• September 3, 2025

The 257th Law Commission Report: Putting Children at the Heart of Custody Laws

The 257th Law Commission Report: Putting Children at the Heart of Custody Laws

By Adv. Juhi Damodar,

Chairperson, Child welfare Committee,

Udupi, Karnatak

A decade-old vision for equal guardianship and shared parenting remains more relevant than ever. Let us discover how India’s 257th Law Commission Report calls for equal guardianship, shared parenting, and child custody reforms centered on children’s best interests.

The 257th Report of the Law Commission of India (2015) is widely regarded as a milestone in the evolution of child custody laws in India. Its greatest contribution was in shifting the focus of custody disputes away from the competing rights of parents and towards the best interest of the child. This child-centered approach provides a progressive framework for reforming guardianship and custody laws in the country.

One of the Report’ s most significant recommendations was the amendment of the Hindu Minority and Guardianship Act, 1956. At present, the law gives priority to the father as the natural guardian of a Hindu minor, reflecting an outdated and patriarchal approach. The Commission recommended replacing this with a gender-neutral guardianship framework, giving both parents equal and concurrent gurdianship rights.It also extended this principle to adoptive families by recognizing equal guardianship for both adopted sons and daughters, with adoptive parents sharingfull responsibility. These changes would modernize guardianship laws tobetter reflect the realities of today’s families.

The Report also called for important reforms to the Guardians and Wards Act, 1890, a law that still uses archaic terms like “arrest” in custody contexts. By replacing such language with more respectful and child-sensitive provisions, custody processes could better uphold the dignity of children. Even more transformative was the recommendation to legally recognize shared parenting and joint custody in India. This would allow children of separated or divorced parents to continue benefiting from the active involvement of both parents—an approach that supports emotional stability and balanced upbringing.

Another key proposal was to replace the phrase “welfare of the child” with the more holistic standard of the “best interest of the child”, aligning India with the United Nations Convention on the Rights of the Child (UNCRC). The Report further emphasized practical tools like parenting plans and mediation, which could make custody arrangements less adversarial and more cooperative.

Even after nearly a decade, the 257th Law Commission Report remains highly relevant. By embracing equal guardianship, gender-neutral laws, and shared parenting, India has the opportunity to reform its custody framework in a way that protects children, respects both parents, and reflects global best practices in family law.