Based on the suggestions given by a high-level panel examining a draft law on civil aspects of child abduction bill, an NRI women must be conferred with the rights to deny the return of her child to her spouse after separation that has been made on the grounds of domestic violence.
Objective:
The objective behind introducing the option is to provide adequate safeguards to protect NRI parents, especially women, who remove a child from the lawful custody of their spouse, as per the sources in the committee.
Hague Convention:
It is said, only after a domestic law coming in force, India can become a signatory to the Hague convention on civil aspects of international child abduction
Inter-parental child abduction will be considered a punishable after India becoming a signatory to the treaty.
The offence will be punishable with one-year term of jail.
The Justice panel led by Rajesh Bindal is of the view that in draft law, domestic violence should be made a ground for denying the return of child to the lawful custody of their spouse from whom they have been separated.
“Many countries, who are signatory to the treaty, have this clause in their domestic law. If it is confirmed by the woman that she faces a risk of domestic violence, the government has the power to stop the child from being sent back. We are seeing if this can be part of our domestic law also,” stated by a panel member on the condition of anonymity.
