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India should sign the Hague Convention: Sorabjee

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Press Trust of India New Delhi
Eminent jurist and former Attorney-General of India Soli Sorabjee today said that India should join the Hague Convention dealing with inter-parental child abduction, which has been signed by over 90 countries globally.

The Hague Convention on Civil Aspects of International Child Abduction, signed on October 25 in 1980, provides for a mechanism to return a child internationally abducted by a parent from one member country to another.

The signatories to the multilateral treaty include the US and the UK, and there has been a debate over whether India should join it or not.

"India should join the Hague Convention. So, many countries, over 90 of them have signed it. India has not done it, since there are a few notions attached with it. I do not see any reason, why our country should not be a signatory to it," Soli told PTI on the sidelines of an event.
 

At the panel discussion on -- Reconciling Domestic Violence and Cross Border Removal of Children -- held late evening at the IIC here, Supreme Court judge justice A K Sikri said, a domestic legislation related to the issue was needed first before addressing it through global measures.

"India is a in a state of flux. There is 'India vs Bharat' situation. While the India is shining and prospering, the other part ('Bharat') is still struggling and so there is a wide gulf between the rich and the poor," he said.

The debate on whether India should join the Hague Convention, is "sharply divided", the apex court judge said.

Sikri said in an era of globalisation, the situation is not confined to mere two Indian parents settled abroad. Today there are women, who are earning more than their husbands and there are women, who are not economically capable of meeting challenges resulting out of any domestic violence.

"But, should few cases block our vision and we should not sign the convention? Which aspects should we consider while taking into account the welfare of the child, (in case of marital dispute)," he asked.

Besides Sorbajee, a senior US official and a Chicago- based attorney also pitched for India to join the convention.

"The Hague Convention is not a miracle remedy but it is better than not signing it... We (the US) encourage all countries, including India to join the convention," said Joseph M Pomper, Minister-Counselor for Consular Affairs at the US Embassy here.

US-based lawyer Molshree Sharma, another panelist, said, "India should sign the convention.

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First Published: Oct 24 2017 | 11:07 PM IST

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