Government to create a new Cell to resolve Child Custody Disputes

A new Mediation Cell will be set up to resolve Child Custody Disputes

 

  • It will work under National Commission for Protection of Child Rights (NCPCR)
  • It will resolve child custody disputes arising from cases of transnational marital discord. In Simple words, it will resolve the cases of children who were taken away by one of the spouses without the permission of the other due to marital discord from other countries to India or vice versa

hague convention india

What is National Commission for Protection of Child Rights?

  • The National Commission for Protection of Child Rights (NCPCR) was set up in March 2007
  • It was set up under the Commissions for Protection of Child Rights (CPCR) Act, 2005, an Act of Parliament (December 2005).
  • NCPCR ensures that all Laws, Policies, Programmes, and Administrative Mechanisms are in consonance with the Child Rights perspective as enshrined in the Constitution of India and also the UN Convention on the Rights of the Child.

Under which Ministry NCPCR works?

  • NCPCR is  under the administrative control of the Ministry of Women & Child Development ,Government of India.

Who is a ‘Child’ as per CPCR Act 2005?

  • The Child is defined as a person in the 0 to 18 years age group.

Is National Commission for Protection of Child Rights (NCPCR) a Constitutional body?

  • NO
  • National Commission for Protection of Child Rights (NCPCR) is a STATUTORY body, formed under the CPCR Act 2005.

What is Hague Convention?

  • Hague Convention on the Civil Aspects of International Child Abduction or Hague Abduction Convention is a multi-national treaty that seeks to protect children wrongfully removed by one of the parents from the custody of the other parent.
  • The Convention was concluded on 25 October 1980 and entered into force between the signatories on 1 December 1983.
  • To ensure the prompt return of children who have been abducted from their country of habitual residence or wrongfully retained in a contracting state not their country of habitual residence.
  • The Convention applicable only to children under the age of 16
  • At Present, India is NOT a signatory to the Hague Convention

What is India’s stand on the Hague Convention?

the decision to ratify the Hague Convention could lead to harassment of women escaping marital discord or domestic violence

 

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