Abstract

Parental Alienation Syndrome or PAS made its first appearance as a concept in America, in 1987 when it was studied in detail by Dr. Richard Gardener. With the increasing number of divorces and bitter custody battles in India, this problem, hitherto swept under the carpet, looms large as a serious threat. This article attempts to define the contours of the concept, the problem it presents and argues that it is high time for us to recognize the problem and take corrective steps in the interests of the child. As is the case with most crises, acknowledgment is the first step to corrective action. It is heartening to note that the Supreme Court of India has at long last acknowledged the existence of the problem in the recent case of Vivek Singh v. Romani Singh. This is but the first step. Children are the focal point of any matrimonial dispute involving them. The attempt by one parent to literally “hijack” the child to his or her side does not augur well for either the child or the parent. PA or PAS with its many ill-effects needs urgent attention and corrective action in the interests of all concerned and the judiciary recognizing it is a milestone of sorts that will go a long way to ameliorate the wounded and damaged psyche of the child. The author argues that the legal system has to proactively deal with this menace in the interests of the child and the country’s future itself. Recommendations as to how to deal with PAS have been set forth in this article which ought to be taken note of by parents and other stakeholders urgently.

Authors and Affiliations