What Constitutes Parental Kidnapping or Parental Abduction?

When the two partners dissolve their marriage following the decision of Divorce, usually they break all their chords and relations with each other, but the only thing keeps them joining is their child. And for that child, sometimes, unfortunate events happen as after the court decides the custodial parent of a child and other partner would not like the decision and may go against the court’s decision, thus, following the fraud means to get the child.

Kidnapping/Abduction- Abduction or Kidnapping is defined under the section 362 of the Indian Penal Code, 1860 as an act of taking away the person with a fraudulent means prompting him to go from one place. This is a criminal and a punishable offence to a parent trying to abduct a child and additionally, may be charged fine too.

Parental Child Abduction Includes:

Whether or not the taking away a child by a parent will compose parental kidnapping which is controlled by three primary variants, such as;

  • The legitimate status of the guilty parent,
  • Any court orders in presence with respect to care, and
  • The goal of the guilty parent.

Why A Parent May Carry-Out Parental Kidnapping/Parental Abduction?

  • Not satisfied with the court’s decision and is against it,
  • Afraid of harm to the child from the other parent,
  • To take revenge from the other parent

Legal Actions for Parental Kidnapping

Till date, there is no such Indian enactment to punish the culpable parent in case of parental abduction in India. But the law commission of India has presented its 218th report mentioning the title as “Need to consent to the Hague Convention on the Civil Aspects of International Child Abduction 1980”.

Hague Abduction Convention- It is a multilateral treaty established by the Hague Conference on the Private International Law stating the immediate return of the child by the culpable parent abducted from one country to another.

People in India are definitely looking forward to this kind of specific law for parental kidnapping in India and the Ministry of Women and Child Development is working for that. Soon, we hope to see a classified law for it which can deal with such kind of incidents if it happens.