The Judicial Application of the Principle of Best Interests of the Child in India: A Study of Supreme Court Judgments
- NLR Journal
- Nov 30
- 2 min read
By Vagisha Nandini & Dr. Puneet Pathak, Department of Law, Central University of Punjab, Bathinda*.
Abstract
This paper conducts a thematic analysis of the Supreme Court of India's judgments to explore the judicial application of the principle of the Best Interests of the Child (BIC) following the country's ratification of the United Nations Convention on the Rights of the Child (UNCRC) in 1992. The study employs Boolean searches on the Manupatra database, selecting 30 judgments across eight key themes. The findings demonstrate that the Supreme Court has consistently elevated the BIC principle from a 'primary' consideration, as stipulated in Article 3 of the UNCRC, to a 'paramount' consideration in cases where it exercises parens patriae jurisdiction, particularly in matters of custody and guardianship. The Court has laid down comprehensive factors for determining BIC and asserted its primacy over procedural technicalities and the interests of parents, as well as the principle of comity of courts in cross-border disputes. Notably, the jurisprudence has reinterpreted statutory laws to ensure gender neutrality in guardianship and shown caution in ordering intrusive DNA tests to protect a child's privacy and legitimacy. However, the study identifies an anomaly in the Court's treatment of private adoptions, which remain outside the rigorous BIC scrutiny applied to public adoptions, contradicting Article 21 of the UNCRC. Ultimately, the Supreme Court’s rulings affirm a robust, child-centric philosophy that positions the welfare of the child at the core of Indian jurisprudence, setting a progressive benchmark for the realisation of child rights in the country.
Keywords- UNCRC, Child Rights, Supreme Court of India, Child Welfare.
* Author 1 is a JRF & Ph.D. Scholar, Department of Law, Central University of Punjab, Bathinda. Author 2 is an Associate Professor, Department of Law, Central University of Punjab, Bathinda.
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