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 language | English |
|---|---|
| Title of host publication | Redefining family law in India |
| Subtitle of host publication | essays in honour of B. Sivaramayya |
| Editors | Archana Parashar, Amita Dhanda |
| Place of Publication | London |
| Publisher | Routledge, Taylor and Francis Group |
| Pages | 111-140 |
| ISBN (Print) | 0415449065 |
| Publication status | Published - 2008 |