STOP CHILD ABDUCTION TO INDIA, GIVE EQUAL RIGHTS TO FATHER TOO
Stop destroying our children’s future


TO:
International Court of Justice
Peace Palace
Carnegieplein 2
2517 KJ The Hague
The Netherlands		Chief Justice of India
Supreme Court of India
New Delhi
INDIA.
.

Borders Divide jurisdictions but families reunite them. The chain to this link is the global citizen. However, this inter-nation cross-flow has with the passage of time generated a new crop of legal issues in the realm of private international law which comprises rules a court would apply whenever there is a case involving a foreign element.

It is rather ironic that while the British Parliament is working its way through The Human Fertilization and Embryology Bill to legalize parentage from in-vitro fertilization births and recognize same sex couples as legal parents of children conceived through the use of donated eggs, sperms or embryos,India is yet to enact any concrete law that will help prevent International parental child abduction (removal or retention of a child across international borders by one parent).
International parental child abduction to India, either in contravention of court orders or without the consent of the other parent, is sadly an increasing phenomenon that causes acute emotional distress to the abducted child.

A fugitive foreign citizen/permanent resident kidnapper who is declared a proclaimed offender in matrimonial and custody proceedings in his/her country of citizenship/domicile (because of the wrongs he/she did to her ex-spouse and in-laws) kidnaps the foreign citizen children of the marriage and is provided safe haven in India (sometimes enabled by kidnapper's family’s political/bureaucratic/legal connections). The left behind NRI/PIO/OCI/foreign citizen parent cannot even see or talk to his/her children removed to India and is denied all access because the kidnapper is allowed to file false complaints with the Indian legal system using the easy to misuse laws.

The NRI/PIO/foreign citizen kidnapper is easily able to obtain injunctions from the Indian guardianship courts (despite the lack of jurisdiction) against the return of the kidnapped NRI/PIO/OCI/foreign citizen children to their place of habitual residence (because the Indian Courts ignore all current and even pre-existing custody orders from the foreign courts). These occurrences find daily mention but no straightforward solution for the NRI/PIO/OCI/foreign citizenunder any Indian law.

The Government of India is in the process of acceding to the Hague Convention on Civil Aspects of International Child Abduction. However, before that is done, and India becomes a member of about 80 contracting convention nations, an appropriate Indian legislation will have to be enacted for its implementation. In this way children removed to and from India will be reunited with their aggrieved parent and India will no longer be a sought after destination for parking removed NRI/PIO/OCI/foreign citizen children from foreign jurisdictions. Also, foreign courts will be encouraged to permit NRI kids to freely visit India without fear of abduction. The draft of the Indian Civil Aspects of International Child Abduction Bill 2007 meant to secure the prompt return of children wrongfully retained or removed to India proposes to ensure that the rights of custody and access under laws of contracting states are respected by providing for prompt removal of wrongfully removed children.

The salient features of this proposed law are as follows:

Based on the experience from other countries that have ratified the Hague Convention, it is critical that all loopholes that will prevent the implementation of this be plugged. This (the exploitation of loopholes)is likely to be a serious problem in India and the political/bureaucratic/legal system will continue to provide a safe haven for the NRI/PIO/OCI/foreign citizen kidnapper, especially if the kidnapper is the mother. One example of a loophole is that abducting parent starts custody proceedings in India under the 30 year old laws before/in parallel with proceedings started by the left behind parent under the Hague Convention. Before India signs the Hague convention,appropriate laws will have to be enacted to prevent the exploitation of loopholes. In this way, children removed to and from India will be reunited with their aggrieved parent and India will no longer be a safe haven and sought after destination for parking removed NRI/PIO/OCI/foreign citizen children from foreign jurisdictions.
We request all of you to sign this e–petition to support the above-mentioned petition.

Please write letters separately to the President and Prime Minister of India, Law Ministry and Chief Justice of India with copies to us:


Thank you for signing,We also request you to forward it further amongst your partners, networks and friends.

For:Save Indian Society / MyNation

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PosterComments
Posted on Jul 1, 2009
Name: viraat
Website: Visit
 god bless u... all the best.
Posted on Jun 30, 2009
Name: govindgopal
Website: Visit
 Pls save the child.
Give equal rights to father too.
Respect fatherhood as well.
Stop biased system towards mother.
Immediately STOP such ABDUCTION!!
Posted on Jun 29, 2009
Name: Vivek Sharma
Website: Visit
 I support...!!!!
Posted on Jun 29, 2009
Name: VINOD PATHAK
Website: Visit
 It is a good effort for a great purpose. I am supporting this action.
Posted on Jun 28, 2009
Name: apoorv
Website: Visit
 save him.it is a shame on indian police that dey cannot find that fucking mother.find dat bastard and give father his heart back.
Posted on Jun 28, 2009
Name: Deependra S. Garcha
Website: Visit
 This is one important piece of legislation that has been neglected despite the fact that it is immediately required inn this changed scenario of Indian family. When the law recognises that the welfare of the child shall be the sole consideration for grant of custody to the either parent then why is the same is not implemented and why are the contemptuous actions on part of the custodian mother not made a basis for grant of custody to the father/
Posted on Jun 25, 2009
Name: Prakhar Kumar Goel
Website: Visit
 my whole hearted support to Aditya and his father.

May justice prevail.
Posted on Jun 24, 2009
Name: Pravin Kale.
Website: Visit
 Please search him, save him from his ill mother & handover him to his loving father.
Posted on Jun 23, 2009
Name: yoovraj
Website: Visit
 save him please
Posted on Jun 18, 2009
Name: sandesh saboo
Website: Visit
 this law has been misused for long and judges have taken a lienient view towards the women.

in the way they are distroying the future of the child.

destiny apart..this law needs to be relooked and the child and father should not suffer because of insecurity of wife and the family members of wife.and vice versa.
Posted on Jun 10, 2009
Name: Mohit
Website: Visit
 Don't just ask everyone to rescue aditya, do whatever you can to rescue Aditya..... Post this message to social network sites and everywhere.
Posted on Jun 10, 2009
Name: Vishal Masand
Website: Visit
 Hi India,

Let us stop practicising old and obsolete laws of the British which sometimes are more than one hundred years old and illogical. Let us move to correct and moral justice and I support this cause
Posted on Jun 5, 2009
Name: india kumar
Website: Visit
 It is enough, too many people has been suffered, kindly modify gender biased laws in India, no civilized country could have allowed that. Please avoid too much of concessions to Women. Kindly save this child and other children’s also. Stop this right now..
Posted on Jun 5, 2009
Name: deepak
Website: Visit
 plz help to rescue aditya..
Posted on Jun 3, 2009
Name: umar khalid
Website: Visit
 STOP CHILD ABDUCTION TO INDIA, GIVE EQUAL RIGHTS TO FATHER TOO
Stop destroying our children’s future


Posted on Jun 3, 2009
Name: Karthik Demon
Website: Visit
 STOP CHILD ABDUCTION TO INDIA, GIVE EQUAL RIGHTS TO FATHER TOO
Posted on Jun 3, 2009
Name: Karan
Website: Visit
 indian govt should take appropriate action & bring justice to father & innocent child
Posted on Jun 2, 2009
Name: Prabal Gupta
Website: Visit
 Stop this lady in doing this inhuman act...PLEASE!!!
Posted on Jun 1, 2009
Name: Senthilnathan
Website: Visit
 Pls save this child !! India please avoid too much of concessions to Women.
Posted on May 30, 2009
Name: saravanan
Website: Visit
 i just imagined that if i have child and he has been kidnapped,it is the dreadful pain so Please rescue that Child & give him to his Father.
Posted on May 30, 2009
Name: Sherwin Farias
Website: Visit
 please stop this immediately .
Posted on May 30, 2009
Name: Sachin Malu
Website: Visit
 Save the Life of Child & give him to his Father for his good future.
Posted on May 30, 2009
Name: kapil
Website: Visit
 Please stop child abduction , change the rules , make them same for Fathers and Mothers
Posted on May 29, 2009
Name: Vimal Kumar
Website: Visit
 Oh god do some good for that poor child

Posted on May 28, 2009
Name: reddy
Website: Visit
 for the safe return of adithya i pray...and it is very disgusting that even women are kidnapping....
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