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 Oct 6, 2018
Name: jayakrishna
I do agree with this petition. I know somebody, who is not allowed to visit his child. child's maternal grandparents and mother are not allowing child and father to meet. this is a mental trauma for child and father both. Law should be there for access of child. any of the parents can meet their child/children any time without restriction.
Posted on Jun 12, 2018
Name: manoj Kumar
Website: Visit
I do agree with this petition. I know somebody, who is not allowed to visit his child. child's maternal grandparents and mother are not allowing child and father to meet. this is a mental trauma for child and father both. Law should be there for access of child. any of the parents can meet their child/children any time without restriction.
Posted on Dec 19, 2017
Name: Safina Uberoi
Website: Visit
Child Abduction is devastating for the children involved. By one parent making a unilateral decision to take the child away, the child is left with none or little access to the other parent. The child becomes a pawn in divorce. This is extremely cruel to the child and also the left behind parent.
Posted on Dec 19, 2017
Name: Vijay Pavan Amaravadi
Children are not property of either parent. They are beautiful responsibility that to be nurtured by the love and affection of both parents. Removing one parent forcibly at the whim of other is a sham on such individual. Children deserve both parents and every parent should recognize that. Societal, legal and administrative system should renounce and penalize such parent who abducts the child and keep them away from the love of other in such a way that they won't repeat that. Hence I am signing this petition.
Posted on Dec 18, 2017
Name: Jagpreet Singh
Website: Visit
Time to.update the law. Completely agree with the petition.
Posted on Dec 18, 2017
Name: Kiran Sanjeeva
Time to accede. Time to protect children and their rights. Children are not objects to be suddenly removed from the love and care of a loving parent and taken and held hostage in a new place. Time for India's laws to get on with the times and ensure children's rights are not trampled by disgruntled parents.
Posted on Dec 18, 2017
Name: ananth
Website: Visit
I sign this petition. As I am a victim of misuse of law by woman in India and not able to see my children for last 7 years. The law that created by betterment for women was misused by educated and rich class of women in India. The violate law and no one question them and we need mandatory visitation rights and equal opportunities to see their kinds by father. It takes 2 weeks to get stay order and takes more than year to vacate the stay order in India and longer period it takes, the woman corrupt the children minds so much. Woman are giving so many excuses and it is accepted everywhere and not for men here.
Posted on Dec 18, 2017
Name: Dr Jayavibhava S
Website: Visit
The need of the hour is Shared Parenting for the overall welfare of the child....
Posted on Dec 18, 2017
Name: Chanda khanna
Website: Visit
I signed the petition.
Posted on Dec 18, 2017
Name: Chanda khanna
Website: Visit
I signed the petition.
Posted on Dec 18, 2017
Name: Dileep
Website: Visit
Most urgently needed.
Posted on Dec 18, 2017
Name: Sandeep Pamarati
Website: Visit
FATHERS SHOULD NOT BE SEPARATED FROM HIS KIDS
Posted on Dec 18, 2017
Name: Vijay Narayan
Website: Visit
I support this petition. Please save the children affected by parental abduction.
Posted on Dec 18, 2017
Name: SETHURAMAN U
Website: Visit
The inequality of law governing childrens custody is cruel to children and fathers. Children need both parents and fathers have equal right to their child. Children denied one parent internalize an enormous amount of stress, the outcome of which unfolds over the lifetime of the child. Women's rights cannot take away childrens rights.
Posted on Dec 18, 2017
Name: Raj Kumar
Website: Visit
I am signing this petition because child abduction is a big issue in India whereby one parent removes the child/children from the jurisdiction and Place of Ordinary Residence of the child/children and abducts the child to another city / state / country to cut off the other parent, usually the Non Custodial Parent (NCP) from the child with the ulterior motive of alienating the child/children from the NCP. The developed countries have strong laws to mitigate this behavior of Custodial Parents (CP) in order to protect the best interests and welfare of the child/children and India needs to amend the Custody Laws to prevent abduction of innocent children who are commonly used as pawns when a marriage breaks down. A child needs the love and affection of both the parents. This is a sincere plea to the Indian government from a father whose children have been surreptitiously and illegally removed from their home city after filing of the Custody Petition in blatant violation of laws and the children have been uprooted from their paternal family and familiar school environment. Please make laws to treat parental abduction as a criminal offence to discourage this harmful practice.

Posted on Dec 18, 2017
Name: Jasleen Goel
Website: Visit
The inequality of law governing childrens custody is cruel to children and fathers. Children need both parents and fathers have equal right to their child. Children denied one parent internalize an enormous amount of stress, the outcome of which unfolds over the lifetime of the child. Women's rights cannot take away childrens rights.
Posted on Dec 18, 2017
Name: Raghav
Website: Visit
Signing
Posted on Dec 18, 2017
Name: Deepthi
Website: Visit
Totally agred.. support 100%
Posted on Dec 18, 2017
Name: Arun Mn
Website: Visit
This parental alienation is becoming deep rooted problem and it might create less state future chiidren

The country has to take cognisance

Reg
Arun MN
Posted on Dec 18, 2017
Name: Pawan Goyal
Website: Visit
Kids r not a piece of furniture.
More than father, its the right of the children to experience the love of his/her both parents. However due to law misuse (actually abuse) by women, the children are often kept away from father which hampers their overall growth.

Posted on Dec 18, 2017
Name: RAHUL MHAJAN
Website: Visit
I support this cause.
Posted on Dec 18, 2017
Name: Hanish Dawda
Website: Visit
I support the cause
Posted on Dec 18, 2017
Name: Shazeel m Basha
Website: Visit
Give equal rights to father's. Treat them as humans. They are the ones who pay taxes, fight on the borders and do all kinds of menial and dirty jobs to run the family and the country.
Posted on Dec 18, 2017
Name: Bino Pathiparampil
Website: Visit
Fathers' right to love children cannot be legislated away. Men are victims of legal abuse as well as domestic abuse.
Posted on Dec 18, 2017
Name: Vinayakumar Savadattimath
Website: Visit
Please provide equal opportunity to both the parents as child would be in need of love from both the side
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