New Delhi: The Supreme Court has ruled that psychological or psychiatric evaluations of child victims should not be ordered as a routine measure in custody, visitation, or parental access disputes, stressing that such assessments must be conducted only when absolutely necessary and in the best interests of the child.
A bench comprising Justices Sanjay Karol and N. Kotiswar Singh issued a set of guidelines aimed at ensuring that children involved in family disputes are protected from unnecessary psychological interventions that could cause further emotional distress. The court observed that assessments should not be directed merely because parents or relatives are engaged in litigation over custody or visitation rights.
The apex court said that before ordering any psychological evaluation, courts must record specific reasons explaining why such an assessment is necessary, what purpose it serves, and why less intrusive alternatives cannot adequately protect the child’s welfare.
Emphasising the principle of “minimum intrusion and minimum exposure,” the court directed that repeated or overlapping psychological evaluations should generally be avoided unless compelling circumstances exist. It also warned against the risk of re-traumatisation caused by repeatedly asking children to recount distressing experiences. Courts were advised to regulate the number of sessions, their duration, and the number of professionals interacting with the child.
The Supreme Court further ordered that a child’s identity, therapeutic records, disclosures made during evaluations, and assessment reports must remain strictly confidential. Audio and video recordings or noting down the session matters should not be made accessible to litigating parties unless a court specifically determines that disclosure is necessary.
The guidelines were issued while hearing a case arising from a custody dispute in which the Bombay High Court had ordered the psychological evaluation of a minor child. The Supreme Court modified those directions and remitted the matter to the family court for fresh consideration in line with the new guidelines.
The court also observed that where an assessment of the child is required, it should be conducted by an independent child psychologist in consultation with any psychologist already treating the child, and with minimal interaction to avoid disrupting the child’s mental well-being.
Recognising that a child’s welfare is closely linked to the psychological condition of parents, the bench noted that courts may also seek psychological assessments of both parents. It further advised family courts to remain alert to issues such as parental alienation and false memory creation while ensuring that the child is not exposed to influences that may affect their well-being.
The Supreme Court underscored that judicial processes involving children must remain child-centric, trauma-informed, and focused on safeguarding the welfare and dignity of the child at every stage.
