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 Apr 10, 2014
Name: Suresh Upadhya
Website: Visit
pls give equal right to father.
Posted on Jan 3, 2014
Name: hemant sharan
Website: Visit
fully support the petition
Posted on Nov 20, 2013
Name: susheel
Website: Visit
Fully support . These child abductors and their accomplices should be bought to justice. India should not be used as a save haven for these crooks/criminals . No one has the right to abbduct a child and forcefully separate the child from either parent.
Posted on Nov 2, 2013
Name: Himesh Saraf
Website: Visit
And yes I support this peririon!
Posted on Nov 2, 2013
Name: Himesh Saraf
Website: Visit
I have two daughters, 8 & 10 from my marriage that broke almost five and a half years ago. Since then I have been a very important part of my children's life. call them everyday and they are with me 4 to 5 months in a year. 3 yeaes ago when we were going through a divorce, the judge denied the plee for the joint custody and said that the custody can stay only with one parent. we mutually agreed to keep the custody with my ex. In spite of many small instances it was still managable till last year till my kids told me about the neglect and abuse by their mother so I got my kids and they stayed with me for seven months. all this time I had to stay home and be a full time parent. I had a discussion with my ex about all this and I sent them back then. it was going fine after that and also I had moved in a rented accomodation near the kid's school too so I could keep a close watch. I had to go out of town early this year and during that time my ex went to a vaccation with the kids and I was not told about this till the last day. After a week she stopped answering my phone calls. when she got back she was alone. she did not have the kids with her. upon asking she said she had put them in a hostel but refused to tell me where they are. Forced, I filed a contompt of court as I had visitation on weekends and holidays. Now this was in May I filed the case and she failed to appear in first two hearings and in the second hearing in August her lawyer filed a pre reply where they said I already knew where the kids are and they also mentioned the school name. I found out the address of this school and went there where they didn't even know who I was. my name was not there in the school records. After a lot of arguments they allowed me to meet the kids for 15 minutes in their presence. I was not wllowed to give them any edibles either. Next time I went there, I was not allowed in the school at all. I then went to the SP and asked for help. The principal told him that the mother has given them the instructions that I should not be allowed to meet the kids. Feeling the pressure later that evening I received an email from the school that I was allowed to meet the kids only one Sunday in a month and that too only in the school premise. I am still not allowed to take them out. Now the school has added my name as the father's name but still not as a guardian. my kids have lost a lot of weight and their acedemic performance has dropped a lot. They are not happy at all. They tell me their mother had threatened them not to tell me where they are. The school is playing along with her and their policies and statements keep changing on daily basis too. Please help!
Posted on Sep 2, 2013
Name: inder
Website: Visit
Male member of the family is being used just to earn the bread for the family, while the question comes to legality or equality, he is nothing in the eyes of law, but as per Indian Law - all are equals in the eyes of law (but just in books).
Posted on Mar 25, 2013
Name: krishna Chawda
Website: Visit
Ravichandran can you please contact me at krishna.chawda@gmail.com need to speak with you its urgent pleaseeeeeeeee.
Posted on Mar 25, 2013
Name: krishna Chawda
Website: Visit
i fully support this am a recent victim of this.
Posted on Jan 6, 2013
Name: Parag Gupta
Website: Visit
I fully support this.
Posted on Dec 2, 2011
Name: Barrie Morrow
Website: Visit
I fully support this.
Posted on Nov 18, 2011
Name: Rajeev
Name : Rajeev
City : Ghaziabad
Male/Female : Male
Age : 27
Purpose : I am agree of missusing of Dowry act 498a.I am also one of the person which is being harrased.In
my case marriage was not taken place, and they file a false case on me and my parents, even compromised was done. we have sufficient proof to prove that alleged case is wrong, but no one is here to listen men all rules are for women, I am being threatened when ever I go to attent court dates in their city, now I have started to write the letter to Higher Authorities, today I write my first letter/Information to S.S.P, Etah about missuse of 498a Law and threatening.

I use link http://mynation.net/pil/pil.php to sign PIL also.

No one is here to help us. We are just born to pay forcefully.

Can any one help me and advice.

Rajeev Saxena
Ghaziabad


Posted on Oct 28, 2011
Name: Sekhar
Website: Visit
I fully support.
Posted on Sep 22, 2011
Name: FAIZAN KHAN
Website: Visit
Good day,
I am a well educated (Doon School educated) Captain from Merchant Navy who married a local businessman's daughter on Jan 4th, 2008 in Lucknow. I also have a 1 year old daughter from this marriage.
My father had expired in 1991 in a road accident. I was only 12 years old at that time. It is beyond doubt that my mother brought my sister and me up with great pains. I have studied and worked very hard to reach this position of respect. However, since after marriage I have been continuously harrased by my wife and her parents and her other household members for separation from my mother who is an ailing patient of kidney transplant(carried out in 2006 prior marriage) and is also very weak. Points have reached to a nadir whereby my in-laws have been continuously harrasing, abusing, trespassing into my house, use of violence against me and my mother(incidents of Jan 2nd , 2011 and September 16th,2011). I have not taken any legal action against my parents or my in-laws as I still want and hope things to improve in my household for the sake of my daughter whom I love beyond hope. I just want a peaceful atmosphere in my home, who wouldn't? My in-laws as well as my wife have threatened to invoke a false case of 498a against me. I humbly request all concerned in this matter to please kindly draft/amend laws in such a way that innocent people are not targetted or trapped. I also request that this system refrains from forcing innoncent targetted people to suffer in any manner whatsover just because the wife or her parents are acting on their poor judgement. I also want a system whereby innocent husbands can safeguard their full interests.
Thanks and Best Regards
Faizan Khan
C-101, H.I.G.,
Indira Nagar,
Lucknow
Posted on May 25, 2011
Name: shiv agarwal
Website: Visit
I support this wholeheartedly.
Children are not to be used in any divorce matter, even revengeful wife take this opportunity to settle the score with their ex. Indian courts should adopt to modern laws where child can spend time with both of the parents equally.


Posted on May 17, 2011
Name: skbhan
Website: Visit
Furthur i would like to add that all of us must accept that each case has a different history and the decesion has to be based on seeing actual facts.
India has rightfully not signed the Heague treaty because we have a different social system .Boys from outside india[NRI] come back home to get married in indian tradition and once they go back , they try to create trouble at home. We have many thousand cases in courts where people have come to india , got married only to show that they have married already in a foreign country.This problem is typical in india and some south east countries.I fully agree that childs welafre must be of paramount importance and to my belief that does not mean that the child should be handed over to the father , if his proven behavoir has not been cordial at home.I have full faith in US juducial systems but it is also a fact that matrimonial laws are very different there as compared to india. Thus the question arises as to why do these Nris come home to marry indian style .
Fundamentally when the ego comes to the play, the problem starts.

I have suggetsed to some forums that before taking a foreign citizenship, both partners must be explained the western legal system and its implications.In india the courts donot normally issue rectraining orders which is common in western countries. Cases here are decided by gieving both partners full chance to explain their case and ex parte orders are not issued here normally unlike west.
Posted on May 17, 2011
Name: skbhan
Website: Visit
I fully support that such cases should be settled amicably.When one of the parties is admant and wants to take a revenge on the other party, Then they have to be shown the law of land.
I would recommend you all to read the latest judgment given by supreme court of india.It is an eye opener and a great support for thousands of girls from india who are suffering at the hands of their indian husbands [outside india].they feel helpless and scumb to torture at home but they donot need to in view of latest judgment.
One canmnot have a common private international law because some coutries like india have a different social fabric and ethos and donot normally accept forgiving fly by night husbands or those who torture their wives at home and outside show their face of sophistication.
Posted on Mar 3, 2011
Name: Jeff Greene
Website: Visit
I am in the same situation my wife of 11 yrs has taken my US citizen to kids to India and hasn't return them for over a yr. I am currently fighting my case....I havent seen my kids since my deployment in feb 2010....
Posted on Feb 19, 2011
Name: Suresh Murthy
Website: Visit
To Chief Justice of India, Supreme Court of India
==============================
As a father (US Citizen/OCI) who is intending to seek joint custody of my son to be able to visit India during his Summer holidays, I would like to urge you to please sign the Hague Convention to support and enforce the US custody laws in India. This will allow my son to visit me in India and I promise to return him back to his mother in US, after the completion of his vacation break. Without India signing the Hague convention, I may be at a risk of not seeing my son in India because of any unfounded fear of child abduction that his mother may use against me for preventing him to visit India and spend time with me.

Suresh Murthy
Posted on Jan 11, 2011
Name: SSS
Website: Visit
Fully support . These child abductors and their accomplices should be bought to justice. India should not be used as a save haven for these crooks/criminals . No one has the right to abbduct a child and forcefully separate the child from either parent.
Posted on Nov 14, 2010
Name: Sanjeev Majoo
Website: Visit
I fully support this.
Posted on Oct 23, 2010
Name: Bala
Website: Visit
I fully support this and government of India should understand important of this law. Though every one supporting this law except the law ministry as they think that Indian women abroad may be affected. In fact, except middle east most of the countries favour women in case of custody issues. So winning against women simply impossible, so why is the delay in signing. I am also one of the affected part and I am trying my best to get my child back through negoations
Posted on Oct 12, 2010
Name: Varatharajan
Website: Visit
I fully support this.
Posted on Sep 26, 2010
Name: hotfile downloads
Website: Visit
follow
Posted on Sep 17, 2010
Name: Kannan Ramakrishnan
Website: Visit
I fully support this. A son should be allowed to spend time with his father.
Posted on Sep 17, 2010
Name: Kannan Ramakrishnan
Website: Visit
I fully support this. a son should be allowed to spend time with his son.
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