Nagpur: Until last year, some men across the country would be marking the third Sunday of June as a black day, organizing protests and staging dharnas. This year, however, they have reason to celebrate and be hopeful about the future. They are fathers who have been separated from the children and are unable to see them on a regular basis.

What makes these fathers hopeful is the inclination of the Law Commission of India towards joint custody of children to separated parents. This has been one of the major demands of the many men’s rights organizations for some time now. On Saturday, several of these activists visited the local family courts, meeting the judges to tell them the benefits of shared parenting.

“The seemingly small move has given a huge ray of hope to fathers like me, knowing that at least the issue of joint custody is being seriously discussed by the judiciary. The problem is it will still be left to the discretion of the judge because there is no concrete framework on the issue. While family courts in bigger cities have been known to make faster and more progressive decisions, the same cant be said about the courts from smaller cities,” said Sreenivas Anantkrishan, Central India head of NGO Save Indian Family Foundation – Fathers’ Rights Wing (SIFF-FRW). ‘

He agreed, though, that some courts have given decisions regarding joint custody of children in a couple of cases in the three weeks that the recommendations have been discussed.

“In countries where shared parenting and joint custody of children are mandatory, divorce rates have also come down. The courts in India, however, have an unfair anti-father stance when making a custody decision, thinking mother is more important for the upbringing of a child. They don’t realize that a child needs both his parents for different reasons,” said Kumar Jahgirdar, a Bangalore-based child rights activist and president of NGO Child Rights Initiative for Shared parenting (CRISP).

His organization also spent the eve of Fathers’ Day holding a public gathering to inform people about joint custody. They also plan to send letters and memorandums on the issue to public representatives and members of the judiciary, asking them to lend their support to ensure formation of laws on joint custody.

SIFF president Rajesh Vakharia said, “A courtroom is not an ideal place for fathers to meet their children, especially as when they meet only for a couple of hours a week. If the father wishes to see the child elsewhere, he is asked for a hefty sum of money. This is equivalent of paying ransom to meet your own child.”

He questioned the logic of making the child suffer doubly just because his parents are in bitter circumstances.

BOX 1:

WHY THE CELEBRATION

Activists have long been demanding shared parenting be made mandatory in India. Last month, the Law Commission of India recommended providing equal legal status and joint custody to both father and mother when parents decide to separate. They now wish that the government takes immediate steps to move this bill in parliament with necessary amendments in the guardianship and custody laws as recommended by the Law commission.

BOX 2

PROVISIONS NEEDED FOR JOINT CUSTODY LAW

Fast disposal of all child custody cases

Compulsory counselling on shared parenting for all separating couples

Ban Child interviews when the children are of tender age in a hostile environment

Custodian parents who intentionally and consistently violate the court orders of child visitation should be declared unfit to be a guardian and custody should be given to the other parent.

Don’t restrict child and father relationship to court premises under supervised visitations.

Documents like passport, school admission forms, bank passbooks of the child should be always with the consent and signature of both biological parents

Due consideration should be given to both sets of grandparents to have equal access to their grandchild

Child support money paid by father should be properly accounted for, and in case both parents earn they must share expenses

