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On June 22, 2016, the Ministry of Women and Child Development (MWCD) uploaded on its website a proposal to enact a draft of the Civil (1) of International Child Abduction Bill, 2016. This was considered as it was imperative to have an enabling legislation in India before (2) to the Hague Convention. The proposed Bill, to be renamed as the Civil Aspects of International Child Abduction Bill, 2016, was placed on the Ministry’s website for comments till July 13. Hopefully now, a final (3) may find Parliament’s approval to become a codified law.
The proposed Bill considers the removal to or the retention of a child in India to be wrongful if it is in breach of rights of custody attributed to a person, an institution, or any other body, either jointly or alone, at a place where the child was habitually resident immediately before the removal or (4) . It further stipulates that the removal to or the retention in India of a child is to be considered wrongful where at the time of removal or retention those rights were actually exercised, either jointly or alone, by a person, an institution or any other body, or would have been so exercised, but for the removal or retention.
The draft Bill was prepared following a reference made by the Punjab and Haryana High Court to the Law Commission of India to consider whether recommendations should be made for (5) a suitable law and for signing the Hague Convention. The High Court had made this reference when a minor child remained untraceable after she was removed from the de jure custody of the court and taken abroad by misusing an interim order of 2006. The court had observed in its order that for want of the Indian government (6) to the Hague Convention or enacting a domestic law, children would continue to be spirited away from and to India, with courts and authorities “standing by in despair”.
It is important in this context to look at the watershed verdict of the Supreme Court in Surya Vadanan v. State of Tamil Nadu (2015). The court ruled that: one, the principle of Comity of Courts and nations must be respected and the best interest of the child should apply; two, the principle of “first strike”, namely, whichever court is seized of the matter first, ought to have prerogative of jurisdiction in (7) the welfare of the child; three, the rule of Comity of Courts should not be jettisoned except for compelling special reasons to be recorded in writing by a domestic court; four, interlocutory orders of foreign courts of competent jurisdiction regarding child custody must be respected by domestic courts; five, an (8) or summary enquiry by local courts when there is a pre-existing order of a competent foreign court must be based on reasons and not ordered as routine when a local court is seized of a child custody litigation; six, the nature and effect of a foreign court order, reasons for repatriation, moral, physical, social, cultural or psychological harm to the child, harm to the parent in the foreign country, and (9) in moving a concerned foreign court must be considered before ordering return of a child to a foreign court.
The above decision set at rest a string of precedents laid down by courts from time to time to evolve a consistent approach in multi-jurisdictional child custody disputes. However, law still needs to be codified. India’s accession to the Hague Convention would resolve the issue since it is based on the principle of reverting the situation to status quo ante. It is also based on the principle that the removed child ought to be promptly returned to his or her country of habitual residence to enable a court of that country to examine the merits of the custody dispute and thereupon award care and control in the child’s best interest. This is because the courts of the country where the child had permanent or habitual residence are considered to best (10) the child’s interest.
- 1) abysmal
2) aspects
3) concepts
4) accepts
5) interceptsAnswer – 2)
Explanation : Aspects - 1) mighty
2) departure
3) accession
4) perception
5) assumptionAnswer – 3)
Explanation : accession - 1) decision
2) verification
3) verdict
4) version
5) analysisAnswer – 4)
Explanation : version - 1) anguish
2) retention
3) withdrawal
4) relinquishment
5) revealAnswer – 2)
Explanation : retention - 1) aberration
2) obligation
3) enacting
4) enchanting
5) pertinentAnswer – 3)
Explanation : enacting - 1) acceding
2) precede
3) consent
4) assent
5) accessAnswer – 1)
Explanation : acceding - 1) alinged
2) ignore
3) adjudicating
4) deferring
5) dodgingAnswer – 3)
Explanation : adjudicating - 1) privilege
2) ambiguous
3) prestigious
4) elaborate
5) fluctuateAnswer – 4)
Explanation : elaborate - 1) fatigue
2) idle
3) avarice
4) opaque
5) alacrityAnswer – 5)
Explanation : alacrity - 1) determine
2) describe
3) describe
4) prolong
5) extensiveAnswer – 1)
Explanation : determine
