Dr Kirti Kour
Parental Alienation Syndrome (PAS) is a term used to describe a complex phenomenon where one parent, often inadvertently or intentionally, influences a child to reject or unjustifiably fear the other parent. While the concept of PAS has been widely debated in western world, its impact on families, particularly in the context of custody battles and divorce proceedings, cannot be ignored. In India, where family dynamics and legal frameworks vary widely, understanding PAS and its implications is crucial for safeguarding the well-being of children and promoting healthy family relationships. Although, according to data from the Global Index, which analyses worldwide statistics, India has recorded an impressively low divorce rate of just 1 percent but, off-late major urban areas in India have shown increasing trends in number of divorce cases being filed. The prevalence of PAS in Indian cultures is greatly underestimated and contentious based on the most recent data from the National Crime Records Bureau (NCRB) on 498A cases, which showed that a sizable percentage of 498A charges submitted each year were fraudulent or exaggerated upon investigation. For example, in 2019, data revealed that around 17.4% of the 1,22,877 cases registered under section 498A were fraudulent. Section 498A was enacted in 1983 with the intention of punishing dowry demand and domestic abuse of married women. However, it has become one of the most abused provisions of the Indian Penal Code, to the point where the Supreme Court of India likened it to legal terrorism in Sushil Kumar Sharma vs Union of India and Ors on 19 July, 2005.This implies that a sizable portion of cases involve the legal provision being misused for malicious intent or retaliatory personal gain.
The Dynamics of Parental Alienation Syndrome
PAS typically arises in high-conflict divorce or separation cases, where one parent seeks to undermine the relationship between the child and the other parent. This can manifest through various behaviors, including:
Negative Influence
The alienating parent may speak negatively about the other parent in front of the child, characterizing them as abusive, incompetent, or undeserving of respect and love.
Restricting Contact
It may be difficult for the child to sustain a deep relationship with the other parent if the alienating parent restricts or interferes with their communication.
False Allegations
The targeted parent may occasionally be the object of unfounded accusations of abuse or neglect, which further damages the child’s bond and trust in them.
Manipulation
In order to get the child to support their own interests and viewpoints, the alienating parent may influence/ manipulate the child’s feelings or perceptions, frequently at the expense of the other parent-child bond.
Effects of Parental Alienation Syndrome
The effects of PAS can be profound and long-lasting, impacting both the child and the targeted parent. Some common effects include:
Emotional Distress
As they struggle with conflicting loyalties and emotions of rejection, children who experience parental alienation may suffer from bewilderment, guilt, anxiety, and despair.
Identity Crisis
Because the alienating parent distorts their views of themselves and their family relationships, alienated children may find it difficult to develop a positive sense of identity and self-worth.
Interpersonal Issues
A child with PAS may find it difficult to establish and preserve positive relationships with peers, other family members, and both parents.
Legal Battles
Parental alienation frequently intensifies parent-to-parent legal issues, resulting in protracted custody battles, court appearances, and psychological assessments.
Addressing Parental Alienation Syndrome
Addressing PAS requires a multifaceted approach that involves legal, psychological, and social interventions:
Early Intervention: Restoring healthy parent-child ties and preventing additional harm to the child can be achieved by recognizing and resolving early indications of parental alienation.
Therapeutic Interventions
By offering support, affirmation, and coping mechanisms for dealing with the impacts of PAS, counseling and therapy can be advantageous for both the targeted parent and the child. Further, behavioral and psychological counselling of the instigating parent is also pivotal in order to avoid repeated future manipulations.
Education and Awareness
Destigmatizing the problem and encouraging early discovery and intervention can be achieved by increasing knowledge about PAS among the general public, educators, mental health experts, and legal professionals.
Legal Reforms
Advocating for legal reforms that recognize and address PAS more effectively can help streamline custody proceedings and protect the rights of children and parents in high-conflict separation/divorce cases.
Conclusion
Parental Alienation Syndrome is a complex and often misunderstood phenomenon that can have devastating consequences for families and children. Given the significant variations in family structures and legal frameworks in India, tackling PAS calls for an all-encompassing strategy that puts children’s welfare first and fosters positive parent-child interactions. By raising awareness, promoting early intervention, and advocating for legal reforms, we can work towards mitigating the impact of PAS and fostering positive outcomes for families in transition.
(The author is Lecturer K.C. Law College)
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