The Women and Child Development Ministry of the Central Government, in pursuance to the power conferred Under Section 13(a) of the Commission for Protection of Child Rights Act (CPCR) 2005, has directed the NCPCR to constitute a mediation Cell, to resolve the cases of children who were taken away by one of the spouse without the permission of the other spouse due to marital discord or domestic violence from overseas country to India or vice versa and prepare parental plan taking into account the best interest of the child.
The suggested composition of the Mediation Cell in NCPCR is as follows:
- Chairperson NCPCR- Chairperson
- Member NCPCR (in that fields of laws relating to children)- Member
- Member NCPCR (in field of child psychology-sociology) – Member.
All the cases pertaining such matters will be taken up by Integrated Nodal Agency (INA) in the Ministry of Women and Child Development which was constituted on 20.12.2017.
The Ministry of Women and Child Development, has notified that any parent can approach the Integrated Nodal agency, set up to resolve the NRI marriages issues, with the details of the case. A representation could also be made by the child or a custodian of the child. With this procedure, the scope of work of the INA is being expanded to cover cases involving children of contesting parents. Mediation process may be completed in six months of the receipt of application filing which the Mediation process will be taken as over.
As per laid own procedure, the INA will refer the matter to NCPCR which will undertake mediation so that all aspects of the case could be tabled from both the sides. Participation by Video conferencing is also permitted. Either of the parents, who is normally a resident of a foreign country, could also get the local Mission of that country involved in the mediation process, if required. The Mediation Cell of NCPCR will develop a parental plan keeping in view the interest of the child and submit its report to the INA. Based on the report of the INA and any other inputs that INA may seek from the applicants or from MHA/MEA, it will pass a speaking order in the matter. The proceedings of the INA shall not be treated as interference of the Court proceedings which may have been initiated by either of the parents in any jurisdiction.
The WCD Minister, Smt Maneka Sanjay Gandhi has stated that the purpose of this procedure is primarily to bring all the facts of the case including the legal proceedings that may have been initiated either by the parties, make an overall assessment of the situation and suggest a parental plan in the best interests of the child. The Minister further remarked that mediation by NCPCR should result in resolution of most of the cases which will be a big relief to both the parties and particularly to the children. In her statement, the Minister further mentioned that the issue of signing the Hague Convention is still open and a decision on it will be taken in due course. Till then, the mediation process as notified by the WCD Ministry, should take care of most of the representations received by the Ministry. The speaking order of the INA will be extremely useful for both the parents to get the legal cases resolved/closed.
The proceedings and decisions of the INA and production Cell shall be neither treated as interference in the Court proceedings in the Court of Law if any, nor will make the INA Mediation Cell liable to any legal action against them for such decision.
Background:
The Hague Convention deals with the custodial issues of children of parents who are involved in troubled marriages and are located in different countries. The Ministry of Women and Child Development had been receiving a large number of complaints from such parents. In almost all cases, one of the parents has moved out with the child/children to India from the place of residence of the other parent located in another country. While these situations are dealt under the Hague Convention by the countries who are signatories, it is not possible for the parents of Indian origin to invoke the Hague Convention procedures as India has not signed the Convention. The Ministry of Women and Child Development had observed that most of these complaints are from women who have had to escape from foreign countries along with their children to come to the safety of their own families residing in India. Their husbands file criminal cases of abduction of the children in the country where they are residing which goes uncontested as the woman in India is unable to present her case.
In order to resolve the issues, the Ministry had appointed a Committee under Justice Rajesh Bindal. The Committee has since submitted its recommendations which are under examination. In the meantime, the ministry has decided to set up an institutional mechanism to provide relief to the parents involved in such cases keeping in view the best interest of the child.
A copy of the complete order dated 27th July 2018 notified by the ministry is available at the link below:
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