Posts
The U.S. State Department has
just issued its 2017 Annual Report on International Parental Child Abduction
under the International Child Abduction Prevention and Return Act (ICAPRA). The
following is the Country Summary and related information from the seventh
country listed as “Noncompliant” in the report, India:
Country Summary:
India does not adhere to any protocols with respect to international parental
child abduction. In 2016, India demonstrated a pattern of noncompliance. Specifically,
the competent authorities in India persistently failed to work with the
Department of State to resolve abduction cases. As a result of this failure, 66
percent of requests for the return of abducted children have remained
unresolved for more than 12 months. India has been cited as non-compliant since
2014.
Central Authority:
In 2016, the competent authorities in India demonstrated a pattern of
noncompliance by regularly declining to work with the Department of State
toward the resolution of pending abduction cases. The Indian authorities have
not responded to applications for assistance with the return of children
presented to them in 2016. Moreover, the competent authorities failed to
resolve cases due to a lack of viable legal options. While the Indian
government repeatedly met with U.S. officials to discuss abduction cases, it
persistently failed to take concrete steps to resolve pending cases.
Voluntary Resolution:
In 2016, five abduction cases were resolved through voluntary means. Most
returns of abducted children from India to the United States were the result of
voluntary agreements between parents.
Location: The
Department of State did not request assistance with location from the Indian
authorities.
Judicial Authorities:
Without the Hague Abduction Convention or any other protocols intended to
resolve abduction cases, parents generally must pursue custody of abducted
children in Indian courts. Judicial action in custody cases in India has been
slow, and Indian courts tend to default to granting custody to the taking
parent. Absent any clear legal procedures for specifically addressing abduction
cases under Indian law, parents’ efforts to resolve custody disputes in local
courts were often unsuccessful.
Enforcement:
While most left-behind parents faced significant delays and difficulties in
obtaining favorable custody decisions in Indian courts, custody decisions were
generally enforced in a timely manner.
Department
Recommendations: The Department will intensify its efforts to persuade
India to accede to the Convention and expand public diplomacy activities
related to the resolution of cases. The Department also recommends an emphasis
on preventing abductions.
