HC urges MHA to review protection for children of NRIs
Jodhpur, Aug. 9 -- The high court has urged the Ministry of Home Affairs (MHA) to examine possible pathways and, if necessary, revisit existing legal provisions to better protect the welfare of children born abroad to Indian-origin parents, while also considering enhanced international cooperation to address such unique situations, a lawyer familiar with the case said on Friday.
The court was hearing a petition concerning a five-year-old girl Seher Gogia, an Australian citizen by birth, whose parents are Indian nationals. Directing relief in her case, the bench ordered the Foreigners Regional Registration Officer (FRRO), Bureau of Immigration, to extend her visa without insisting on a No Objection Certificate (NOC) from the mother, who is involved in a matrimonial dispute with the father.
The single-judge bench of Justice Anoop Kumar Dhand observed that the child has been living with her father since birth, and since there is no custody order in favour of the mother, there is no need for an NOC from the mother.
Stressing the child's welfare, the court said: "Therefore, the petitioner being a 5 year old minor cannot be compelled to be deported to Australia."
Citing Article 21 of the Constitution and India's commitments under the United Nations Convention on the Rights of the Child, the court emphasised that deporting the minor without considering her wishes would not be in her best interest.
It also allowed the father to apply for an Overseas Citizen of India (OCI) card on the child's behalf and directed the FRRO to decide such an application "sympathetically, in accordance with law, expeditiously" - preferably within three months of filing.
The order disposed of the writ petition and related applications. and reiterated the need for the MHA to review the legal framework governing similar cases to protect children caught in cross-border family disputes....
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