Bombay High Court Issues Notice On PIL Seeking Guidelines On Legal Assistance For Children Involved In Custody Matters, POCSO Cases
A PIL has been filed in the Bombay High Court seeking guidelines for framing a 'Child Legal Assistance Program' in the State for child custody, family court as well as POCSO cases. The petition also seeks the appointment of independent lawyers to represent children in custody matters.A division bench of Chief Justice Alok Aradhe and Justice Bharati Dangre on Wednesday issued notices to the...
A PIL has been filed in the Bombay High Court seeking guidelines for framing a 'Child Legal Assistance Program' in the State for child custody, family court as well as POCSO cases. The petition also seeks the appointment of independent lawyers to represent children in custody matters.
A division bench of Chief Justice Alok Aradhe and Justice Bharati Dangre on Wednesday issued notices to the State, Registrar of Family Court Mumbai and Maharashtra State Legal Services Authority.
The petition filed by a lawyer states that the Child Legal Assistance Program would benefit children to deal with litigation cases before the family courts, high court and other courts.
It is stated that children are silent sufferers in matrimonial disputes and that their emotional and psychological health is often overlooked in such cases. It is stated that recognising children as independent right holders and ensuring their voices are heard through the appointment of independent legal counsel is essential to protect their welfare and mitigate any suffering they endure during matrimonial disputes.
The petition states that appointing child support lawyers in custody cases would safeguard the mental and physical well-being of children affected by disputes between their parents and families. It is stated that child support lawyers can provide effective monitoring to children in family cases and ensure accountability from parents.
The petition refers to the United Nations Convention on the Rights of a Child (UNCRC), to which India is a signatory. As per UNCRC, children should be provided with the opportunity to be heard in all judicial and administrative proceedings affecting them.
The petition also refers to Section 12(1)(c) of the Legal Services Authorities Act, 1987, which states that a child is entitled to legal services. It is stated that since children are entitled to the services of a lawyer, the legal services authorities are bound to extend legal aid services by providing them with independent lawyers in custody matters. The petition further mentions the Child Legal Assistance Program (CLAP) launched by the Kerala State Legal Services Authority to ensure the protection of the rights of children in legal proceedings.
The petitioner thus prays to direct the respondent authorities to frame appropriate guidelines for the Child Legal Assistance Program in child custody, family court and POCSO cases. The petitioner further prays for the appointment of independent counsels/lawyers under the Legal Services Authorities Act for representing children in custody cases.
Case Title: Shraddha Bharat Dalvi vs. State Of Maharashtra (PIL/22/2025)