The Hague Convention and Its Impact on Women’s Rights and Children’s Rights: An Indian Perspective

The aim of this article is to critically examine the universalisation of treaties such as the Hague Convention to highlight the tension it brings out between women’s rights and children’s rights by blindsiding gender-related issues and cultural realities. Written in the context of Ariha Shah in Germany and the Bhattacharya case in Norway, this article aims to map the landscape of international child abduction and repatriation attempts by parents in India, as well as the Indian legislative attempt to tackle the issue of abduction through the draft of the Civil Aspects of International Parental Abduction Bill, 2016 . Viewed critically through a child rights perspective, the article considers whether the positioning of the Abduction Bill from a feminist viewpoint does justice to the agency of children involved, and makes recommendations on how their position can be strengthened further.