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Law Commission mulls shared parenting, joint custody
New Delhi: India, where the idea of shared parenting is still new to custody jurisprudence, is moving one step ahead on the lines of developed countries to give parental right to both the parents in case of separation.
The Law Commission of India has sought views on joint custody of children and shared parenting as it has begun a serious exercise to amend two existing legislations.
The two laws — the Guardians and Wards Act of 1890 and the Hindu Minority and Guardianship Act of 1956 — now decide the custody of children in divorce cases.
Quoting a recent judgment of a two-judge bench of the Karnataka High Court, the commission said both the parents are entitled to get custody “for the sustainable growth of the minor child”.
The high court said the joint custody, according to a consultation paper dated Nov 10 posted on the Law Commission website, observed the minor child was directed to be with the father from Jan 1 to June 30 and with the mother from July 1 to Dec 31 every year.
The parents were directed to share equally, the education and other expenditures of the child, it said.
“The six-monthly arrangement found in this example is much more workable than the weekly arrangement and is likely to cause less instability and inconvenience to the child,” said the paper on shared parenting.
It has been held by the Supreme Court that in custody disputes, the concern for best interest of the child supersedes even statutory provisions, said the paper.
Under this principle, the custody of minor children is mostly awarded to mothers. For instance, in a 2010 judgment, the Supreme Court altered the fortnightly visitation rights of the father and allowed the mother to take the minor son to Australia where she had got a job, based on this principle.
There are plenty of such examples from both the Supreme Court and the
, it said.
In the US, there are generally two forms of joint custody — joint legal custody and joint physical custody.
Joint legal custody “means both parents have equal rights and responsibilities for major decisions concerning the child, including the child’s education, health care….”
Joint physical custody “means that physical custody is shared by the parents in such a way as to assure the child of substantially equal time and contact with both parents”.
In the Netherlands, there has been an increasing trend towards shared parentage.
In 1996, the Dutch parliament passed a law mandating that joint legal custody be the presumed standard for post-divorce parenting.
Hailing the decision of the Commission to invite suggestions, president of Bangalore-based Child Rights Initiative for Shared Parenting (CRISP) Kumar V. Jahgirdar told IANS there is need for changes in the existing laws on child custody.
“The Supreme Court recently held that there should not be automatic presumption that mother alone is preferred to retain custody and such generalisation is not in the welfare of the child,” he said.
“We suggest that the family court judges have to be trained so that they can decide on the importance of shared parenting as a necessary option when both the parents are in position to take care and live in the same city,” Jahgirdar added.
Family counsellor Savio Periara said studies showed a sharp drop in divorce rates in those countries where the shared parenting has been made mandatory.
CRISP says more than 25,000 divorce cases are pending in family courts in Bangalore alone.
International online casino Casino Days has published a report sharing their internal data on what types and brands of devices are used to play on the platform by users from the South Asian region.
Such aggregate data analyses allow the operator to optimise their website for the brands and models of devices people are actually using.
The insights gained through the research also help Casino Days tailor their services based on the better understanding of their clients and their needs.
Desktops and Tablets Lose the Battle vs Mobile
The primary data samples analysed by Casino Days reveal that mobile connections dominate the market in South Asia and are responsible for a whopping 96.6% of gaming sessions, while computers and tablets have negligible shares of 2.9% and 0.5% respectively.
The authors of the study point out that historically, playing online casino was exclusively done on computers, and attribute thе major shift to mobile that has unfolded over time to the wide spread of cheaper smartphones and mobile data plans in South Asia.
“Some of the reasons behind this massive difference in device type are affordability, technical advantages, as well as cheaper and more obtainable internet plans for mobiles than those for computers,” the researchers comment.
Xiaomi and Vivo Outperform Samsung, Apple Way Down in Rankings
Chinese brands Xiaomi and Vivo were used by 21.9% and 20.79% of Casino Days players from South Asia respectively, and together with the positioned in third place with a 18.1% share South Korean brand Samsung dominate the market among real money gamers in the region.
Cupertino, California-based Apple is way down in seventh with a user share of just 2.29%, overshadowed by Chinese brands Realme (11.43%), OPPO (11.23%), and OnePlus (4.07%).
Huawei is at the very bottom of the chart with a tiny share just below the single percent mark, trailing behind mobile devices by Motorola, Google, and Infinix.
The data on actual phone usage provided by Casino Days, even though limited to the gaming parts of the population of South Asia, paints a different picture from global statistics on smartphone shipments by vendors.
Apple and Samsung have been sharing the worldwide lead for over a decade, while current regional leader Xiaomi secured their third position globally just a couple of years ago.
Striking Android Dominance among South Asian Real Money Gaming Communities
The shifted market share patterns of the world’s top smartphone brands in South Asia observed by the Casino Days research paper reveal a striking dominance of Android devices at the expense of iOS-powered phones.
On the global level, Android enjoys a comfortable lead with a sizable 68.79% share which grows to nearly 79% when we look at the whole continent of Asia. The data on South Asian real money gaming communities suggests that Android’s dominance grows even higher and is north of the 90% mark.
Among the major factors behind these figures, the authors of the study point to the relative affordability of and greater availability of Android devices in the region, especially when manufactured locally in countries like India and Vietnam.
“And, with influencers and tech reviews putting emphasis on Android devices, the choice of mobile phone brand and OS becomes easy; Android has a much wider range of products and caters to the Asian online casino market in ways that Apple can’t due to technical limitations,” the researchers add.
The far better integration achieved by Google Pay compared to its counterpart Apple Pay has also played a crucial role in shaping the existing smartphone market trends.
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