In June, 2016, the Ministry of Women and Child Development (MWCD) uploaded on its website a proposal to enact a draft of the Civil Aspects of International Child Abduction Bill, 2016. This was considered as it was imperative to have an enabling legislation in India before accession to the Hague Convention
Bill:
- The proposed Bill considered the removal to or the retention of a child in India to be wrongful if it is in breach of rights of custody attributed to a person, an institution, or any other body, either jointly or alone, at a place where the child was habitually resident immediately before the removal or retention.
- It further stipulated that the removal to or the retention in India of a child is to be considered wrongful where at the time of removal or retention those rights were actually exercised, either jointly or alone, by a person, an institution or any other body, or would have been so exercised, but for the removal or retention.
- The draft Bill was prepared following a reference made by the Punjab and Haryana High Court to the Law Commission of India to consider whether recommendations should be made for enacting a suitable law and for signing the Hague Convention
Why in news?
21st Law Commission has recommended some changes in the draft:
- One-year jail term for wrongful retention or removal of a child from the custody of a parent. The offenders may include one of the parents or family, relatives and others.
- Three months punishment for wilful misrepresentation or concealment of fact as regards the location or information about the child or for voluntarily preventing the safe return of the child