Comments invited on concept note on issues related to civil aspects of International Child Removal 

The concept note on issues related to civil aspects of International Child Removal has been uploaded on the website of the Ministry of Women & Child Development for comments and suggestions. The Ministry of Women & Child Development had organized a National Consultation on the Hague Convention in February, 2017 to deliberate upon the matter. A multi-member committee was constituted under the Chairmanship of Hon’ble Justice Rajesh Bindal, Judge Punjab and Haryana High Court to study all aspects of the matter in detail and make its recommendation. The concept note has been framed by this committee and can be accessed at the following link: http://wcd.nic.in/sites/default/files/MEENAXEE%20RAJ%20HAGUE_0.pdf

With the rise in trans-national marriages and complexities involved in modern day relationships, the protection of rights of parents and children involved is a critical issue of National and International importance. The High Court of Punjab & Haryana in the matter of Seema Kapoor v. Deepak Kapoor referred the matter to the Law Commission of India to examine multiple issues involved in inter-country, inter-parental child removal amongst the families and thereafter to consider whether recommendations should be made for enacting a suitable law for signing the Hague Convention on Child abduction. The Law Commission observed that the Ministry of Women & Child Development, Government of India has already prepared a draft “Civil Aspects of the International Child Abduction Bill-2016”. The matter was again referred to the Law Commission which advised the government vide its 263rd report , that the matter requires reconsideration, keeping in view the legislative precedents and practices followed in the drafting of Bills and to suitably harmonize its provisions with the Hague Convention 1980.

Thereafter, the WCD Ministry organized a National Consultation on Hague Convention at New Delhi and a committee was constituted which is now studying and analyzing the various civil aspects of International Child Removal. The comments and suggestions are being invited as a part of the process.

Ministry of Women and Child Development

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