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February - March 2007
Political News
India to Join Hague Convention
At the two day Fourth International Conference on Private International Law
held at the Indian Society of International Law, New Delhi on December 2
and 3, 2006, Union Minister of Overseas Indian Affairs, Vayalar Ravi in his
address titled “International Private Law in a Globalising World” clearly
declared that the Government of India will soon become a member of The Hague
Conference on Private International Law.
Giving details of this momentous International meet, Chandigarh based lawyers
Anil and Ranjit Malhotra who made powerful presentations on “Conflict
of Jurisdictions in Inter parental Child Custody Disputes “ and on “ Inter
Country Adoptions from India” stated that this was a very important and
significant step which will ensure that the 25 million NRI Diaspora and foreigners
would not face difficulties in settling cross border marital disputes coupled
with resolving Inter Continental Child Custody litigations.
The Conference attended by a galaxy of academicians, lawyers and foreign representatives
had amongst them Dr. Hans van Loon the Secretary General of The Hague Conference
on Private International law and Lord Justice Mathew Thorpe, Head of International
Family Law and Judge of Court of Appeal in England. Delegates from UK, USA,
Australia, Africa, Bangladesh and other parts of Europe attended this meet
focusing on Family Laws and International Commercial Laws.
Anil Malhotra in his presentation focused on the issue of Inter Parental Child
Abductions to and from India. High incidence of child removal in North India
to and from UK, USA and Canada was highlighted. Absence of any direct law or
treaty had led to India becoming a haven for child removal. The necessity of
acceding to The Hague Convention on child abduction was the unanimous resolution
in this special session chaired by Lord Justice Thorpe. The assurance by the
Ministry of Overseas Indian Affairs to become the party to the Convention very
shortly will resolve this burning problem and give a permanent solution.
Ranjit Malhotra in his presentation focused on problems arising out of Inter
Country Child Adoptions. Mr. William Duncan from The Hague chairing this session
stressed the need for an international perspective in this regard. Representatives
from the Central Adoption Resource Authority of the Indian Ministry of Social
Justice gave their useful view point through the 2006 Guidelines on Adoptions
from India.
In a specially convened session on abandoned NRI spouses and forced marriages
in UK among the Asian Community, Solicitors and Barristers from UK explained
the English perspective and remedies available under British Law to aggrieved
parties. This educative and informative session was of great utility to practitioners
in India.
The huge Indian Diaspora spread over 110 countries today faces acute and severe
problems on account of marriages, divorces, adoptions, inter parental child
removal and property disputes. The assurance given regarding the signing of
The Hague Convention will facilitate reciprocal recognition of orders of Courts
of signatory countries. In the words of the Minister, “As the largest
and fastest growing free market democracy, India is truly integrated with the
world economic order. I am aware that a number of difficult legal issues relate
to the Indian Diaspora…..Private International law therefore is relevant
to our work ….One such issue is the delicate and complex problem of
the break down of marriages of NRI couples….. My Ministry is giving
utmost importance to finding legal solutions to tackle such situations.”
It has been now felt that if India signs some of The Hague Conventions including the one on child abduction; it would resolve a number of problems relating to issues arising out of NRI marriages. Besides, in matters of Inter Parental Child removal in global matrimonial litigations , children will be returned to the country of their habitual residence by a mutually reciprocal international arrangement between countries. Recognition of Indian marriages and divorces and reciprocally similar foreign instances would come to an International agreement.
The vision of Pandit Jawahar Lal Nehru who established the Indian Society of International Law in 1959 was far sighted. The meet resulted in useful deliberations. The vision of Mr. Ram Niwas Mirdha as the President of the Society in organizing the conference has been indeed fruitful and path breaking. The milestone announcements of endorsing The Hague Conventions on private international law will go a long way to improve the plight of NRI family problems.