What are the recommendations of the 21st Law Commission? |
---|
![]() |
In its very first report, the 21st Law Commission of India (LCI) recommended a series of changes in the proposed draft law – “Civil Aspects of International Child Abduction Bill 2016” - by the Women and Child Development (WCD) Ministry.
Salient features of the new LCI Bill
Exceptions provided for the return of the child
|
Why is a law on child abduction necessary? |
---|
![]() |
|
When did the Law Commission take up this issue? |
---|
![]() |
As per Section 362 of the Indian Penal Code, 1860, “Abduction” is defined as an act compelling or taking away a person by deceitful means inducing him to go from any place.
|
Where are the legal precedents for this issue? |
---|
![]() |
Surya Vadanan v/s State of Tamil Nadu (2015) is the watershed verdict of the apex court in this matter. As part of this judgment, the apex court succinctly reiterated all principles that the Courts have applied over the course of years to judge cases of international parental abduction.
Summary of all judgments
|
Who all are signatories of the Hague Convention? |
---|
![]() |
It was concluded on 25 October 1980 and it entered into force between the signatories on 1 December 1983. As of March 2016, 94 states are party to the convention.
Objectives All the objectives of this Convention are based on the idea of – “the best interest of the child”.
|
How challenging is it to settle child abduction disputes in India? |
---|
![]() |
As of now, the Indian Government and its court system believe that once the child is in India, it is their obligation to decide on such a case. Almost in every such case, the abducting parent wins a favourable verdict, let alone the lengthy, exhausting, costly, career affecting legal process that both the parents have to undergo.
Systemic lacunae
|