Answer By law4u team
In India, parents have certain rights and responsibilities to intervene in their children's relationships, including preventing harmful friendships, but their authority must be balanced with the child's right to autonomy and freedom of association. The extent to which parents can prevent or control their child's friendships depends on the child's age, the nature of the friendships, and the potential harm involved. While parents are responsible for the child's welfare, they must act within the limits of the law and respect the child’s emerging rights as they grow older.
Key Legal Considerations:
Parental Rights and Responsibility
Parents are legally responsible for the care, protection, and well-being of their minor children. Under the Guardians and Wards Act, 1890, parents are entitled to make decisions on behalf of their children, including matters related to education, healthcare, and social interactions. Parents may intervene in their children's relationships if they believe the friendships are harmful to the child’s physical or emotional well-being.
Child Welfare and Protection
The Protection of Children from Sexual Offences (POCSO) Act, 2012 and the Juvenile Justice (Care and Protection of Children) Act, 2015 provide safeguards for children’s well-being. If a child is involved in relationships that are dangerous, abusive, or could lead to exploitation (e.g., peer pressure, drug abuse, criminal activities), parents can take action to protect the child, which might include limiting or preventing harmful friendships. Parents can seek the intervention of authorities, such as social workers or the police, if necessary.
The Right to Freedom of Association vs. Parental Authority
While parents have the authority to protect their children, particularly those under the age of 18, children also have the constitutional right to freedom of association under Article 19(1)(c) of the Indian Constitution, which allows citizens to form associations. However, this right is not absolute and is limited by the state’s interest in protecting the child’s welfare. In cases where a child's association with others poses a clear risk to their safety or development, parental authority can override the child’s freedom to associate.
Intervening in Harmful Friendships
If a child’s friendship is leading them toward harmful behaviors—such as involvement with peers who promote substance abuse, delinquency, or violence—parents can take action. Such actions might include:
- Talking to the child: Understanding the nature of the friendship and guiding the child toward healthier associations.
- Setting boundaries: Restricting access to certain friends or social settings if the friendship is deemed to be dangerous.
- Seeking professional help: If the child is at risk of harm, parents may involve counselors, psychologists, or social services to address the issue.
- Legal intervention: In extreme cases, such as a child being involved in illegal or dangerous activities because of a peer group, parents can seek legal protection or even approach the police for assistance.
Role of Child's Autonomy
As children grow older, particularly after the age of 16 or 18, they gain more autonomy and legal rights. Parents still have a role in guiding their children, but they should not impose absolute control over their children’s friendships unless there is a serious concern about harm. Courts have recognized that teenagers and young adults are entitled to make their own social choices. In such cases, the parents' role becomes more of guidance and counsel, rather than direct intervention, unless there is a direct threat to the child’s safety or well-being.
Seeking Legal Remedies
In cases where harmful friendships involve abuse (physical, emotional, or sexual), exploitation, or criminal behavior, parents can:
- File a police complaint under relevant provisions of the Indian Penal Code (IPC), particularly if the child is being coerced or harmed by their peers.
- Seek protection through the Juvenile Justice Act, or request a child welfare committee to intervene if the child is being harmed by their association with certain individuals or groups.
Alternative Measures
If a child’s harmful friendship involves gang influence, addiction, or criminal behavior, parents can:
- Seek rehabilitation or counseling services for the child.
- Approach a family court for intervention if the child is consistently acting in a manner that is harmful to their future or safety.
Example:
Case of Peer Pressure and Drug Abuse: If a teenager becomes friends with a group that encourages substance abuse, parents can talk to the child about the dangers and try to steer them away from these friends. If the behavior continues or worsens, the parents can seek counseling or, in extreme cases, legal intervention to protect the child’s health and safety.
Involvement with Criminal Peers: If a child starts associating with individuals involved in criminal activities (e.g., theft or violence), parents can seek police intervention or request an order from a family court for the child’s protection and rehabilitation.
Conclusion
In India, parents have the right and responsibility to intervene in their children's relationships to protect their well-being, particularly when those friendships are harmful. Parents can limit or prevent harmful friendships if they believe such relationships could lead to emotional, physical, or legal harm. However, this parental authority must be balanced with the child’s right to freedom of association as they grow older. Parents can intervene through dialogue, setting boundaries, involving professionals, and, in serious cases, seeking legal action. The overarching principle is that any intervention should be in the best interests of the child, ensuring their safety, health, and emotional development.
