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9 NUJS L. Rev. 153 (2016)
Of Men's Rights, Motherhood and Minors: Critical Feminist Reflections on Shared Parenting Laws in India

handle is hein.journals/nujslr9 and id is 164 raw text is: OF MEN'S RIGHTS, MOTHERHOOD AND MINORS: CRITICAL FEMINIST REFLECTIONS ON SHARED PARENTING LAWS IN INDIA Ira Chadha-Sridhar and Aratrika Choudhuri* In May 2015, the Law Commission of India drafted its 257th report titled 'Reforms in Guardianship and Custody Laws in India', in which it sug- gested 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 ramifica- tions of implementing such a model. In doing so, this paper contextualises the demands for shared parenting made by men's rights groups and pro- vides 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 ofjustice and care in laws related to parent- ing in India. I. INTRODUCTION The terrain of custodial disputes has been a majorly demanding and largely unpleasant area for Indian judicial bodies to navigate. Disputes within this terrain are characterised inherently by a discord between divorced couples around questions of custody, access, maintenance and guardianship. The concerns of custody, in particular, are the subject of a lengthy debate within courts across the country. The evolved judicial consensus on the mat- ter is represented in the 'best interests of the child' threshold.' This threshold stipulates that the child's holistic welfare is unanimously considered to be the primary consideration on the basis of which a determination of custody is made between parents after a divorce. 3rd and 2nd year B.A./LL.B. (Hons.) students at The West Bengal National University of Juridical Sciences. We would like to express our gratitude to Advocate Veena Gowda for her invaluable comments and suggestions that have helped us conceptualise this paper. We would also like to thank Mr. Aditya Ayachit for his editorial contribution to this paper. All errors, however, remain solely ours. Mausami Moitra Ganguli v. Jayant Ganguli, (2008) 7 SCC 673; See also Convention on the Rights of the Child, G.A. Res. 44/25, U.N. Doc. A/RES/44/25 (November 20, 1989), Art. 3.

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