Stressing upon the need for mediation as the first step and  and the best interest of the Child- India is to look at setting up of ‘Inter Country Parental Child Removal Disputes Resolution Authority’. Pic Courtesy: Missing Children Europe
Stressing upon the need for mediation as the first step and and the best interest of the Child- India is to look at setting up of ‘Inter Country Parental Child Removal Disputes Resolution Authority’. Pic Courtesy: Missing Children Europe

India mulls ‘Inter Country Parental Child Removal Disputes Resolution Authority’

The Committee headed by Justice Rajesh Bindal, Judge, High Court of Punjab & Haryana, Chandigarh, submitted its report on legal issues related to inter country removal & retention of children, and recommends on addressing the problems of parents and children involved in such issues. The Ministry of Women and Child Development had appointed the Committee. After detailed deliberation and examinations of various aspects of inter country removal and restoration of Children, the Committee has submitted the report to Maneka Sanjay Gandhi, Minister for Women and Child Development.

Stressing upon the need for mediation as the first step, the Committee has recommended that the Government may establish an ‘Inter Country Parental Child Removal Disputes Resolution Authority’. The authority has been envisaged to provide a one window solution in cases of inter country removal and retention of Children.

Justice Bindal Committee has recommended that the Authority may be chaired by a retired High Court Judge, with Members from Legal and Social sector background along with representatives from key Ministries. The Committee has recommended that the Authority may examine the inter country cases of removal and retention of children vis-a-vis the cultural context, merit of the case, and the best interest of the Child. Along with its recommendation, the Committee has also submitted a draft legislation to the Government. The Committee was also requested to study the draft of the International Child Abduction bill, prepared by the Law Commission. The WCD Ministry will be sharing the report with Ministry of External Affairs, Law Ministry and Ministry of Home Affairs for their comments and inputs.

 

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