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have a heart foundation (member)     21 June 2014


To, vivek.joshi@nic.in,  ashi.kapoor@ nic.in , jyotimathur@yahoo.co.in

The Ministry

Women & Child Development

Sub: Suggestions / Comments on Proposed Juvenile Justice (Care and Protection of Children ) Bill, 2014.

Ref : Child Alienation be Declared as Child Abuse and made a Punishable Offense In Child Custody & Access matters.


Sir / Mam,

We have been informed that your ministery has invited suggestions / proposals on proposed Juvenile Justice (Care and Protection of Children) Bill 2014 as there are Increase in reported incidens of abuse in Institutions, family and communities.


We would like to highlight issues faced by Children and Non-Custodial Parents in the Child Custody & Access Cases at Family Courts / High Courts.

The Non-Custodial Parents who have filed for Child Custody in various courts in hope to get justice so that they are able to spend quality time at home with their children are unfortunately deprived of the same.

We would like to bring your kind attention towards the specific problems faced by non-custodial parents to avail access to their children at courts.

1) Very Limited Access for about 2 hours is granted at children complex of Family Court on 1st & 3rd Saturdays continues for several years.

2) The 2 hours access given at complex room for once in 15 days is very less, frequent access is not encouraged and during the gap of next access, the child is brain washed, tutored and mind is poisoned by the custodial parent. Taking advantage, the custodial parent insists for child’s interview. A tutored or brainwashed child when interviewed gives preferences which are influenced by the custodial parent resulting in loss of relationship between the child and non-custodial parent.

Tutoring & Brainwashing children against a parent is a form of Child Abuse and should be made a punishable offence.

3) After years of tutoring & brainwashing the child, at the final stage the custodial parents often say that “we are willing to give access but the child is refusing to meet the non-custodial parent”. There is a permanent loss of relationship with the non-custodial parent.

4) Access that are denied / deprived are not compensated / substituted.

5) The important festival access, birthdays access, school vacations access are not given in the interim itself. Therefore, a non-custodial parent has to file several access applications wasting valuable time of court. Outside and overnight access at the home of non-custodial parent is not encouraged at the tender age.

6) There is no action taken against the custodial parent for tutoring and brain washing the child. Due to lack of stringent action in such cases the custodial parent is further encouraged to deny and deprive access inspite of court orders.

   Therefore, Custody of the child should be entrusted to the parent who ensures child with love and affection of both parents.

7) Shared Parenting / Joint Custody should be mandatory in the interest and welfare of the child.

   Kindly note that, Alienated children when brought up by single parents often face serious problems in their life such as anger, depression, lack of trust among themselves and others, lack of control in conduct, lower self esteem, clinging and separation anxiety, developing fears and phobias, suicidal tendencies, sleep disorders, educational problems, drug and alcohol addiction, self destructive behaviourobsessive compulsive behaviour, anxiety and panic attacks , damaged s*xual & identity crises, poor peer relationshipsexcessive feelings of guilt, etc.

The above mentioned issues are common at all the family courts ACROSS THE COUNTRY and yet nothing is being done about it.

There are many non-custodial parent losing their children to Alienation every single day.

Children are losing their Right to be loved & cared by able, care giving, and willing to participate non-custodial parent and their family members.

Tutoring & Brainwashing Children in Order to Create Alienation should be declared as a form of Child Abuse & Be made a PUNISHABLE OFFENSE

Thanking You,

have a heart foundation


Note : Kindly email your suggestions & comments to WCD at



ashi.kapoor@ nic.in



 3 Replies

Shantanu Wavhal (Worker)     21 June 2014

ministry ko ye sab maloom nahi ??


Nice letter. I will send them an email too.

stanley (Freedom)     27 June 2014

They are very well aware of whats going on . Even if you approach them the standard response they give is as your matter is under the magistrate they are helpless :-)

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