An NRI woman should have the right to refuse the return of her child to the spouse, from whom she separated on grounds of domestic violence, a high-level panel examining a draft law on civil aspects of International Child Abduction bill is likely to suggest.
Sources in the committee said they were considering introducing the option with an aim to put adequate safeguards to protect NRI parents, especially women, who remove a child from the lawful custody of their spouse.
India can become a signatory to the Hague convention on civil aspects of international child abduction only after a domestic law is in place. Signing the treaty will make inter-parental child abduction an offence punishable with one-year jail.
The Justice Rajesh Bindal -led panel is of the view that in draft law, domestic violence should be made a ground for refusing the return of child to the lawful custody of their spouse from whom they have been separated.
“Many countries, who are signatory to the treaty, have this clause in their domestic law. If a woman says she faces a risk of domestic violence, the government can stop the child from being sent back. We are seeing if this can be part of our domestic law also,” said a panel member on the condition of anonymity.