Hague Abduction Convention: Prime Features, India & Child Abduction-UPSC Notes

The Hague Convention is an international treaty that safeguards human rights, cultural property, and cross-border legal cooperation. Numerous countries, including the United States, are signatories to the Hague Abduction Convention, a treaty with specific objectives. The Hague abduction convention aims to safeguard children from the adverse consequences of international parental abduction by promoting the swift repatriation of abducted children to their country of habitual residence. Additionally, it seeks to establish and ensure effective access rights for parents. The underlying principle is that issues related to custody and visitation should typically be adjudicated by the appropriate court in the child's country of habitual residence. Emphasizing the welfare of the child, the Convention offers a collaborative civil remedy among participating nations.

International conventions and treaties play a pivotal role in various subjects in the UPSC syllabus. One such significant convention is the Hague Convention on the Civil Aspects of International Child Abduction. 

The Hague convention upsc is a topic relevant to the UPSC context under General Studies Paper II (Social Justice) for UPSC mains and Paper I for UPSC prelims. It is a basic topic for aspirants to understand the dynamic aspect of the Hague convention upsc. The Hague convention upsc is an essential topic for UPSC Civil Services because it highlights the role of international law in protecting human rights, cultural heritage, and fostering global legal cooperation, which is frequently discussed in the exam. Join UPSC Coaching today to boost your preparation. 

Also, study about the Rotterdam Convention 1998 from the linked article.

Latest Update

Download the Daily Current Affairs for UPSC here!

The Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption (Convention) is an international agreement to safeguard intercountry adoptions. Concluded on May 29, 1993 in The Hague, the Netherlands, the Convention establishes international standards of practices for intercountry adoptions. The United States signed the Convention in 1994, and the Convention entered into force for the United States on April 1, 2008.

• Hague Service Convention (1965): A multilateral treaty that facilitates the cross-border service of legal documents in civil or commercial matters among 84 signatory states, including India (acceded to the Convention in 2006 with certain reservations) and the US. 
• SEC’s Request to India: The SEC invoked Convention to request India's Ministry of Law and Justice to serve summons on Adani and his associates. 
• India’s Stance on Service of Process: India rejects alternative service methods under the Article 10 of the Convention, including postal service, diplomatic channels, or direct service by foreign courts. 
• All requests must go through the Law Ministry, which can reject them if they threaten sovereignty or security. 
• Judicial Precedents on Alternative Service: Courts worldwide have debated using email and social media for summons.
• US courts allowed service through Facebook and email. In Punjab National Bank v. Boris Shipping Ltd. (2019), a UK court invalidated a summons served through alternative means, reaffirming India’s strict adherence to the Convention. 

Get Free Materials for UPSC Preparation by Testbook!

About the Hague Convention on Child Abduction 

The Hague Convention on the Civil Aspects of International Child Abduction, often referred to as the Hague Abduction Convention or the Hague Convention on Child Abduction, deals with the complex issue of international child abduction by parents. However, the term 'Hague Convention' may lead to confusion as there are several Hague Conventions addressing various issues.

• The Hague Convention on Child Abduction focuses on the issue of international abduction of children by parents.
• The treaty establishes procedures for the swift return of children wrongfully retained or removed from their habitual residence.
• The Convention provides methods for returning a child who has been wrongfully taken to another country by a parent, often in the context of marital disputes.
• This is particularly relevant to India due to the increasing number of Indian couples settling abroad and mixed marriages where one spouse is an Indian citizen and the other is a resident/citizen of another country.
• The Convention was signed in 1980 and came into effect in 1983.
• India has not signed the Hague Abduction Convention.
• The Convention applies only to children under the age of sixteen.

Also, study about the Genocide Convention from the linked article.

Prime Features of the Hague Abduction Convention

The Hague Abduction Convention ensures the prompt return of children wrongfully removed or retained across international borders and protects custody rights under the law of the child’s habitual residence. Here, we outline the main features of the Hague Abduction Convention.

• Countries that have ratified the convention are required to establish a Central Authority, which serves as the main point of contact between parents and other governments in cases of abduction.
• The Central Authority is generally responsible for locating abducted children, encouraging amicable solutions to parental abduction cases, and facilitating the safe return of children.
• Documents submitted as part of the application to the Central Authority can be admitted to courts in partner countries without the usual formalities required for foreign documents.
• A parent does not necessarily need to present a custody order to establish that their custodial rights were violated when the child was taken from their country; the Convention allows for proof according to the laws of the child’s habitual residence.
• The decision on whether a child should be returned to their habitual residence, or whether access/visitation rights exist, does not depend on the immigration status or nationality of the child or their parents.

Study about the Kigali Agreement from here.

The Hague Abduction Convention India

Despite considerable pressure, India has not signed the Hague Abduction Convention. This is primarily due to concerns about women escaping abusive marriages and returning to India with their children, and the potential for them to lose custody of their child due to the provisions of the convention.

• Critics argue that the Convention's terminology, which labels a parent as an ‘abductor’, is highly offensive as it misrepresents situations where a parent (usually the mother) divorces or separates from their spouse and leaves the country.
• In Indian law, parents are considered the natural guardians of their children, so the term “abductor” is not applicable under Indian law.
• Critics argue that the Convention does not acknowledge the role of domestic violence in compelling a mother to return to her home country.
• Countries like Japan have ratified the Convention but have made exceptions for women facing domestic violence in the country from which they fled.
• Critics also argue that the term ‘habitually resident’ is vague, particularly for infants or toddlers who would be comfortable with their parents, regardless of their place of residence.
• The Hague Convention assumes that all jurisdictions are equal in deciding custodial rights, but there is evidence of bias against Indian parents in certain countries.
• However, the 218th Law Commission Report of 2009 suggested that India should accede to the Convention, citing concerns from foreign judges about allowing children to travel or visit India due to its non-signatory status.

Study about the Macolin Convention from here.

After reading this article, we hope all your doubts about the Hague convention upsc have been addressed. The textbook provides comprehensive notes on civil services and various other competitive examinations. It has always ensured the quality of its products, such as content pages, live tests, GK and current affairs, mocks, and so on. Ace your UPSC preparation with the Testbook. Download the Testbook App now!