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Report No. 263

The Protection of Children (Inter-Country Removal and Retention) Bill, 2016

Table of Contents

Sl. No.

Title

Page

1

Background

1

2

Introduction

2-3

3

Some Judgements of the Supreme Court of India.

4-6

4

Judgements of the Supreme Courts of Canada, United Kingdom and United States of America

7

5

Domestic Violence Impacting Children

8

6

Salient features of the Hague Convention, 1980

9

7

Initiatives of the Government of India

10-11

8

Child Abduction Distinguished from Inter-Country Removal of Children

12-13

9

Recommendations

14

 

Comparative Statement showing the provisions of the - Draft Bill placed on the website of the Ministry of Women and Child Development and the revised Bill recommended by the Law Commission of India (Annexure-I)

15-32

 

The Protection of Children (Inter-Country Removal and Retention) Bill, 2016 as recommended by the Law Commission of India (Annexure-II)

33-43

 

References

44

1. Background

1.1 The High Court of Punjab and Haryana, in Seema Kapoor & Anr. v. Deepak Kapoor & Ors., CR No.6449/2006 vide order dated 24.02.2016, referred the matter to the Law Commission of India "to examine multiple issues involved in inter-country, inter-parental child removal amongst families and thereafter to consider whether recommendations should be made for enacting a suitable law for signing the Hague Convention on child abduction."

1.2 After receiving this reference, the Law Commission examined the issues involved and found that the Law Commission had already examined the said issues and submitted the 218th Report titled "Need to accede to the Hague Convention on the Civil Aspects of International Child Abduction (1980)" on 30 March 2009, advising the Government of India to sign the Hague Convention on the Civil Aspects of International Child Abduction, 1980, which came into force on 1st December, 1983 (hereinafter referred to as Hague Convention, 1980).

1.3 During the examination of the issues, the Commission also found that the Government of India has already prepared a draft of the "Civil Aspects of International Child Abduction Bill, 2016" (hereinafter referred to as the Bill), which is broadly in consonance and conformity with the Hague Convention, 1980. The said Bill has been put on the website of Ministry of Women and Child Development so that stakeholders may file their comments or make suggestions for improving the same.



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