India to Sign the treaty of Hague Convention for child abduction with USA
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REUNION PETITION : Sincere request to the Indian government to sign the petition of Treaty for Hague Convention for child abduction with USA or sincere plead to Kindly expedite district court custody cases by committing to change in delayed procedures especially for Indian born children abducted by parent in USA.
Minister of Justice Shri D. V. Sadananda Gowda
Chief Minister of Andhra Pradesh – Mr.N. Chandra babu Naidu
Minister of ExternalAffairs – Mrs.Sushma Swaraj
(Why Is India Reluctant to Act Against Parental Child Abduction?,
Right to Motherhood is a Fundamental Right under the constitution of India.
Jan. 23, 2017)In a decision made by the Women and Child Development (WCD) Minister, Maneka Gandhi, and agreed to by the Ministry of External Affairs, the government of India has decided not to ratify the Hague Convention on Child Abduction.
Reason is as per the Economic Times state; "India's Ministry of Law and Justice is of the view that if India signs the pact, it would put Indian women married to non-resident Indians or foreign nationals to disadvantage in cases of divorces and legal battles over the custody of children, Indian government sources said. This is also one of the reasons why India has not signed a bilateral agreement with the US for cooperation in such cases, they said."
While parental child abduction is a criminal offense under the Indian Penal Code, because India has not signed the Hague Convention, there is no way for a foreign government to force the abducting parent or the Indian government to return an abducted child
As per the Annual Report on International Parental Child Abduction (IPCA) of USA India demonstrated a pattern of noncompliance by persistently failing to work with the United States to resolve abduction cases in 2015.
BUT what about the mothers dependent mothers who are victims of child abduction by fathers working in the states ? What about those single parents who are abused due to the parent feeling unjustly treated by the court process or frustrated with custody arrangements, a contentious divorce or break-up, an effort to exert control over an ex-spouse or partner, a way to deprive the other parent of access to the child.
How much trauma children go through with living single parent missing their mother? India should sign the petition of hague convention If India is serious about children's rights and its own treaty obligations (UN CRC), we expect proactive actions, coupled with urgency to give immediate relief to victims of this heinouscrime, that separates children from their parent and families and alienates them from each other.
In The US Domestic relations courts in the United States handle divorces between parties all the time involving noncitizens. In general, the immigration status of either the divorcing parents or of the children is almost completely irrelevant, except to the extent that it might tend to impact parental fitness in cases where custody is contested. Clearly, which of the child’s parents, if either, will continue to have the right to remain in the United States after the divorce is final is a factor that will affect the court’s evaluation of what determination of custody will be in the “best interests of the child”
Right to motherhood Is a fundamental right, please do not separate mother and child India’s action is required on this.
Number of district courts judges sanctioned - 22,677
Number of Judges present 16693
Hire ore judges to resolve cases which affect the lives of innocent children due to the political laws curbing their freedom.
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