The IUP Journal of Law Review
The Concept of 'In The Best Interest of Child': The Legal Position in India

Article Details
Pub. Date : July, 2020
Product Name : The IUP Journal of Law Review
Product Type : Article
Product Code : IJLR072020
Author Name : Vijayalakshmi Subramaniam and S Manjula
Availability : YES
Subject/Domain : Arts & Humanities
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No. of Pages : 10

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Abstract

The UN concept 'in the best interest of child' has gained momentum globally. The international institutions have started giving priority to this idea to create a world free from violence for children. The UN Agenda 2030 and Sustainable Development Goals are aiming at safety and security of children worldwide to ensure the holistic development of children. The Office of the High Commissioner of Human Rights (OHCHR) is closely following the evolving concept 'in the best interest of child' for the welfare of the children through Convention of the Rights of the Child, 1989, which has been ratified by many countries including India. This convention is very particular that a child has to be safe inside its family, and if the family gets divided or separated unfortunately, the convention places an obligation on the parents and the state to prioritize the interest of the child for its holistic development. This paper focuses on the statutory provisions which accommodate 'the best interest of child' concept.


Indian Society: Introduction

Family law is based on various types of families which has been evolved over ages in different regions, religions and cultures. The ultimate purpose of a family is to take it to the next generation safely in the future. The children are the next generation and it is one of the concepts of UN under Sustainable Development Goals. The aim of the UN regarding children is that they have to be brought up in an environment free from violence, abuse, harassment and exploitation. The UN Agenda 2030 wanted every child to be protected from poverty and vulnerable situations-which includes the migrant children, disabled, refugees, child prostitutes, child labor and all the children in the world-and to grow up in a prosperous state for the sustainable development. The concept 'in the best interest of a child' aims at holistic inclusive development of all children which is even addressed in Agenda 2030.1 Through the agenda, an obligation


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