Tender Years Doctrine

Tender Years Doctrine Latest News

The Delhi High Court recently held that the welfare and best interests of minor children must prevail over the application of the Tender Years Doctrine.

About Tender Years Doctrine

• It is a prominent common law principle in family law and custody jurisprudence. 
• It presumes that children of “tender age” (generally under 5 years) should remain with their mother unless she is proven unfit. 
• The doctrine rests on several presumptions:
  • Biological Bond: Infants have a natural attachment to mothers.
  • Nurturing Instinct: Mothers are presumed better caregivers for young children.
  • Developmental Needs: Early childhood requires maternal involvement.
  • Emotional Security: Mother’s presence provides psychological stability.
• It has been in existence since the latter part of the 19th century.
• The tender years doctrine is often raised in divorce proceedings.
• However, its relevance has declined due to evolving views on gender equality and parenting roles. 
• Recent Delhi High Court Ruling:
  • It held that the best interests and welfare of minor children are paramount and must override the application of the Tender Years Doctrine.
  • The court also held that custody disputes must be resolved based on a comprehensive evaluation of the child’s overall well-being rather than stereotypical assumptions regarding parental roles.

Source: VERD

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