Russian Woman–Indian Husband Child Custody Case Escalates: SC Orders MEA to Enforce Treaty with Russia

New Delhi: The Supreme Court of India has ordered the Ministry of External Affairs (MEA) to seek new legal assistance from Russian authorities in order to track down a Russian national woman who fled the country and relocated to India with her child.  

Russian Woman–Indian Husband Child Custody Case Escalates  

This Supreme Court ruling concerns an international child custody dispute involving Viktoriia Basu, a Russian national, and her Indian husband Saikat Basu. 

The Russian Embassy's prior failure to assist, stating that they were unable to find the woman and thus could not obtain her consent to share information, served as per court's ruling. The MEA is now being urged by the Supreme Court to submit a new request and track down the woman and child through diplomatic channels. The Delhi Police were also chastised by the court for their "negligence," which might have permitted the woman to leave the nation in spite of a previous surveillance order.

Based on an existing legal assistance treaty between India and the Russian Federation that contains provisions for locating individuals, Justices Surya Kant and Joymalya Bagchi issued the order. The Court underlined that Russia is legally required to assist in criminal investigations, including the location of individuals, in accordance with the current Mutual Legal Assistance Treaty between India and the Russian Federation. 

This order followed the Russian Embassy's earlier declaration that it was unable to help, stating that the woman's consent was required to share information. The court's ruling sends a clear message, reminding the Indian diplomatic missions and the Russian government of their obligations under the bilateral pact.

The Delhi Police were also subject to harsh criticism from the Supreme Court, which criticized their "sheer negligence" in failing to keep discreet on the woman's home as directed. The Court noted that this duty lapse probably allowed her to flee with the child. The mother has been the subject of a FIR for kidnapping, and Interpol has sent out a blue corner notice.

The court observed that since the woman's location has now been linked to Russia, the issue has evolved from a straightforward domestic conflict to one that calls for "diplomatic channels and tactful handling" as opposed to the use of force. The case highlights the difficulties of cross-border parental abduction and the necessity of diplomatic channels to enforce court orders. It is currently a matter of international cooperation.

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