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Introduction

In the past few decades, the worldwide population of Non-Resident Indians (NRIs) has grown dramatically, with millions living around the world. This diaspora plays an important role in the global economy, contributing significantly to India’s growth and development through remittances, investments, and knowledge transfer. However, despite their significant contributions, NRIs frequently encounter property disputes, marriage troubles, and inheritance issues in India. To overcome these issues and provide adequate legal redress for NRIs, the Law Commission of India has advocated mandating NRI registration. Concerned about the growing number of fraudulent marriages between Non-Resident Indians (NRIs) and Indian nationals, the Law Commission has proposed a comprehensive law requiring the mandatory registration of such marriages.

Law report committee

The report titled “Law on Matrimonial Issues Relating to Non-Residential Indians and Overseas Citizens of India” has been prepared by Chairperson Justice Ritu Taj Awasthi, members Justice KT Sankaran, Prof Dr. Anand Paliwal, Prof DP Verma, member secretary Dr Reeta Vasishta, ex-officio member Dr Rajiv Mani and part-time members Mr M Karunanithi and Prof Dr. Raka Arya. In its 287th report, the Law Commission of India suggested obligatory registration of marriages between non-resident Indians/Overseas Citizens of India and Indian nationals. The panel has also suggested modifications to the Registration of Marriage of Non-Resident Indians Bill, 2019, to make it more comprehensive and address all aspects of marriage involving the parties.

Law commission report

The commission consequently proposed that the NRI Bill 2019 be broad and apply to all individuals who meet the definition of Overseas Citizen of India as outlined in Section 7A of the Citizenship Act. The commission believed that the term should cover as many persons as possible, and that technical requirements resulting from a narrowed meaning should not be used to undermine the proposed legislation’s aim. In terms of registration, the commission suggested that any married Indian citizen who later becomes an NRI/OCI must register his or her marriage if it has not previously been done. The commission believed that registration helped to create a record and would make those records available to the Ministry of Home Affairs. In addition, to ensure registration and prevent disinformation, the commission suggested introducing criminal elements in the new NRI Bill, such as the suspension of passports and travel papers. It was also suggested that the Passports Act be modified to require mandatory reporting of marital status and the connection of one spouse’s passport with the other. The commission advised establishing a separate branch within the Ministry of Home Affairs or the Ministry of External Affairs to function as a registry for NRI marriages.

The commission stated that NRI marriage details available with the registry should be made available on the online portal, which will also be open for inspection upon application. However, the portal will not be publicly accessible due to the possibility of misuse and other privacy concerns. The commission also proposed that the legislation address issues like as custody, rehabilitation, and child care for the deserted spouse, as well as provisions governing court jurisdiction, summons service, and so on. The panel highlighted that there was now a legal gap regarding the serving of summons, warrants, and judicial documents to NRIs/OCIs living overseas, as this was not addressed in the criminal procedure legislation. As a result, the commission proposed including mechanisms to ensure that defaulting NRI/OCI appear before Indian courts in marriage cases. It was also proposed that domestic courts be given jurisdiction to address and resolve marriage-related issues in order to provide fair and just dispute resolution. The courts could apply the principles of comity and reciprocal arrangements outlined in Section 44A of the CPC to regard foreign decrees with the same enforceability as if they were issued locally.

The Commission noted that desertion of married women by NRIs and victims of domestic violence in other countries is a serious problem. “They often endure financial and physical exploitation by their NRI spouses, and yet ironically, in the absence of a dedicated legal framework, victims have no legal protection. Additionally, they encounter numerous legal hurdles concerning private international law, including jurisdictional matters, service of notice, and enforcement of orders and decrees,” it said. [1]

Conclusion

In brief, the proposed mandate for NRI registration is an important step toward addressing NRIs’ particular legal issues and improving their participation with India. By establishing a centralized database and formalizing legal procedures, India may enhance its relationship with the diaspora and capitalize on their potential for mutual benefit. As India grows as a global economic powerhouse, it is critical to implement progressive policies that promote equality, transparency, and legal clarity for all stakeholders, including the NRI population.

[1] https://www.deccanherald.com/india/all-marriages-between-nris-and-indian-citizens-should-be-made-compulsorily-registered-in-india-law-commission-2897701