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 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
Posted on Dec 18, 2017
Name: Anupam verma
Website: Visit
Father ia human havng fellings also he is not only money generating machine, i m with pitition..
Posted on Dec 18, 2017
Name: Niranjan Kumar S
Website: Visit
I
Posted on Dec 18, 2017
Name: Devendra S.
Website: Visit
It is child's right to spend time with both parents. My child has been taken to UK without informing me or the family court. Stop IPCA.
Posted on Dec 18, 2017
Name: Raghavendra Tn
Website: Visit
I would like to support this petition as child is badly affected by laws
Posted on Dec 18, 2017
Name: Kumaresan
Website: Visit
Kindly save the Men’s rights towards their kids- Bring equality for Men towards their kids
Posted on Dec 18, 2017
Name: Dhanesh Jawahar Shah
Website: Visit
It's the need of the time to secure our family culture. Childrens are the future of the nation and we have to give such a beautiful upbringing so that they will know the value of family and friends and relatives. So for stopping custodian parents abduction I am supporting this petition
Posted on Dec 18, 2017
Name: Debojyoti Das
Website: Visit
I support this petition. If we can't secure the rights of our children to have access, love, and affection of both parents, we don't deserve to call ourselves a nation or a civilization.
Posted on Dec 17, 2017
Name: Balaji
Website: Visit
Need strict laws to protect the children. Children rights to be protected.
Posted on Dec 15, 2017
Name: Prof. Srinivasa Kunuthur
Website: Visit
International Parental Child Abduction in India has become a business in India for the parental child abductors to blackmail the left behind parents(LBP),poison the mind of the abducted children to hate the LBP, block the communication between the child and LBP and extract huge sums of cash as ransom after filing cases in Indian Courts for divorce,child custody,maintenance,dowry harassment and domestic violence which run for decades and ultimately destroy the bright future of abducted children who become mental wrecks for no fault of them.
Posted on Jun 10, 2017
Name: Sankar
Website: Visit
Parental abduction is a crime. For the abducting parent, child's welfare isn't important rather their ego and selfishness. Stop child abuse and mental cruelty!!!
News: "Decision not sign Hague treaty because of WOMEN"
I hope here we are talking about the children and child's welfare is of paramount importance, leave it to the jurisdiction court from where the child was removed.
Why is India obsessed with women? Just treat them equally and there should not be any gender discrimination before law.
If domestic violence or other issue, why can't they complaint at the local police, e.g. in US or in Europe. Do you think that the women's rights aren't considered?
Please sign the Hague treaty immediately and stop this abuse and cruelty!


Posted on May 17, 2017
Name: Sankar
Website: Visit
Child abduction of any form should be prohibited. Parental rights should be respected. Stop child abuse in India and other blackmails from child abduction
Posted on Apr 21, 2017
Name: Magesh
Website: Visit
I am a victim of parental child abduction. My wife left to India with my two children on "vacation" and filed for divorce and child custody in India. Now I have to resign my job in US and come here to fight the case. Its been more than a year since I saw my kid and my wife is demanding alimony to support my kids.
Posted on Apr 7, 2017
Name: Pal
Website: Visit
why people come to USA in h4 visa and get citizen and get abduct the US citizen kids to India.
Posted on Mar 17, 2017
Name: Nageswara Rao Mamillapalli
Website: Visit
I agree with this petetion. Woman take advantage of prejudice and file false cases and abduct children to India which is a safe heaven for child abducters as of now. India thinks that it should protect the woman but to be honest other nations are much more strict about any violenace against woman and woman has the right to represnet themselves in any country anaginst any abuse. Using abuse as a reason and removing children from habitual residence and causing trauma to the kids and depriving them from DAD is totally wrong. It should change.
Posted on Feb 20, 2017
Name: Veera brahma rao arekapudi
Website: Visit
We are the victims and we strongly support this law
Posted on Feb 3, 2017
Name: Prof. Srinivasa Reddy Kunuthur
Website: Visit
International Child Removal and Retention Bill,2016 once passed by the Indian Parliament and becomes operative, will prevent abuse and misuse of innocent children from being used as instruments to harass the left behind parents female or male alike.
Posted on Jan 4, 2017
Name: Abhinaw
Website: Visit
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 Sep 13, 2016
Name: mandeep
Website: Visit
i agree. my kids taken to india by mother and now they refuse to return . im fighting legal battle here and and i ndia and its draining me fiancially with no help. its like getting criminal you have to have big pockets
Posted on Jul 1, 2016
Name: srinivas B
Website: Visit
absolutely agree for this. there should not be any loopholes to harass using children and geo-political markings as a way to get selfishly motivated things done
Posted on Apr 21, 2016
Name: Anil
Website: Visit
While being a loving father and being victim of my child abduction by mother and still fighting court cases since 10 years in Indian courts,I would strongly agree and sign for this petition so justice prevails.
Posted on Oct 17, 2015
Name: Kireeti
Website: Visit
Parental kidnapping and Parental Alienation are the two most neglected topics in India and the existing child custody laws in India are no match compared to the international standards. India is a safe haven for several such abductors who resort to kidnap their own child not because of utmost love towards the kid but only to use them as a means to hurt their ex-spouses OR exploit money. Its high time that Law and Judicial system find a fitting solution before many such innocent victims fall prey to the most inhumane crime.
Posted on Oct 3, 2015
Name: Krishna
Website: Visit
I sign this petition being concerned citizen.
I will Never Vote Parties which do not care such Citizens Sufferings, do not repeal such antisocial& unconstitutional laws retrospectively and not compensating victims of abuse of such biased laws from personal funds of misusing law enforcers, justice deliverers& misrulers.
Krishna
Posted on Mar 30, 2015
Name: Samina Rahman MD
Website: Visit
How can a judge of any court order the severance of a biological bond? Unless the child is in danger from that parent, such court orders are inhuman.
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