India not yet ready to sign the Hague treaty

Note4students

Mains Paper 2: Governance | Government policies & interventions for development in various sectors & issues arising out of their design & implementation

From UPSC perspective, the following things are important:

Prelims level: Hague treaty on the inter-country abduction of children, National Commission for Protection of Children

Mains level: Changing pattern of society leading to failed marriages and its impact on children


News

Hague treaty on the inter-country abduction of children

  1. The government is not yet ready to sign the Hague treaty on the inter-country abduction of children by parents fleeing a bad marriage
  2. The government has long held the view that the decision could lead to harassment of women escaping marital discord or domestic violence
  3. There has been immense pressure from the U.S. on the government to sign the treaty

Special committee says no to legislation

  1. A committee constituted by the Centre to examine legal issues involved in international parental abduction submitted its report in April, opposing a central provision of the Hague Convention
  2. It said that the criterion of habitual residence of the child, which is used to determine whether the child was wrongfully removed by a parent as well as to seek the return of the child to the country of habitual residence, was not in the best interest of the child
  3. It also recommended setting up of a Child Removal Disputes Resolution Authority to act as a nodal body to decide on the custody of the child as well as a model law to deal with such disputes
  4. The government is contemplating assigning the National Commission for Protection of Children the responsibility to adjudicate on such cases along with a judicial expert

Back2Basics

Hague treaty on the inter-country abduction of children

  1. The Hague Convention on the Civil Aspects of International Child Abduction or Hague Abduction Convention is a multilateral treaty developed by the Hague Conference on Private International Law (HCCH) that provides an expeditious method to return a child internationally abducted by a parent from one member country to another
  2. The Convention was drafted to ensure the prompt return of children who have been abducted from their country of habitual residence or wrongfully retained in a contracting state not their country of habitual residence
  3. The primary intention of the Convention is to preserve whatever status quo child custody arrangement existed immediately before an alleged wrongful removal or retention thereby deterring a parent from crossing international boundaries in search of a more sympathetic court
  4. The Convention applies only to children under the age of 16
  5. The Convention does not alter any substantive rights
  6. The Convention requires that a court in which a Hague Convention action is filed should not consider the merits of any underlying child custody dispute, but should determine only that country in which those issues should be heard
Child Rights – POSCO, Child Labour Laws, NAPC, etc.
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