January 25th, 2008 
krishna Borders Divide jurisdictions but families reunite them. The chain to this link is the global citizen. However, this inter-nation cross-flow has with the passage of time generated a new crop of legal issues in the realm of private international law which comprises rules a court would apply whenever there is a case involving a foreign element.
As Reuters reports, while the British Parliament is working its way through The Human Fertilization and Embryology Bill to legalise parentage from in-vitro fertilization births and recognize same sex couples as legal parents of children conceived through the use of donated eggs, sperms or embryos, India has still to enact any concrete law arising from the surrogate tourism industry generated here.
A fugitive NRI parent declared a proclaimed offender in matrimonial proceedings in India cannot even see or talk to his children removed to India. A foreign court refuses to permit NRI children to be taken to India and likewise local courts decline to implement foreign court orders directing return of NRI children. These occurrences find daily mention but no straight-forward solution for the NRI in any Indian law. International parental child abduction defined as the removal or retention of a child across international borders by one parent which is either in contravention of court orders or is without the consent of the other parent is sadly an increasing phenomenon which causes acute emotional distress to the abducted child.
The Government is in the process of acceding to the Hague Convention on Civil Aspects of International Child Abduction. However, before that is done, and India becomes a member of about 80 contracting convention nations, an appropriate Indian legislation will have to be enacted for its implementation. In this way children removed to and from India will be reunited with their aggrieved parent and India will no longer be a sought after destination for parking removed NRI kids from foreign jurisdictions. Also, foreign courts will be encouraged to permit NRI kids to freely visit India without fear of abduction.
The draft of the Indian Civil Aspects of International Child Abduction Bill 2007 meant to secure the prompt return of children wrongfully retained or removed to India proposes to ensure that the rights of custody and access under laws of contracting states are respected by providing for prompt removal of wrongfully removed children. The salient features of this proposed law are as follows:
1) A Central Authority for performance of duties under the Hague Convention for securing the return of removed children by instituting judicial proceedings in the High Court.
2) The appropriate authority or a person of a contracting country may apply to the Central Authority for return of a removed child to the country of habitual residence ·
3) The High Court may order return of a removed child to the country of habitual residence but may refuse to make such an order if there is grave risk of harm or if it would put the child in an intolerable situation. Consent or acquiescence may also lead to refusal for return of a child by the court.
4) The HC may refuse to return a child if the child objects to being returned upon it being satisfied that the child has attained an age and maturity to take into account his views.
Before India”accedes to ” the Hague convention, an appropriate law will have to be enacted. In this way, children removed to and from India will be reunited with their aggrieved parent and India will no longer be a sought after destination for parking removed NRI kids from foreign jurisdictions
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