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The Supreme Court connected Thursday (June 11, 2026) held that intelligence assessments of children should lone beryllium conducted erstwhile indispensable and with “minimum intrusion” into the child’s beingness successful custody disputes, peculiarly successful cases wherever the kid is an alleged unfortunate of intersexual abuse.
The entreaty was filed by the parent of a 10-year-old kid against orders of the Bombay High Court appointing a sheet of experts to measure the kid and facilitate restoration of her narration with her father. The begetter is alleged to person sexually abused the kid erstwhile she was 2 years old.
A Division Bench of Justices Sanjay Karol and N.K. Singh observed that the lawsuit progressive balancing the father’s petition to reconnect with his girl and the request to support the child, who has accused him of intersexual abuse, from immoderate process that could aggravate her trauma.
Referring to the objectives of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), the tribunal noted that the authorities proceeds connected the foundational premise that a kid who has allegedly suffered intersexual maltreatment indispensable not beryllium exposed to processes susceptible of causing further affectional harm, humiliation oregon secondary victimisation.
‘Well-being of kid paramount’
Cautioning Family Courts against routinely directing intelligence evaluations of children, the Supreme Court said the welfare, affectional security, dignity and intelligence well-being of the kid indispensable stay the paramount information successful each proceedings, peculiarly those involving a insignificant kid alleged to beryllium a unfortunate nether the POCSO Act.
Instead of instantly directing an appraisal of the child, the Bench ordered the Family Court to archetypal name a scientist to measure the intelligence and intelligence information of some parents, peculiarly the mother, successful whose custody the kid presently resides. The court-appointed scientist volition past interact with the scientist presently treating the kid and taxable a study to the Family Court.
Based connected these reports, the Family Court volition find whether immoderate further intelligence appraisal of the kid is necessary. If specified an appraisal is required, it indispensable beryllium conducted by a azygous autarkic kid scientist with minimal enactment truthful arsenic not to disturb the child. The Supreme Court further directed periodic reappraisal of the child’s intelligence needs and asked the Family Court to show whether either genitor is influencing the kid done “parental alienation” oregon “false representation creation”, without subjecting the kid to unnecessary interactions.
Elaborating guidelines connected intelligence valuation of children, the apex tribunal held that intelligence oregon psychiatric valuation of a kid unfortunate should not beryllium directed arsenic a substance of routine. If specified an valuation is considered necessary, the tribunal indispensable grounds and explicate the reasons that necessitate it.
The tribunal emphasised that immoderate appraisal indispensable travel the rule of “minimum intrusion” and “minimum exposure”. Repeated, overlapping oregon multi-layered intelligence evaluations of a kid unfortunate should ordinarily beryllium avoided. It encouraged the assistance of 1 independent, neutral and court-appointed kid scientist alternatively than a sheet of experts, unless circumstances necessitate otherwise.
The Bench further clarified that the valuation indispensable beryllium child-centric and welfare-oriented and should not presume the quality of an adversarial, investigative oregon evidence-gathering workout intended to beforehand the lawsuit of either enactment successful pending transgression oregon custody proceedings. The fig of sessions should besides beryllium regulated to debar re-traumatisation of the child.
The apex tribunal underscored the value of maintaining confidentiality of each documents and records connected with the valuation process, including the individuality of the child, disclosures made during evaluation, therapeutic records, league notes and audio-visual recordings. It besides discouraged substitution of an existing qualified therapist, counsellor oregon enactment nonrecreational already assisting the child.
In cases involving virtual oregon hybrid interactions, courts indispensable guarantee privacy, affectional information and state from outer influence. The Supreme Court further held that courts should clasp continuing supervision implicit the valuation process and stay empowered to modify oregon discontinue it if it adversely affects the child’s welfare.
Recognising that children’s circumstances and developmental needs germinate implicit time, the apex tribunal said periodic reappraisal of the child’s needs whitethorn beryllium undertaken whenever required. It besides directed courts to see obtaining intelligence assessments of some parents, noting that parental intelligence wellness tin importantly impact the child’s welfare.
The Bench observed that, fixed the affectional complexity of custody disputes, courts should marque usage of psychologists and kid experts to assistance successful fashioning due orders. At the aforesaid time, it clarified that the eventual determination successful each lawsuit indispensable beryllium exercised connected a case-to-case basis, preferably with the assistance of the treating kid psychologist, counsellor oregon an autarkic expert, arsenic the facts whitethorn warrant.
