Does India Condone International Parental Child Abduction?
India is going global! The opportunities for multi-national marriages or persons of Indian origin adopting new nationalities are on the rise. Children are born overseas and attain foriegn nationality. Some marriages end up on the rocks!! One parent decides to unilaterally abduct or retain the minor child in India against the wishes of the other parent (or sometimes the child). How does the left-behind parent seek redressal?
India is not a signatory to the Hague Convention on International Parental Child Abduction. Indian courts are still very gender biased (towards the mother of course). The judiciary is overloaded with backlog of variety of cases and does not have the time or opportunity to educate itself in the modern lines of thinking regarding children's welfare. I am referring to concepts such as shared parenting, effects of parental alienation syndrome, location issues and so on.
Bulk of the decisions on children so abducted to India result in court battles that languish for years by which time the children would have been "settled" in thier new land, the left-behind parent would have depleted his/her financial resources, flushed his/her career down the toilet and go home empty handed.
Questions: What's the way out? How can the issues of Rights of the Child and Rights of the Parent become part of the Indian political agenda? Should India sign the Hague Convention? Should the Judiciary for family matters and special cases be organized differently than today?

1 Comments:
This is a test Comment
Post a Comment
<< Home