Of Men’s Rights, Motherhood and Minors: Critical Feminist Reflections on Shared Parenting Laws in India
Ira Chadha-Sridhar & Aratrika Choudhuri*
Volume 9 Issue 1-2 (2016)
In May 2015, the Law Commission of India drafted its 257th report titled ‘Reforms in Guardianship and Custody Laws in India’, in which it suggested several modifications to the custody framework in India. Within this report, the Law Commission also suggested the possible incorporation of shared parenting as a post-divorce custody model within India. This paper attempts to analyse the principle need as well as the practical ramifications of implementing such a model. In doing so, this paper contextualises the demands for shared parenting made by men’s rights groups and provides a feminist jurisprudential critique to the underlying basis of these demands. Finally, this paper recommends modifications to the report, suggesting mandatory child support orders and a rebuttable presumption model against shared parenting in cases of domestic violence. In doing so, the paper attempts to provide tangible suggestions in order to ensure that such a model meets the goals of justice and care in laws related to parenting in India.