Contents |
|
The Protection of Children (Inter-Country Removal and Retention) Bill, 2016 |
1. |
Background |
2. |
Introduction |
3. |
Some Judgements of The Supreme Court of India |
4. |
Judgements of Supreme Courts of Canada, United Kingdom and United States of America |
5. |
Domestic Violence Impacting Children |
6. |
Salient Features of The Hague Convention, 1980 |
7. |
Initiatives of the Government of India |
8. |
Child Abduction Distinguished from Inter-Country Removal of Children |
9. |
Recommendations |
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 |
|
The Civil Aspects of International Child Abduction Bill, 2016 |
|
The Civil Aspects of International Child Abduction Bill, 2016 |
Chapter I |
Preliminary |
Chapter II |
Constitution, Powers and Functions of the Central Authority |
Chapter III |
Procedure for Application to Central Authority |
Chapter IV |
Refusal by Central Authority to accept Applications |
Chapter V |
Procedure for Application to High Courts |
Chapter VI |
Application in respect of child removed from India |
Chapter VII |
Rights of Access |
Chapter VIII |
Miscellaneous |
Annexure-II |
The Protection of Children (Inter-Country Removal and Retention) Bill, 2016 |
|
The Protection of Children (Inter-Country Removal and Retention) Bill, 2016 |
Chapter I |
Preliminary |
1. |
Short title, extent, application and commencement |
2. |
Definitions |
3. |
Wrongful removal or retention |
Chapter II |
Constitution, Powers and Functions of the Central Authority |
4. |
Constitution of Central Authority |
5. |
Appointment of officers and other staff of Central Authority |
6. |
Functions of Central Authority |
7. |
Powers of Central Authority |
Chapter III |
Procedure for Application to Central Authority |
8. |
Procedure for making application to Central Authority |
9. |
Transfer of applications to contracting State |
10. |
Calling Report from Police |
Chapter IV |
Refusal by Central Authority to accept Applications |
11. |
Refusal by Central Authority to accept Applications |
12. |
Additional Information |
13. |
Appeal to Central Government |
Chapter V |
Procedure for Application to High Courts |
14. |
Power of Central Authority to apply to the High Court |
15. |
Interim Order by High Courts |
16. |
Power of High Courts to return child to contracting State |
17. |
Possible exceptions to the return of the child |
18. |
Rights of access of person, institution or any other body to a child in India |
19. |
Application to the High Court for exercise of rights of access of any person to a child in India |
20. |
Relaxation of requirements of proof of foreign law |
21. |
Costs |
22. |
Adjudication not to cover determination of custody rights of parent |
23. |
Arrangements to return a child to Contracting State |
Chapter VI |
Application in respect of child removed from India |
24. |
Application to Central Authority for return of child to India |
Chapter VII |
Rights of Access |
25. |
Rights of access of person, institution or body in India |
26. |
Application to Central Authority of Contracting State to exercise rights of access of any person, institution or body in India |
27. |
Coordination between Central Authorities to secure rights of access |
Chapter VIII |
Offences and Penalties |
28. |
Punishment for wrongful removal or retention |
29. |
Punishment for willful misrepresentation or concealment of fact |
Chapter IX |
Miscellaneous |
30. |
Expeditious process |
31. |
Reports and returns |
32. |
Maintenance of Records |
33. |
Protection of action taken in good faith |
34. |
Members and officers of Central Authority to be public servants |
35. |
Power to give directions |
36. |
Power of Central Government to make rules |
37. |
Power to remove difficulties |