idea, which is not only important for the nation s growth but also for the whole development of the human race. newlineThe U.N. Declaration on Rights of the Child3 enunciates the principle: newline The child, for the full and harmonious development of his personality, needs love and understanding. He shall, wherever possible, grow up in the care and under the responsibility of his parent s, and, in any case, in an atmosphere of affection and of moral and material security, a child of tender years shall not, save in exceptional circumstances, newline1 R. Jacob v. J. Chakramakal, (1973) 1 S.C.C. 840. In Jacob s case the Supreme Court has observed newlineThat, children are the supreme assets of the nation. See also Justice Shivraj Patil, Children-Supreme Assets of the nation, THE PRACTICAL LAWYER, (Aug. 24, 2018), available at:http://www.supreme courtcases.com. newline2 JOHN MILTON, PARADISE REGAINED, 220 (2nd ed.1671) and See also DR. SUMAN LATA AND newlineANJALI KANT, CHILD AND THE LAW, 198 (2007). newline3 The Declaration of the Rights of the child is the conceptual parent of the Convention on the newlineRights of the Child. The General Assembly adopted the Declaration of the Rights of Child by consensus on 20th Nov.