Centre Rethinks Joining Hague Child Custody Pact

Centre rethinks joining Hague child custody pact

An “inter-ministerial process” is under way to discuss the repercussions of the Hague convention on India.
The government had in November 2016 announced that it would not sign the convention.
The Ministry of Women and Child Development has reservations about the treaty because they believe it could trample on women’s rights.
However, America says India should sign this convention to create a more effective response to deal with abduction cases and prevent inter-country parental child abduction.

Indian scenario:

India’s case-load (regarding IPCA) is second largest in the United States which is followed by Mexico.
At least 90 children from 80 Indian-American families were affected by separating parents and the legal problems involved.
As more and more Indians are studying and working in the U.S, such cases are growing in number and it is necessary to get a better mechanism to deal with this.

Background:

Currently, there is no specific Indian legislation addressing issues related to abduction of children from and into India.
However, Law Commission of India had submitted the 218th Report titled “Need to accede to the Hague Convention on the Civil Aspects of International Child Abduction 1980” on 30th March, 2009.

The Hague Convention on the Civil Aspects of International Child Abduction or Hague Abduction Convention is a multilateral treaty developed by the Hague Conference on Private International Law (HCCH).
It provides an expeditious method to return a child internationally abducted by a parent from one-member country to another.
The Convention was entered into force between the signatories on 1 December 1983.
The Convention was drafted to ensure the prompt return of children who have been abducted from their country of habitual residence or wrongfully retained in a contracting state not their country of habitual residence.
The primary intention of the Convention is to preserve whatever status quo child custody arrangement existed immediately before an alleged wrongful removal or retention thereby deterring a parent from crossing international boundaries in search of a more sympathetic court.
The Convention applies only to children under the age of 16.
94 states are party to the convention. In 2016, Philippines acceded to the convention.

Source:TH & Wiki