Paternalistic law, autonomous child and the responsible judges

Research output: Chapter in Book/Report/Conference proceedingChapterpeer-review

Abstract

The article is divided up into three broad sections. The first section reviews the presence of the BIC (Best interests of the child) discourse in the Indian context, and attempts to ascertain why it is problematic. The second section relates to the general critique of the concept, and analyses the development of the trend of replacing judicial discretion with legislative formulae. In the third section an analysis of the nature of the judicial task is undertaken in order to argue that BIC will be served only if the conventions of legal reasoning and interpretation change.
Original languageEnglish
Title of host publicationRedefining family law in India
Subtitle of host publicationessays in honour of B. Sivaramayya
EditorsArchana Parashar, Amita Dhanda
Place of PublicationLondon
PublisherRoutledge, Taylor and Francis Group
Pages111-140
ISBN (Print)0415449065
Publication statusPublished - 2008

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