Chanakya National Law University

Rough Draft of
Synopsis
titled
Marital Violence"

SUBMITTED TO prof. vIJAYANT SINHA

SUBMITTED BY ARPAN KAMAL
ROLL NO. 533
5th YEAR 10th SEMESTER
date of submission: 16. 02. 2016

" POSITION OF INDIA ON INTERPARENTAL CHILD CUSTODY "

Research Methodology
For the purpose of research the researcher has relied on secondary sources to look for
information relating to POSITION OF INDIA ON INTERPARENTAL CHILD
CUSTODY". The researcher has done this keeping in mind the frequently asked questions
arising out of this topic. The researcher has aimed in doctrinal method of research to highlight
the jurisprudential aspects of marital violence and will try to critically analyse and provide an
un-biased account on this topic.

Aims and Objectives

The researchers prime objective is to present a detailed study of " POSITION OF
INDIA ON INTERPARENTAL CHILD CUSTODY ", through articles, affirmations,
decisions and suggestions. It aims to descriptively provide a critical overview of the topics
arising. The main goal of this research is to understand the legal position in the ancient period
and also to know about evolution of laws with changing spectra of society. The researcher is
going to limit its scope to the initiatives such as formulations of treaties, conventions, legal
entities and judicial pronouncements which paved the way for the development of the topic
discussed.

Sources of Data:
The following secondary sources of data have been used in the project

BOOKS
MAGAZINES

WEBSITES

ARTICLES

TENTATIVE CHAPTERIZATION
ARPAN KAMAL / CHANAKYA NATIONAL LAW UNIVERSITY

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" POSITION OF INDIA ON INTERPARENTAL CHILD CUSTODY "

1. INTRODUCTION
1946: Commission on the status of women
1975: First world conference on women in Mexico City, Mexico
1979: Convention on the elimination of all forms of discrimination against

women
1990: UN Resolution
1992: General Recommendation Number 19
1980: Second world conference on women, Copenhagen
1985: Third world conference on women, Nairobi
1993: World conference on human rights, Vienna
1993: The declaration on the Elimination of violence against women
1995: Beijing Declaration and Platform for Action
Indias obligations under International Human Rights Treaties
Ratification of India to CEDAW- Special Ramification

2. CHILD AND CHILD REMOVAL

The concept of sexual abuse verses marital rape immunity in India
The concept of relationship in the nature of marriage versus Rule of

monogamy
Concept under Constitutional framework
Civil law responses on Marital Violence
Marital Violence under the Law of Torts
Marital Violence under the Family Courts Act, 1984
Cruelty as a matrimonial offence
Special criminal law responses in the context of Marital Violence

3. GLOBAL SOLUTIONS
The severe emotional or physical harm or the threat which is experienced by

the victim
A continuum of violence experienced by the victim rather than a single

incident
Violence which being committed predominately by men against women within

an intimate relationship
Vulnerability of women
The failure of the state to help the victims

4. REMOVAL OR RETENTION
The Greek philosophy
The Natural Law thinking
The Social Contract thinking
The Utilitarian thinking
The Common Law thinking
The Feminist theories

ARPAN KAMAL / CHANAKYA NATIONAL LAW UNIVERSITY

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" POSITION OF INDIA ON INTERPARENTAL CHILD CUSTODY "

Ideological perceptions on women in marital relations in India

5. EXCUSABLE REMOVAL OR RETENTION

Implication of dowry death as a form of marital violence
Cruelty by husband or his relatives for dowry as a form of marital violence
The Child Marriage Restraint Act, 1929
Prohibition of sex selection Act, 1994
Maintenance Laws
Laws relating to custody of children
National Policy for the Empowerment of Women (2001)
6. ACCESS
7. INDIA AND HAGUE CONVENTION ON CIVIL ASPECTS OF INTERNATIONAL
CHILD ABDUCTION, 1980
8. INDIAN LAW ON CHILD CUSTODY
9. RELEVANT LEGISLATION AND FORUM FOR CUSTODY PROCEEDINGS
10. VALUE ATTACHED BY THE COURT TO THE WISHES OF THE CHILD
11. POSITION ON FOREIGN LAW
12. CASE LAWS
13. CONCLUSION
14. BIBLIOGRAPHY

ARPAN KAMAL / CHANAKYA NATIONAL LAW UNIVERSITY

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