Child assessments must be done in custody cases with ‘minimum intrusion’: SC, Pg14

Key Highlights:

• On Thursday, June 11, 2026, the Supreme Court ruled that psychological assessments of children in custody disputes, especially those involving alleged sexual abuse, must be conducted only when necessary and with "minimum intrusion".
• A Division Bench of Justices Sanjay Karol and N.K. Singh emphasized that such evaluations should not be routine.
• The ruling came in an appeal by the mother of a 10-year-old child against a Bombay High Court order for a panel of experts to assess the child.
• The Supreme Court directed Family Courts to first assess the mental and psychological condition of both parents before considering a child's assessment.
• If a child's assessment is deemed necessary, it must be done by a single independent child psychologist with minimal interaction to avoid disturbing the child.

Detailed Insights:

• The Supreme Court's directive aims to balance a parent's right to reconnect with their child against the need to protect a child, particularly an alleged victim of sexual abuse, from further trauma.
• The Court highlighted that the Protection of Children from Sexual Offences (POCSO) Act, 2012, emphasizes safeguarding children from emotional harm, humiliation, or secondary victimization during legal processes.
• The guidelines stress that psychological evaluations of children should not be ordered routinely merely because custody or visitation issues arise between parents.
• Before directing any child evaluation, courts must record specific reasons demonstrating its necessity, purpose, relevance, and why less intrusive alternatives are insufficient.
• The evaluative process must remain child-centric and welfare-oriented, avoiding repeated or multi-layered assessments unless compelling circumstances are recorded.
• Courts must also be cognizant of the possibility of re-traumatization from repeated narration of traumatic events and regulate the number and duration of interactions.
• The ruling underscores that the welfare, emotional security, dignity, and psychological well-being of the child must be the paramount consideration in all proceedings.

Key Concepts Involved:

• Child Custody Disputes: Legal proceedings determining the guardianship and care arrangements for a child following parental separation or divorce.
• Psychological Assessment: Evaluation of an individual's mental, emotional, and behavioral state, often conducted by qualified professionals.
• Protection of Children from Sexual Offences (POCSO) Act, 2012: A comprehensive Indian law enacted to protect children under 18 years from sexual assault, harassment, and pornography, ensuring child-friendly legal procedures.
• Secondary Victimization: Further harm or mistreatment experienced by a victim, not directly from the original crime, but due to insensitive or inappropriate responses from institutions or individuals during the aftermath.