The new Law Commission aims to examine multiple issues involved in inter-country and inter-parental child removal within families locked in such and related conflicts - a problem that is increasing among NRIs. The inter-continental access of children by these parents - whose conflicts often restrict the return of children to the country, is one such grave problem. The newly constituted Law Commission of India plans to tackle the abduction of such children by parents whose conflicts often prevent the return of children to the country of their rooted residence.
Such a law presently exists only in countries that are signatories of The Hague Convention on Civil Aspects of International Child Abduction, 1980. To govern the issue, the countries which are not a part of the convention do not have the safeguards of a global family law.
The new Law Commission headed by Justice B S Chauhan, contemplates to examine multiple issues involved in inter-country and inter-parental child removal within families locked in such conflicts. A problem that is increasing among NRIs, the new Commission will also consider whether proposal be made to enact a suitable law and for signing the Hague Convention on the child abduction.
Advocate Anil Malhotra who deals in inter-country family disputes, believes that no global family law governs the issues in India, therefore defiant positions in various courts of such jurisdictions can create deadlocks. With an increasing number of NRIs and multiple problems leading to the family conflicts, the advocate believes that inters-parental child removal to and from the native country i.e. India now needs to be resolved the problem on a global platform.