The 22nd Law Commission, addressing the challenges faced by Indian women deserted by their Non-Resident Indian (NRI) or Overseas Citizens of India (OCI) spouses, has proposed crucial amendments to ensure the registration of marriages for all NRIs and OCIs. In its latest report, the commission advocates for mandatory marriage registration, introducing a new procedure for NRI marriages. This procedure entails notifying the district marriage officer, with a 30-day display period for potential objections to the union.
The commission’s 287th report recommends revisions to the pending Registration of Marriage of Non-Resident Indians Bill, 2019 (NRI Bill), encompassing OCIs alongside NRIs. It introduces several provisions, including penalties for unregistered divorces, regulations on maintenance and child support, and enforcement mechanisms for warrants and summons. These recommendations aim to address the escalating cases of fraudulent marriages, particularly affecting women, who often find themselves abandoned or exploited due to false promises made by NRI and OCI spouses.
Prompted by a reference from the Ministry of External Affairs, the report aims to supplement ongoing parliamentary discussions on the NRI Bill. It emphasises the vulnerability of women lured into marriages with NRIs and OCIs, enticed by promises of social security and opportunities, yet left unprotected in foreign lands. To mitigate these risks, the commission suggests amendments to the Passport Act, 1967, mandating the declaration of marital status in passports. Additionally, it proposes the establishment of a dedicated division within the Ministry of Home Affairs or External Affairs to oversee NRI and OCI marriages, enhancing accountability and safeguarding the interests of affected individuals.
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