In cases of family conflict, especially when separated couples fight over child custody, children often suffer the most. Their voices and wishes are rarely heard, and they silently endure emotional pain. A public interest petition has now asked the court to ensure that children in such disputes are given independent lawyers to help them present their views clearly.
Responding to this petition, the Maharashtra State Legal Services Authority (Mhalsa) explained that a national plan to provide legal help to children began in September 2024. As part of this plan, legal service centers for children were set up in every district by November, and training was given to their members. Officers also ran awareness programs in schools, colleges, villages, and other places. However, family courts have not yet requested legal help for children from these centers.
Meanwhile, the Women and Child Development Department told the court that a government order from May 2015 allows families or guardians to choose a lawyer for the child. If they cannot afford one, the Legal Services Authority is supposed to provide a lawyer for free.
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Advocate Shraddha Dalvi, the petitioner, has asked that clear guidelines be created under the Child Legal Aid Initiative—not just for POCSO cases, but also for child custody issues in family disputes. She wants lawyers to be officially appointed through the Legal Services Authority Act so that children can get free legal support.
Dalvi stressed that children are often ignored in such legal matters and suffer the most, especially in cases of abuse by family members. With more than 2 lakh matrimonial disputes filed across the country each year and over 10,000 in Mumbai alone children are frequently exposed to emotional distress. Appointing a lawyer for them can ensure their opinions are heard and help guide them through the process in a fair and balanced way.
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