PROTECTION OF CHILDREN RIGHTS IN INTERNATIONAL PARENTAL CHILD ABDUCTION

(TIME FOR INDIA TO JOIN HAGUE CONVENTION ON CIVIL ASPECTS TO INTERNATIONAL CHILD ABDUCTION, 1980)

One fine morning husband wakes up to receive greatest shock of his life that his wife had run away from US taking his children to India. After that he is just stuck in jurisdiction battle for 3 yrs because there is no particular law related to such abduction in India. In this battle not only a parent loses his child but a child also loses his rights too.[1]

The increased movement of people across the world for career aspects has not only led to advancement in employment but also a profound influence in marriage prospects. Today married couple not only belongs to different castes but also different countries. When such transnational marriages breakdown, it brings several conflict of laws issue. One such evil born out of transnational marriages breakdown is international parental child abduction and conflict of laws related to it. It is also referred as parental kidnapping as well as child abuse.

International parental child abduction as defined under Hague Convention on Civil Aspects to International Child Abduction [2] means ‘wrongful removal of child by a parent from habitual residence to another country without consent of another parent’. This abduction occurs as children are now becoming object of revenge or a weapon of threat between couples. There is no doubt that child is worst sufferer in international parental abduction. Such abduction causes psychological as well as emotional trauma to children. They often develop a feeling of hatred towards left behind parent.

The Hague Convention on Civil Aspects of International Parental Child Abduction came into force on 1^st Dec 1983 after an increasing number of parental child kidnapping all over world. The hardships that left behind parent had to go due to conflict of laws served path for origin of such convention among countries. The main objective of this convention is to “Deter child abduction and promote cooperation among countries for speedy and prompt return of child to their home country”. It provides a path for rescue of children who were stuck in battle of jurisdiction among the countries to their habitual residence if both countries are signatories to convention. But dilemma lies here, ,till 2018 India is not a signatory to the convention and no doubt situation is worse for people who are stuck in court litigation battle of international child abduction which goes on for several years and affects child rights. Moreover in absence of particular legislation regulating such abduction it is left wisdom of courts. Courts decide on the basis of either ‘best interest of child[3]’ or ‘comity of courts[4]’ principles. Recently Hyderabad High Court has returned child abroad to his homeland looking at the best interest of child but this happens rarely, court litigation affects child as well eat up child rights. There is fragmented law in India with regard to international parental child abduction and thereby affects on child. Moreover law commission also suggested India to join the convention.

This article attempts to remind people about child rights and weigh them over domestic violence victims. Under international parental child abduction there is a breach of child rights such as right to survival and development, right to family which every child has. Thus this study urges India to join Hague Convention as it is consonance with child rights and would also pave the way for return of child to their home land. Therefore India should join convention to protect child rights as well as solution to international parental abduction

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[1] Refer to case no.1 available at (www.498a.org/contents/pressConference/Press%20Conf%20-%20Child%20Abduction%20Case%20Studies.pdf)

[2] Herein , Afterwards referred as Hague convention

[3] Sarita Sharma  v Sushil Sharma

[4] V. Ravi Chandran v. Union of India, (2010) 1 SCC 174;