Law Commission seeks comprehensive law to safeguard Indian spouses in NRI marriages
The Law Commission of India has submitted a report to the Government of India, proposing comprehensive legislation to address the growing concerns surrounding matrimonial issues involving Non-Resident Indians (NRIs) and Overseas Citizens of India (OCIs).
FollowIn a bid to tackle the growing concerns surrounding matrimonial issues involving Non-Resident Indians (NRIs) and Overseas Citizens of India (OCIs), the Law Commission of India has submitted a detailed report titled "Law on Matrimonial Issues Relating to Non-Resident Indians and Overseas Citizens of India" to the Government of India. Chaired by Justice Ritu Raj Awasthi, the Law Commission embarked on an exhaustive study of existing laws pertinent to matrimonial issues, including the NRI Bill of 2019. The report underscores the pressing need for a comprehensive central legislation framework capable of addressing the multifaceted dimensions of marriages involving NRIs, OCIs, and Indian citizens.
Of particular concern to the Commission is the alarming rise in cases of fraudulent marriages involving NRIs, often leaving Indian spouses, especially women, vulnerable to exploitation and abandonment. The report advocates for stringent measures to safeguard the interests of Indian partners, proposing mandatory registration of all marriages between NRIs/OCIs and Indian citizens within the country. This, it argues, would ensure transparency and legal recourse for individuals embarking on such unions.
In addition to advocating for legal reforms, the Commission has proposed amendments to the Passports Act of 1967. These amendments would mandate the declaration of marital status, linking of spouses' passports, and the inclusion of marriage registration numbers on both passports. Such measures are seen as crucial steps towards enhancing accountability and preventing fraudulent practices in marital relationships involving NRIs and OCIs.
Recognizing the need for widespread awareness and education on this issue, the Commission has called for collaborative efforts between governmental bodies such as the National Commission for Women, State Commissions for Women, NGOs, and Indian associations abroad. Through targeted awareness programs, the aim is to empower women and their families with the knowledge and resources needed to make informed decisions regarding matrimonial alliances with NRIs and OCIs.
Moreover, the report underscores the importance of ensuring effective legal remedies for individuals facing disputes arising from marriages with NRIs and OCIs. It emphasizes the jurisdiction of domestic courts to address and resolve such issues, advocating for the fair and just resolution of disputes through the local legal system.
Overall, the recommendations put forth by the Law Commission seek to address the complexities and challenges inherent in marriages involving NRIs and OCIs. By advocating for legislative reforms, awareness campaigns, and legal safeguards, the Commission aims to provide greater protection and support to individuals navigating matrimonial relationships in the context of global mobility and diasporic ties.
