Hague Service Convention 1965, Working and India’s Stand

Context: The U.S. Securities and Exchange Commission (SEC) has sought assistance from the Indian government under the Hague Service Convention to serve summons on Gautam Adani in a securities and wire fraud case.

About Hague Service Convention (1965)

• It is a legal treaty signed by 84 countries, including India and U.S.A.
• It is formally known as the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters.
• The treaty ensures that people in one country can be served legal documents properly when they are involved in court cases in another country.
• The main goal is to ensure that people receive timely and fair notice of legal proceedings against them.

How does it Work?

• Each country in the treaty appoints a central authority to handle legal document requests.
• The country requesting legal service must follow the rules of the receiving country.
• Legal documents can be sent through designated authorities, postal services, diplomatic channels, or other approved methods.

India’s Stand on the Hague Convention

• India joined the Hague Service Convention in 2006 but has placed restrictions on how legal notices can be served.
• India does not allow alternative methods like postal service or direct communication between lawyers or courts (which some countries permit).
• All legal notices from foreign countries must go through the Ministry of Law and Justice.
• India can reject requests if they threaten its sovereignty or security.

How Does it Work in India?

• The Ministry of Law and Justice receives the legal documents from the foreign country.
• If there are no objections, it forwards them to Indian authorities to serve the person.
• The process takes 6 to 8 months. If India rejects the request, it must provide a valid reason.

What Happens if India Does Not Cooperate? (Default Judgment)

• A default judgment is when a court issues a decision against someone who does not respond to legal proceedings.
• Under the Hague Convention, if a country fails to serve legal documents properly, the foreign court can still proceed with the case.

Conditions for a Default Judgment

• The legal documents must have been sent using proper methods under the treaty.
• At least six months should have passed after sending the documents.
• The country (India, in this case) must have failed to provide proof that the notice was served.

Sharing is caring!