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, in India, 27,000 children die each day, thousands of children go missing each month, many NRI/PIO/OCI/foreign citizen children are kidnapped from abroad and brought to India, and thousands of children are denied access to their father by estranged and vindictive Indian women.
However, India is yet to enact any concrete law that will help prevent childhood deaths, kidnappings, denial of visitation rights to fathers and stop 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.
Furthermore, India should take steps to prevent child abductions within India, stop children being taken away from the gender that is denied custody rights, and penalize kidnappers and custodial mothers/fathers who deny visitation to the other parent.Mostly Indian women bargain child custody as blackmailing tool to get easy Divorce and huge sum of Alimony.Even Father is a natural guardian, but hardly 2% of Fathers get Child custody. Custody Should be Equal to both gender and child should be raised with both Parents love and Affection.

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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In Support on SC Verdict - Demand for Gift after marriage is not Dowry can be found Here
In Support A Rreview of PWDVA 2005 Petition can be found Here

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PosterComments
Posted on Jul 23, 2008
Name: vijaya menon
Website: Visit
 I join with the rescue Aditya supporters.
Posted on Jul 23, 2008
Name: ritesh bhatia
Website: Visit
 sto child abduction
Posted on Jul 23, 2008
Name: vasanthapriya
Website: Visit
 adithya have to be rescued.
Posted on Jul 23, 2008
Name: Dhara Mehta
Website: Visit
 I strongly support.We have to do something to stop this type of abuse of childrens,all over.
Posted on Jul 22, 2008
Name: Mihir Shah
Website: Visit
 I support
Posted on Jul 22, 2008
Name: Srinivasan K K
Website: Visit
 I strongly support the fact that both the parents have equal rights on their children.

At this crucial moments , let us pray to our almightly that aditya is rescued & saved . pray he will have a normal life , thereafter
Posted on Jul 22, 2008
Name: dr.nidhi gupta
Website: Visit
 i feel really sad for aditya.his father must be in a very bad state.plz make full effrts to bring back the child.
Posted on Jul 16, 2008
Name: Alex
Website: Visit
 My support for your cause.
Posted on Jul 15, 2008
Name: roshan
Website: Visit
 i strongly support
Posted on Jul 15, 2008
Name: shankar
Website: Visit
 Yes, I support!
Posted on Jul 13, 2008
Name: Manoharan JA
 I strongly support this petition!
Posted on Jul 13, 2008
Name: RAHUL
Website: Visit
 Very much supported.
Posted on Jul 13, 2008
Name: Arun Agarwal
Website: Visit
 Yes, i support the Petition.Although I believe Fathers also love and care for their children, and sometimes, even more than the mother
Posted on Jul 12, 2008
Name: Arijeet Sarkar
Website: Visit
 Lets put our effort together and make this world a beautiful place for ourselves to live. Peace.
Posted on Jul 10, 2008
Name: litto
Website: Visit
 i support this and also take some deadliest action against that stupid lady
Posted on Jul 8, 2008
Name: Joseph Paul Mendonca
Website: Visit
 I support this petition wholeheartedly.
Posted on Jul 8, 2008
Name: Prabhat
Website: Visit
 I support.
Posted on Jul 7, 2008
Name: Gayathri Prasad
Website: Visit
 I TOTAALY SUPPORT THIS NOBEL VENTURE...I BELEIEV INTERNATIONAL KIDNAPPING IS INHUMANE AND AGAINST MANKIND!!
Posted on Jul 6, 2008
Name: Shilpa Chakrabortty
Website: Visit
 Gender should not establish the 'rightful' guardian of a child.
Posted on Jul 2, 2008
Name: Vinayak
Website: Visit
 Yes, i support the Petition.
Posted on Jul 1, 2008
Name: Vish
Website: Visit
 Although I believe that normally a mothers love for her child is supreme and can never be replicated, there are exceptions to this rule. Fathers also love and care for their children, and sometimes, even more than the mother.
Posted on Jul 1, 2008
Name: Sambit
Website: Visit
 Yes, i support the Petition. Fathers' should have equal rights as that of mothers.


Posted on Jul 1, 2008
Name: Sambit
Website: Visit
 Yes, i support the Petition. Fathers' should have equal rights as that of mothers.


Posted on Jun 29, 2008
Name: R.Rathnam
Website: Visit
 I strongly support this petition.
Posted on Jun 28, 2008
Name: Anbupazhamnee.S
Website: Visit
 I pray for the safety and healthy future of Aditya.
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