Report No. 263

Annexure-I

Comparative Statement showing the provisions of the draft Bill placed on the website of Ministry of Women and Child Development (WCD) and the Revised Bill recommended by the Law Commission of India

Bill prepared by WCD

The Civil Aspects of International Child Abduction Bill, 2016

A

BILL

to secure the prompt return of children wrongfully removed to or retained in any Contracting State, to ensure that the rights of custody and access under the law of one Contracting State are respected in other Contracting States, and to establish a Central Authority and for matters connected therewith or incidental thereto.

WHEREAS the interests of children are of paramount importance in matters relating to their custody;

AND WHEREAS India is a party to the Hague Convention on the Civil Aspects of International Child Abduction;

AND WHEREAS the said Convention entered into force on the 1st December, 1983;

And WHEREAS the said Convention has for its main objective, to secure the prompt return of children wrongfully removed or retained in any contracting state, to ensure that rights of custody and of access under the law of one contracting state are respected in other contracting states;

AND WHEREAS it is considered necessary to provide for the prompt return of children wrongfully removed or retained in a contracting state, and to ensure that rights of custody and of access under the law of one contracting state are respected in other contracting states, and thereby to give effect to the provisions of the said Convention;

Be it enacted by Parliament in the sixty-fifth year of the Republic of India as follows:-