Research Proposal: Recognition and Remediation of Parental Alienation in Indian Custody Disputes

Description / Abstract

This research proposal examines the escalating crisis of parental alienation in Indian custody disputes, a phenomenon where one parent psychologically manipulates a child to reject the other without justification. The study critically addresses the question: How can Indian courts recognize and remedy parental alienation? Through a multidisciplinary approach that integrates doctrinal legal analysis, comparative jurisprudence, and psychological research, the paper identifies systemic failures in diagnosis and enforcement within India’s welfare-centric family law framework.

The proposal argues that the absence of standardized recognition protocols and enforceable remedies perpetuates emotional abuse and long-term developmental harm to children. It highlights judicial trends, evidentiary challenges, and procedural gaps, while drawing parallels with international models from jurisdictions such as the United States, Canada, and New Zealand.

An integrated reform model is proposed, featuring:

1. A standardized recognition protocol with multidisciplinary input

2. Mandatory parenting plans and pre-divorce mediation

3. Robust enforcement mechanisms, including cost penalties and dedicated enforcement officers

4. Specialized tribunals and fast-track proceedings for alienation cases

This work aims to shift parental alienation from a peripheral concern to a central factor in custody adjudication, equipping courts to protect children’s right to meaningful relationships with both parents and transforming the “welfare of the child” principle from judicial abstraction into enforceable reality.

Keywords

Parental Alienation, Child Custody, Indian Family Law, Guardians and Wards Act, Welfare of the Child, Enforcement Mechanisms, Judicial Reform, Family Courts, Child Psychology, Visitation Rights