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India’s Need for International Parental Child Abduction and Cruelty Laws


Author: Divyansh Jain

Designation: Law student, Symbiosis Law School, Hyderabad.

Contact: +91-77370*****

Email ID: Divyansh.jain@student.slsh.edu.in


A Study on The Protection of Children (Inter-country Removal and Retention) Bill, 2016

INTRODUCTION


The rules and procedure complied by the Law Commission lays down the return of child and paves a way for the Central authority to restore custody of the child. This research work will be helpful for our Country to understand and sign the Hague Convention, for the law and our society. Moreover, the 263rd report is in the view to gain constitution for the Central Authority. This research work focuses on the ‘263rd Law Commission Report on Child Protection’. The Research broadly benefits the children facing cruelty and harm due to abduction.

The need of this particular report is to benefit the child. It enhances the working of Central Authorities which is discussed in this research paper. There has been emphasis given on protecting child from Abduction which will further be beneficial for the children in reintegration in a place where he/she feels safe, be it residence or custody in favor of the child. It further helps those who have been removed unjustly or retained in India forcefully whose age is not even 16 or nearby.


The “WCD” is the platform for women and children and with the help of the central authorities the committee of “WCD” can help in adopting Hague convention, 1980 in order to benefit children in solving the issues which are dealt in this research article.

The Law Commission of India presented its 263rd report on “The Protection of Children (Inter-Country Removal and Retention) Bill, 2016” to Law Minister Shri Ravi Shankar Prasad which was addressed by Dr Justice B.S Chauhan.


It is appropriate to record that the Hon'ble High Court of P & H in case judgment of Seema Kapoor versus Deepak Kapoor had before brought the issue into keen perception of “The Law Commission” of India so as to inspect different problems faced regarding with inter-parental child removal and later creation changes to the law which will be reasonable for marking “The Hague Convention, 1980” on Child Abduction.


After legitimate examination and adjusting the advantages and disadvantages, “The Law Commission” analyzed this problem and found that these issues have just been managed under the 218th report named “Need to accede to The Hague Convention on the Civil Aspects of International Child Abduction (1980)” which showed effect in the month of December, 1983. While analyzing such problems and issues, “The Law Commission” here significantly noticed that the Indian Government has arranged a draft on the “Civil Aspects of International Child Abduction Bill, 2016”. “The 263rd report by the Law Commission” talked about the resolution with respect to the previously mentioned charge that the Hague Convention, 1980 will be fit keeping in see the practices and authoritative points of reference.


The Law Commission anticipated Indian Judgments like Laxmi Kant Pandey vs. Union of India, Dr. Ravi Chandran vs. U O I and Surya Vadanan vs. State of Tamil Nadu. “The Law Commission through these case laws highlighted the principle of comity of courts” and also condemn the practice of “forum shopping”.

The issue of Domestic violence that had a serious impact on the children was also dealt in this report. It further recommended that the court shall take into consideration whether “repatriation of children” can cause mental destruction to the child and legal downfall to the mother or not. The Law Commission further differentiated two vide topics that are “Child Abduction and Inter-Country removal of Children by parents”.


The need to adopt domestic laws regarding Child safety is must. The government shall always support the Bill which is in favor of children, at times being partial with some of the laws which are in favor with the child safety shall be considered by our government. The Hague Convention, 1980 procedures can help our country to adopt a system where safety of the child is not hindered. The 263rd report can be a solution and the bill shall come into effect as soon as possible.




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#Childabuse

#ChildRights

#IntercountryRemovalofChildren

#ChildSafety

#ChildCustody

#HagueConvention

#LawCommissionofIndia

#ChildAbductionBill2016

#IndianLegislation


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