The Government of India has taken measures to resolve cases of the children who were taken away from other countries to India or vice-versa by one of the spouses without permission of the other spouse due to marital discord or due to domestic violence. Ministry of Women & Child Development, keeping in view of the importance of mediation and to protect the best interest of the child, constituted a Mediation Cell in National Commission for Protection of Child Rights (NCPCR) to resolve such cases for preparing a Parental Plan taking into account the best interest of the child.
Further, Integrated Nodal Agency (INA) has been set up by this Ministry along with representatives from Ministry of Home Affairs, Ministry of External Affairs, Ministry of Law & Justice to deal with issues related to marital disputes. In such cases, either husband or wife or the present custodian of such child, or child herself/himself can file an application to the INA addressed to Section Officer, Child Welfare-I Section, First Floor, Jeevan Tara Building, Parliament Street, New Delhi-110001 or send it through e-mail-ina.childcustody-wcd[at]nic[dot]in, as per the prescribed application format. Depending on the facts of the cases, the INA refers the matter to the Mediation Cell for developing a Parental Plan.
The Mediation Cell attempts to develop a parental plan by calling the parties concerned in person or through video conferencing and attempts to get the matter resolved by mutual consent. The Mediation Cell also furnishes the report to INA after completion of the mediation process. However, INA in its discretion may refer the case again to Mediation Cell. A final speaking order on the basis of the report furnished by the Mediation Cell is issued by INA. The order is made available to the parties involved in the case as well as to the Ministry of External Affairs, Ministry of Home Affairs, Ministry of Women & Child Development and concerned Embassy.
This information was given by the Minister of Women and Child Development Smt. Annapurna Devi in the Lok Sabha in reply to a question today.
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