In a significant pronouncement, the Kerala High Court has emphasized the paramount importance of safeguarding the emotional and psychological well-being of children embroiled in custody battles. Recognizing the inadvertent trauma inflicted upon minors through court appearances, the Division Bench comprising Justice Devan Ramachandran and Justice M. B. Snehalatha underscored the necessity of treating children with utmost dignity and privacy during legal proceedings.
The court observed that compelling children to be present in courtrooms, even for counseling or statutory requirements, should be an exception rather than the norm. It highlighted that such appearances often lead to children feeling objectified, as if they are being paraded rather than treated as individuals with emotions and rights. This sentiment was echoed by children themselves, who expressed discomfort and distress over being brought into the courtroom environment.
To mitigate this, the High Court directed that children should only be summoned to court in unavoidable circumstances. When their presence is deemed essential, measures must be taken to ensure their experience is as stress-free as possible. This includes minimizing waiting times and prioritizing their matters, subject to the court's workload, to prevent prolonged exposure to the intimidating court atmosphere.
Furthermore, the court addressed the practice of exchanging custody within court premises. It opined that such exchanges should occur in neutral, child-friendly environments, preferably agreed upon by both parties. This approach aims to reduce the psychological strain on children, who may associate court premises with conflict and anxiety.
The judgment also shed light on the broader issue of how matrimonial disputes often overlook the child's perspective. The court noted that in the fervor of legal battles, parents and even the judiciary might inadvertently neglect the child's emotional needs. It stressed the importance of empathy and a child-centric approach, urging all parties involved to consider the child's best interests above all else.
In conclusion, the Kerala High Court's directives serve as a poignant reminder of the delicate nature of child custody cases. By advocating for minimal court involvement and promoting environments that prioritize the child's comfort and dignity, the court seeks to ensure that the legal system acts as a protector rather than a source of distress for vulnerable children caught in the crossfire of parental disputes.
0 Comments
Thank you for your response. It will help us to improve in the future.