CrPC vs BNPS: The Battle for Custody

Can a biological mother claim custody of her child when the father's rights have been established under the Borah Nagorisho Sankar Sahu (BNPS) verdict? We delve into the intricacies of this question to understand the nuances of custody laws in India.

I recently caught up with Advocate Rohini Kumar, a child rights expert, to gain a deeper understanding of this complex issue. Here's our conversation:

Q: Rohini, let's start with the basics. What's the difference between the Code of Criminal Procedure (CrPC) and the Borah Nagorisho Sankar Sahu (BNPS) verdict in terms of child custody?

A: Under the CrPC, the police have a duty to protect and preserve the rights of minors, including those affected by crime. On the other hand, the BNPS verdict established the right of a biological parent to claim custody of their child, even if the other parent's rights have been recognized.

Q: That's an interesting distinction. Can you walk me through how the BNPS verdict impacts the custody battle between biological parents?

A: In the BNPS case, the Supreme Court held that a biological parent's right to custody cannot be denied merely because the other parent has been granted custody under the Guardian and Wards Act (GWA) or any other law. This means that a biological parent can still claim custody, even if the other parent has already been recognized as the guardian.

Q: What implications does this have for children caught in the middle of these custody battles?

A: The BNPS verdict has significant implications for children, as it recognizes their right to a relationship with both biological parents. This can be particularly important for children who may have been separated from one or both parents due to family disputes or other factors.

Q: Lastly, how do you see this ruling impacting future custody cases in India?

A: The BNPS verdict sets a precedent for courts to consider the rights of biological parents in custody disputes. This can lead to more nuanced and child-centered approaches to custody battles, where the best interests of the child are given paramount consideration.

As we look at the current state of child custody laws in India, the BNPS verdict serves as a reminder of the importance of recognizing the rights of biological parents and the need for more child-centered approaches to custody battles. With the Lok Sabha recently passing the Juvenile Justice (Care and Protection of Children) Amendment Bill, 2022, which seeks to provide more protections for children in conflict with the law, it's clear that the BNPS verdict is just one part of a larger conversation about child rights in India.