Nithyakalyani Narayanan. V
Under the direction of Justice (Retd.) Ritu Raj Awasthi, the 22nd Law Commission of India has released an extensive report that discusses the complications of marriage conflicts involving Non-Resident Indians (NRIs). The report underscores the pressing necessity for legal reform aimed at safeguarding persons, particularly women, against deceitful marriages and desertion.
The Commission noted that dishonest tactics such as misrepresentation, false promises, and abandonment are frequently connected to these fraudulent unions, which upsets the Indian partners. These marriages are international in nature, which increases vulnerability and makes it difficult for those who are impacted to seek support and legal remedies. The report explains that such couples encounter a variety of difficulties, including financial exploitation and complicated legal issues involving several jurisdictions.
The Registration of Marriage of Non-Resident Indians Bill, 2019, which the government submitted in the Rajya Sabha on February 11, 2019, has been thoroughly examined by the Law Commission before recommendations are made. The commission suggested that the aforementioned legislation should include Overseas Citizens of India (OCIs) and Non-Resident Indians (NRIs) in its purview.
Other key recommendations are:
- Making NRI marriages in India mandatory within a certain amount of time.
- To improve accountability and transparency in NRI marriages, the Passports Act, 1967, should be amended to mandate the disclosure of marital status, connect spouses’ passports, and include the Marriage Registration Number on the passports.
- All-encompassing laws include matters like divorce, spousal maintenance, child custody and support, serving summonses, warrants, or court papers on NRIs and OCIs, etc.
- Giving authorities the authority to cancel NRIs’ passports when they disobey court orders.
Furthermore, it is recommended that the government collaborate with women’s commissions and non-governmental organisations to organise information campaigns about the legal and personal rights of individuals getting married to NRIs or OCIs.