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Justice Rajesh Bindal committee Recommendations
April 29 , 2018
2275 days
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- The Committee headed by Justice Rajesh Bindal has submitted its report on legal issues related to inter country removal & retention of children and its recommendations to the Ministry of Women and Child Development.
- The Committee has recommended that the Government may establish an ‘Inter Country Parental Child Removal Disputes Resolution Authority’ (ICPCRDRA).
- The authority
- Will be chaired by retired High Court Judge and shall have members from Legal and Social sector background along with representatives from key Ministries.
- Has been envisaged to provide a one window solution in cases of inter country removal and retention of Children which is arising because of parental issues.
- Along with its recommendation, The Committee has also submitted draft legislation - International Child Abduction bill to the Government.
- Currently, there is no specific legislation in India addressing issues related to abduction of children from and into India because of parental issues in abroad.
Inter country child abduction- Hague Convention
- Law Commission of India (LCI) had prepared draft legislation titled “The Civil Aspects of International Child Abduction Bill, 2016 to address the issue and support India’s accession to Hague Convention on Civil Aspects of International Child Abduction 1980.
- 94 states are party to Hague Convention on the Civil Aspects of International Child Abduction 1980
- India is not signatory to it (as country has to have domestic law in place before it can become signatory).
- The convention is applicable to any child, up to age of 16 years who is habitual resident of any of member states.
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