ABSTRACT Children whose parents undergo separation often experience significant emotional, social and legal consequences, yet their perspectives and well‐being are frequently sidelined in law and policy. In India, marriage and divorce are regulated through diverse religious personal laws as well as a secular legislation. This article critically reviews the treatment of children within India's divorce laws, focusing on how they conceptualize children's rights, welfare and participation. Using qualitative document analysis and a thematic approach informed by the new sociology of childhood, the study examines the laws governing marital separation in India. The analysis shows that while these laws consistently invoke the principle of the child's welfare and provide some child‐friendly procedures, they largely reduce children's legal presence to questions of custody, legitimacy and property. Children born within marriage are privileged over others, and children's voices in custody decisions remain limited and discretionary. The findings suggest that Indian divorce laws reflect a paternalistic view of children, positioning them as dependents rather than as rights‐bearing individuals. By highlighting these gaps, the article contributes to broader debates on children's rights in the context of parental separation and underscores the need for reforms that recognize children as active participants in legal processes affecting their lives.
Jain et al. (Wed,) studied this question.