17th February 2024 (9 Topics)
Compulsory Registration of NRI Marriages in India
Context
In response to the growing concern over deceptive marriages involving Non-Resident Indians (NRIs) and Indian citizens, the Law Commission of India has put forth a set of recommendations aimed at safeguarding the interests of Indian spouses and preventing fraudulent unions.
Key Point
- The central proposal centred on mandatory registration of all marriages between NRIs/OCIs (Overseas Citizens of India) and Indian citizens within India.
- This move seeks to address the rising trend of deceptive marriages, which often leave Indian spouses, particularly women, in vulnerable situations.
- By ensuring compulsory registration, the legal system can better protect the rights and well-being of those involved.
Challenges Faced by Indian Spouses
- Fraudulent marriages involving NRIs often unfold under false assurances, misrepresentations, and other deceptive practices.
- These unions can lead to distress for the Indian partner, especially when pursuing legal remedies becomes difficult due to complex legal aspects across multiple jurisdictions.
- Financial exploitation and abandonment further exacerbate the challenges faced by Indian spouses.
Key Recommendations
- Comprehensive Legislation: The report recommends that the existing NRI Bill 2019 be made more comprehensive. It should apply to all individuals falling within the definition of Overseas Citizens of India as outlined in Section 7A of the Citizenship Act. The goal is to include as many people as possible and prevent technical limitations from undermining the legislation’s purpose.
- Registration for NRI/OCI Spouses: Any Indian citizen who subsequently becomes an NRI or OCI should mandatorily register their marriage if it hasn’t been done already. Registration serves as an essential record and allows the Ministry of Home Affairs to access relevant information.
- Penal Provisions: To ensure compliance and prevent misinformation, the proposed NRI Bill should incorporate penal provisions. These may include measures such as suspending passports and travel documents for non-compliance.
- Amendments to Passports Act: The Passports Act, 1967, should be amended to require the declaration of marital status and the linking of a spouse’s passport with the other. Additionally, the marriage registration number should be mentioned on passports.
- Domestic Jurisdiction: Domestic courts should have the authority to address and resolve issues arising from such marriages. This ensures that legal remedies are accessible and effective.
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NRI (Non-Resident Indian): Indian citizen residing outside India for at least 182 days in the previous year or been in India for 60 days or more in the previous financial year in addition to having lived there for 365 days or more in the preceding 4 years.He/ She can invest in India and hold NRI accounts. PIO (Person of Indian Origin): Foreign citizen with Indian ancestry or former Indian citizenship. Eligible for OCI card and can hold foreign passports. |
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