iNDICA NEWS BUREAU-
Concerned over increasing instances of fraudulent and abusive marriages between NRIs and Indian citizens, the Law Commission of India has recommended that all marriages between Non-Resident Indians (NRIs) or Overseas Citizens of India (OCIs) and Indian citizens should be compulsorily registered in India.
The commission has also suggested the formulation of a comprehensive law to deal with cases of sham marriages and that a separate division in the external affairs ministry should be set up to act as a registry for NRI and OCI marriages.
The 22nd Law Commission of India submitted its Report No. 287 titled “Law on Matrimonial Issues Relating to Non-Resident Indians and Overseas Citizens of India” to the Government of India on February 15, 2024. The report was drawn up after the commission received a reference for the examination of the Registration of Marriage of Non-Resident Indians Bill, 2019 (NRI Bill, 2019) from the Ministry of External Affairs.
In November 2023, the external affairs ministry asked the Law Commission to examine and strengthen the laws for marriages between NRIs and Indian citizens and analyze the lacunae in present rules that lead to problems like marital frauds, and abandoning partners, especially brides.
After conducting an in-depth study of the laws, the Commission suggested that the proposed central legislation should be comprehensive enough to cater to all facets involving marriages of NRIs as well as foreign citizens of Indian origin with Indian citizens. “The rising occurrence of fraudulent marriages involving Non-Resident Indians (NRIs) marrying Indian partners is a worrisome trend. Several reports highlight an increasing pattern where these marriages turn out to be deceptive, putting Indian spouses, especially women, in precarious situations,” the commission noted.
The “legislation should be made applicable not only to the NRIs but also to those individuals who come within the definition of ‘Overseas Citizens of India’ (OCIs) as laid down under Section 7A of the Citizenship Act, 1955. It is further recommended that all marriages between the NRIs/OCIs and Indian citizens should be made compulsorily registered in India,” the law panel’s report said. “Alternatively, it may be provided in the legislation (the pending NRI marriages bill) that if any married Indian citizen subsequently becomes an NRI/OCI, it shall be mandatory for him/her to get his marriage registered.”
“The comprehensive central legislation should also include provisions on divorce, maintenance of spouse, custody, and maintenance of children, serving of summons, warrants, or judicial documents on the NRIs/OCIs, etc,” the commission’s report stated. “In case an NRI does not respond to summons issued in a case related to a dispute in his marriage, then the details can be made public by uploading them to a designated website of the external affairs ministry. These can serve as conclusive evidence against the NRI and if he ignores repeated summons, the person can be deemed as a proclaimed offender,” it added.
“It is recommended that requisite amendments need to be introduced in the Passports Act, 1967 to mandate the declaration of marital status, the linking of a spouse’s passport with the other and mentioning of the Marriage Registration Number on the passports of both the spouses,” the report said.
The commission has also recommended that the Indian government, in collaboration with the National Commission for Women and the State Commissions for Women in India and the NGOs and Indian associations abroad, should conduct awareness programs for women and their families who are about to enter into a marital relationship with NRIs/OCIs.
