The applicant, Indian national, submitted the communication on behalf of her daughter S.K., a national of India, born in 2017. Their application for asylum has been rejected in Denmark and the applicant claimed that her daughter’s rights under articles 3 and 22 of the Convention would be violated if they were to be deported to India.
During her asylum case in Denmark, the applicant had referred to the fact that she feared being killed by her spouse, who had subjected the applicant to domestic violence during the marriage, including during the pregnancy with her daughter. The applicant had also indicated that she feared that her parents would kill her and her daughter, as the father was against the marriage and believed that the applicant had brought shame on the family.
Danish authorities considered her statements in regard to the alleged threats from her family to not be credible and the negative decision on asylum was upheld by the Refugee Appeals Board on 19 June 2019 and ordered their return to India. The Board also noted that the applicant’s statements regarding the alleged incidents of violence in India were contradictory, as were her statements regarding her contact with her family.
The applicant H.K. claimed before the UN CRC that S.K.’s life would be in imminent danger if she were to be removed to India in violation of her rights under articles 3 and 22 of the Convention, due to the threats that her husband has made against her and S.K., his abuse during the pregnancy and because of the lack of practical and legal opportunities for her to sufficiently protect her daughter against her husband.
The UN CRC noted that, in its decision of 19 June 2019, the Refugee Appeals Board examined the applicant’s claims and accepted her claim that she had been subjected to gender based violence by her husband during their stay in Denmark. The Board however found that the applicant would have access to State protection in India, in case of need, through the Nirbhaya Centres for victims of domestic violence.
The Committee reiterated its concluding observations on the consolidated third and fourth periodic reports of India where it expressed deep concern about the discrimination against girls and women in India and the persistent patriarchal attitudes and deep-rooted stereotypes and practices that perpetuate discrimination against girls. The Committee also reiterated its concern regarding reports of widespread violence, abuse, including sexual abuse, and neglect of children in India and that country reports have expressed serious concerns about the lack of implementation of the Protection of Women from Domestic Violence Act and about the deeply entrenched patriarchal attitudes of police officers, prosecutors, judicial officers and other relevant civil servants, with regard to the handling of gender based violence cases, contributing to victims not reporting, withdrawing complaints and not testifying.
In view of the abovementioned concerns, the Committee concluded that Denmark failed to adequately and primarily consider the best interests of the child when assessing the applicant’s and her daughter’s asylum request and failed to protect S.K. against a real risk of irreparable harm in returning her to India in violation of S.K.’s rights under articles 3, 6, 22 and 37 (a) of the Convention.