- 08-Aug-2025
- Marriage and Divorce Laws
In custody matters, the privacy of the child is a matter of paramount importance. Indian courts, while ensuring justice in custody disputes, also take steps to protect the child’s privacy. The courts recognize that exposure of sensitive information or placing a child in the spotlight during legal proceedings can cause emotional distress and harm to the child’s well-being. Therefore, various measures are taken to ensure that the child's personal details, testimony, and other sensitive information are safeguarded throughout the custody process.
In child custody cases, Indian courts typically ensure that the proceedings are closed to the public. This means that the details of the case, the identities of the parents, and the child are not made public. Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 provides that hearings involving children should be conducted in a manner that ensures the privacy of the child and confidentiality of the case. This protects the child from unnecessary publicity and potential emotional harm.
To prevent the child from being identified or stigmatized in legal proceedings, courts often use pseudonyms or initials instead of the child’s real name. The names of the parties involved, including the child, are typically kept private, especially in media reports and public court records. This helps maintain the child’s dignity and prevents unwanted attention or trauma related to the case.
In some custody disputes, particularly those involving sensitive matters such as abuse or trauma, in-camera trials (private hearings) may be held. These trials are not open to the public, and only the parties directly involved in the case, their lawyers, and court-appointed officers are present. This ensures that the child’s privacy is maintained during the proceedings.
In cases where the child’s interests are particularly vulnerable, the court may appoint a guardian ad litem. This is a legal representative appointed to act in the child’s best interests and represent the child’s rights in court. The guardian ad litem helps protect the child from undue stress and ensures that their privacy is maintained during the case. This representative also assists in communicating the child’s wishes in a way that protects the child from direct confrontation with the parents during the court proceedings.
In many cases, the court may avoid having the child testify directly in the courtroom, especially if the child is very young or the testimony could be emotionally damaging. Instead, the court may rely on psychological evaluations, affidavits, or reports from social workers to assess the child’s needs and preferences. If the child’s testimony is necessary, it may be conducted privately, outside the presence of the parents, to minimize emotional stress on the child.
Psychological evaluations are often conducted to assess the emotional and mental state of the child and the parents. The findings of these evaluations are confidential and typically shared only with the court to assist in determining the best interests of the child. The information gathered during these evaluations is not disclosed to the public or used for purposes other than the custody decision. This helps protect the privacy of both the child and the parents.
In custody disputes, the court takes steps to shield the child from direct exposure to the ongoing conflict between the parents. For example, the court may order supervised visitation or set up conditions to ensure that the child does not overhear or witness adversarial discussions or hostile exchanges between the parents. This protects the child from emotional harm and reduces the likelihood of trauma or anxiety related to the dispute.
Media coverage of custody matters, particularly those involving children, can be harmful to the child’s privacy. Courts take measures to prevent the media from covering these cases in a way that would reveal the identity of the child or broadcast sensitive details. Section 21 of the Juvenile Justice (Care and Protection of Children) Act, 2015 prohibits the publication of any information that could lead to the identification of a child in legal proceedings, ensuring that media outlets respect the child’s privacy.
Often, social workers or child welfare organizations are involved in the case to provide neutral reports on the child’s situation. These professionals interview the parents and observe the child’s behavior in different environments. These reports are confidential and serve as evidence to help the court determine the custody arrangement. They also play a role in ensuring that the child's privacy is protected, as sensitive observations and details are not publicly disclosed.
Case Scenario: A father and mother are involved in a highly contested custody dispute over their 8-year-old daughter. The mother claims that the father is abusive, while the father accuses the mother of neglect. The child has witnessed significant conflict between her parents and is emotionally distressed by the ongoing proceedings.
The court orders a psychological evaluation of the child and both parents. The psychologist conducts a private assessment, and the findings are kept confidential to protect the child’s emotional well-being. The evaluation indicates that the child is strongly attached to both parents but would benefit from a stable and calm environment.
The child is not asked to testify in court. Instead, the guardian ad litem presents a report based on the child’s preferences and psychological needs, which were assessed in a non-threatening environment.
The court grants joint custody to both parents but establishes strict guidelines for visitation, including supervised visitation for the father due to concerns about past behavior. The child’s identity and personal details remain confidential throughout the process.
Indian courts take the privacy and welfare of children very seriously in custody matters. While custody disputes are often complex and emotionally charged, the court ensures that the child’s privacy is upheld through closed hearings, the use of pseudonyms, psychological evaluations, and the appointment of a guardian ad litem. These measures protect the child from unnecessary emotional distress, safeguard sensitive information, and help ensure that the child’s well-being is the primary focus of the legal proceedings. Ensuring privacy in these cases is essential to maintaining the dignity and emotional security of the child involved.
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