Report Highlights Challenges Fathers Face in Child Visitation Cases

Quick Summary

• A report by NGO Ekam Nyaay Foundation highlights challenges faced by estranged fathers in India regarding child visitation rights and shared parenting laws.
• Survey conducted among 108 fathers reveals that nearly 75% of those seeking visitation rights were denied access to their children.
• Factors include custody biases favoring mothers, non-compliance with court orders, alienation tactics, emotional distress, and fears of retaliatory legal actions from estranged spouses.
• Section 6 of the Hindu Minority and Guardianship Act, 1956 automatically grants custody of children under five years to mothers.
• The foundation emphasizes that this law leads to long-term separation from fathers during formative years, adversely impacting both parent-child relationships and parental rights equality.
• In a highlighted case from December 2024, software engineer Atul Subhash died by suicide after alleging harassment over custodial disputes with his estranged wife.
• Among survey participants who applied for visitation rights (48.2%), only 13 out of 52 were granted access to their children. Court-issued weekly visitations are often ignored or unenforced by custodial parents.
• Director Deepika Narayan Bhardwaj called for reforms toward shared parenting practices in India.

Indian Opinion Analysis

The findings underscore systemic gaps in India’s family legal frameworks regarding equitable custodial arrangements post-separation. The automatic granting of custody under Section 6 to mothers may not adequately account for evolving notions of parental roles or the importance of paternal involvement during early childhood development. Such imbalances potentially foster emotional distress among alienated parents and negatively impact children’s psychological well-being.

The report’s call for judiciary reform towards shared parenting is compelling but points toward broader societal resistance rooted in customary family dynamics. Addressing root causes such as fear-driven discouragement against filing cases may require comprehensive awareness campaigns alongside legislative adjustments.Cases like Atul Subhash’s bring urgency to these conversations around reform not only for legal justice but emotional health across families experiencing separation. Effective implementation mechanisms ensuring compliance with court orders are a critical next step towards achieving balance between both parents’ roles post-divorce or separation.

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