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:


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For:Save Indian Society / MyNation

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PosterComments
Posted on Jan 25, 2010
Name: vinay
Website: Visit
 hope india does something, stop these abuses and be an example for rest of the world
Posted on Jan 21, 2010
Name: rapid4me
Website: Visit
 I am totally with you!
Posted on Jan 19, 2010
Name: Gopal Sondur
Website: Visit
 I more than support the petition.

The wheels of justice move inexoribly slowly - 6 precious years have been lost where my children have missed living a decent life where they could have benefited from the love and support of both parents.
Posted on Jan 8, 2010
Name: Arpit
Website: Visit
 I Support
Posted on Jan 5, 2010
Name: Rajeev Gupta
Website: Visit
 I support
Posted on Jan 2, 2010
Name: azhar ahmed
Website: Visit
 i support it fully
Posted on Dec 25, 2009
Name: Ajay Sharma
 I stand in support of this Petition
Posted on Dec 25, 2009
Name: Varun Pachisia
Website: Visit
 I SUPPORT
Posted on Dec 23, 2009
Name: Anish Bhatt
Website: Visit
 I support this petition.
Posted on Dec 14, 2009
Name: PRATEEK
Website: Visit
 STOP THIS SHIT BEFORE ITS TOO LATE TO HANDLE THE SITUATION ,SAVE THE BOY TO STRONG THE FAITH OF THE PEOPLE IN THE GOVERNMENT OR ELSE BEAR THE PAIN OF THE COUNTLESS CRIES THAT ARE GOING TO BE HEARD FROM THIS FIRE
Posted on Dec 12, 2009
Name: JATINDER SINGH
Website: Visit
 I am also facing similar problem but thanks to support from US & Canadian Embassies that my wife could not take child there. India should also be seen as a country where these kind of tactics are not allowed.
Posted on Dec 9, 2009
Name: Darshan
Website: Visit
 Dont mess with a kid's life, you'l never know, he might be the one to help you some way or the other.
Posted on Nov 22, 2009
Name: db
Website: Visit
 I think mom is being very illogical and selfish. Aditya should be with both mom and dad.
Posted on Nov 18, 2009
Name: Chaitanya
Website: Visit
 I support the equal rights to both parents
Posted on Nov 1, 2009
Name: VenkatKrishna Reddy
Website: Visit
 Why do they do this stuff ? Women need to be educated about this malady.
Posted on Nov 1, 2009
Name: Dinesh
Website: Visit
 Its a child abuse when he/she is deprived of love and affection while warring couple is fighting bitter battle in court. Indian origin women living abroad have a started a new trend recently. When they loose court cases in USA or in other country, they flout the court order of the resident countries, abduct the kids, fly back to India and file several false cases against husband and his kin and kith. All these mess affect child growth and personality with no fault of his or her. This trend must be stopped and children must be given their due love and care. I support this campaign.
Posted on Oct 11, 2009
Name: B R. PATIL
Website: Visit
 GOD BLESS AADITYA. I HOPE HE'LL BE IN HIS FATHER'S LAPS SOON. THE INDIAN LAWS ARE PARTIAL TOWARDS WOMEN WHICH SHOULD BE CHANGED.
Posted on Sep 28, 2009
Name: dsr
Website: Visit
 This is sad. I hope the child can be reunited with the father. I do worry about the mother being forced in to a corner and doing something drastic. Please keep this mind in your messaging
Posted on Sep 28, 2009
Name: Trapti Patil
Website: Visit
 I hope he returns to his father.
Posted on Sep 27, 2009
Name: Asha
Website: Visit
 Aditya come back soon and your dad make happy god is great Ravichandran aditya will come soon
Posted on Sep 26, 2009
Name: Abigail
Website: Visit
 This is such a beautiful country with the world's most intelligent people. And the Indian laws should reflect that intellectual landscape. There should be equality in the law between men and women. Seems like it tips too heavily and many times too unfairly on the side of women. Changes are needed. God bless Aditya, my heart goes out to him. May he be blessed by the Gods with good coping skills so he can come out of this situation with the best case scenario and the best emotional, spiritual and mental condition possible. I have seen many people who went through a lot of trauma but developed exceptional coping skills and turned out to be in excellent overall condition afterwards. I pray Aditya the same.
Posted on Sep 22, 2009
Name: S.Neppoliyan
Website: Visit
 Aditya got great father. He'll come back soon and make his father happy.
Posted on Sep 22, 2009
Name: Prakash
Website: Visit
 I hope Aditya is found and the family reunited. Pray god for that.
Posted on Sep 5, 2009
Name: Ritesh
Website: Visit
 God bless the father and son duo. May they be united again. keep us posted.
Posted on Sep 2, 2009
Name: Mohan
Website: Visit
 God help his father
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