The Hindu : New Delhi News : “Parental child abduction not properly addressed”

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“Parental child abduction not properly addressed”

Legal Correspondent

New Delhi: Law Commission Chairman A.R. Lakshmanan has called for amendments to guardianship and custody laws to engraft the principle of the “best interest and welfare of the child.”

On the rise

“Statistics show that the number of divorce cases and custody disputes has increased ever since the advent of globalisation and technological development, leading to a very busy lifestyle and work culture. International parental child abduction (PCA) or child removal can be defined as removal of a child by one parent from one country to another without the approval of the other parent.”

Justice Lakshmanan was speaking on International Child Adoption-Parental Removal on the occasion of the golden jubilee celebrations of the Indian Society of International Law here recently.

“Parental child abduction is an offence which, until now, has not been adequately recognised and addressed in India. In fact, PCA often takes place when spouses feel they can escape the law of the country they have migrated to.”

‘Soft state’

He said, “India is being cited as a ‘soft’ state for cases of parental child abduction, and child abductors see it as a safe haven. The Indian courts while deciding cases pertaining to minor children have not followed a uniform pattern. There also is an absence of progressive development in the subject. Courts, while entertaining such matters, should place paramount focus on the welfare, well-being and best interest of a child rather than on technicalities of law.”

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