The Supreme Court criticized the failure of the Indian Government and Legislature to address the issue, but indicated that it might propose the adoption of the 2018 report by a committee headed by Justice Rajesh Bindal and appointed by India' s Ministry of Women and Child Development. In its report, the Bindal Committee rejected the fundamental thesis of the Hague Convention that abducted children should normally be promptly returned to their habitual residence. Instead, it insisted that abducted children should not be returned from India unless it is proven to be in their best interest to do so and unless any one of several broadly-described exceptions is shown to exist.
The Bindal Committee’ s report included a proposed statute to establish a quasi-judicial “Inter-Country Parental Child Removal Disputes Resolution Authority” in India to handle international child abduction cases. A careful review of the proposed legislation establishes that it would, in fact, further encourage international child abduction to India.