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Supreme Court: Child Assessments Must Minimize Intrusion
11 Jun
Summary
- Psychological assessments for children in custody cases require 'minimum intrusion'.
- Child's well-being, dignity, and emotional security are paramount.
- Routine psychological evaluations for child victims should be avoided.
The Supreme Court established critical guidelines on Thursday, June 11, 2026, mandating that psychological assessments of children in custody disputes must be conducted with "minimum intrusion" and only when absolutely necessary. This ruling is particularly significant for cases where a child is an alleged victim of sexual abuse, as highlighted by the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).
The court stressed that the welfare, emotional security, dignity, and psychological well-being of the child must be the paramount consideration in all proceedings. It cautioned Family Courts against routinely directing psychological evaluations, emphasizing the potential for secondary victimisation and aggravation of trauma for child victims.
Instead of immediate child assessments, the court suggested evaluating parents' mental conditions first. Any necessary child evaluation should be conducted by a single, independent child psychologist with minimal interaction. The Supreme Court also directed courts to monitor for parental alienation and false memory creation, while regulating the number of sessions to avoid re-traumatisation and maintaining strict confidentiality of all records.
