Between Local Realities And Global Commitments: India’s Non-Ratification Of The Hague Convention With Comparative Reference To New Zealand
- IJLLR Journal
- Dec 4, 2025
- 1 min read
Sukirti Boora, Auckland Law School, The University of Auckland
ABSTRACT
This paper offers a comparative analysis of India and New Zealand’s legal approaches to international child abduction, with a focus on the Hague Convention on the Civil Aspects of International Child Abduction (1980). While New Zealand has incorporated the Convention through its Care of Children Act 2004, balancing procedural obligations with limited discretion under the "grave risk" exception and child objections as seen in McDonald v Sanchez, India has not ratified the Convention, relying on domestic laws like the Guardians and Wards Act, 1890 and prioritizing the welfare of the child. This study integrates socio-cultural factors, particularly the role of patriarchal beliefs in perpetuating domestic violence against Indian women, which often necessitates cross-border relocations for safety. Drawing on recent research, it highlights the need for culturally-sensitive legal responses to the challenges posed by patriarchal control, socio-economic vulnerabilities, and gender-based violence. The paper advocates for India’s potential accession to the Convention with reservations protecting domestic violence survivors and proposes a harmonized framework that aligns procedural efficiency with child-centric and gender-sensitive approaches.
