US Makes The Hague Convention Stricter, Disobeying Countries To Face Legal Actions.
US Congress has recently passed
International Child Abduction Return Act, 2017. The Act seeks to punish the
countries that do not adhere to the US orders on the return of the abducted
children. Nirmal Singh 3C Company
mentions, The Australian Central Authority in the attorney- general department
is responsible for administering the Hague Convention on the Civil Aspects of
International Child Abduction. The convention was made in the 1980’s and is a
multilateral treaty operating between Australia and many other countries.
What is Hague Convention on the
Civil Aspects of International Child Abduction?
Nirmal Singh 3C Company says that India has been asked several
times to become a member of it, but for some reason it is still reluctant to
rectify the treaty. It is a lawful procedure that ensures the safe return of
abducted children to their home countries. This way even the parents gets
proper assistance to obtain contact or access to children overseas. Till now,
the Hague Convention on the Civil Aspects of International Child Abduction is
the main international parental child abduction that cover international cases
of parent/ child abduction and provide proper guidelines and follow a proper
procedure to ensure that the child returns to his home country safely and also
for the parents to contact their children abroad.
Highlights of the convention
·
The convention makes it compulsory for the
participating countries to establish a central Authority to trace the abducted
children and secure their return to their countries
·
The convention does not affect any laws laid by
the country that applies to the children under the age of 16.
India’s view on being a part of
the Convention
The treaty stands for than 25
years now and India has still not become a part of it. It is difficult to guess
why India has been reluctant on signing the agreement says Nirmal Singh 3C Company but this is how it can benefit from it:
In 2009, the Law Commission of
India recommended that we must signed the Hague convention, because it will
improve the chances of finding the abducted children abroad with the help of
the other signatories of the agreement. International support is a must for any
country and the treaty promises full support and guidance to the participating
counties in the case of child abduction. But India was still not convinced and
did not sign the treaty.
Last week, US Congress issued the
Bindu Philips and the Devon Davenport International Child Abduction Return Act
of 2017 which seeks to punish countries who do not adhere to US court orders in
the matters of the abducted child.
Nirmal Singh 3C Company says that the problem of Child abduction is
toxic, with majority of the cases left unsolved. Hence, signing The Hague
Convention would only prove to be beneficial for the country.
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