In the wake of the long-standing demand of NRIs and international community that India should sign the “Hague Convention” on custody of children in the cases on inter-country marital disputes, the Law Commission’s recommendation on the same line becomes very relevant as an international conference in London deliberates on the issue.
The Law Commission in its report in 2009 had made a strong case for India to sigh the Hague Convention, 1980 on the civil aspects of the international child abduction, a natural fallout of the break-up of marriages.
The commission in uncertain terms had said: “It believed that India should keep pace and change according to the changing needs of the society and become a signatory to the Hague Convention, which will in tern bring the prospects of achieving the return to India of the children who have their homes in the country.”
The Law Commission had expressed dismay over the successive governments in India dithering on signing of the Hague Convention while thousands of children continued to suffer due to broken marriages every year and as as result their entire career was being jeopardised.
The commission had pointed out that from the numerous cases studied by it, what came to light was that for not being the signatory of the Hague Convention, it has a “negative effect” on a foreign judge, who decides the case of the custody of a child when one of the parent is Indian citizen.
The main reason for doubts in the mind of foreign judges was as there was no guarantee about the return of the child to the country of his origin while the Hague Convention makes it mandatory for every signatory country to furnish such a guarantee to the courts. The convention also makes the judicial decisions binding on every signatory nations.
The law panel stated that Indian courts do not follow the uniform pattern in deciding the cases of minor children and there was no “progressive development” on this aspect either in the absence of a specific law. While the courts decide some cases with the welfare of the child given prime importance, the others were only decided on mere technicalities of law or jurisdictional aspects.
“This only will affect the condition — both physical and emotional — of the child, who is caught in the fire of shattered relationships. This situation only shows that the time has come for some international perspective in this regard,” the commission had said.
The conference in London is being attended by some jurists form India, including former Attorney General Soli Sorabjee. Several prominent NRI leaders form different countries would be attending the meet to put pressure on the Indian government to sign the Hague Convention, which the government has peen postponing despite assurances to NRIs.