Separate law on marriages with NRIs
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AARTI DHAR:
Expressing concern over the rising
incidence of fraudulent marriages of Indian girls with non-resident Indian (NRI)
men, a Parliamentary Standing Committee has recommended that the government
enact a comprehensive legislation or suitably amend existing laws for the
protection of women against malicious NRI marriages.
In its report on “Problems relating to Overseas Indian Marriages:
Scheme for providing Legal/Financial Assistance/ Rehabilitation to Indian Women
deserted by their Overseas Indian Spouses”, the Parliamentary Standing Committee
on External Affairs has said that a special NRI matrimonial law that deals
comprehensively with marriage, divorce, maintenance, child custody and related
issues would provide the distressed and abandoned brides with much needed
remedial armour.
Tabled in Parliament on Tuesday, the report said amending current
laws and introducing new rules and regulations would help victims of NRI
marriages reclaim their fundamental rights to property, equality in marriage,
protection of family, freedom from inhuman or degrading treatment and above all,
dignity.
The Committee has said that more reciprocal bilateral treaties,
especially with countries with a large number of Indians who continue to be not
covered for automatic enforcement of foreign decrees, may be worked out.
It observed that a few States facing problems of NRI marriages
have made the registration of marriages compulsory and the government has also
introduced the Registration of Births and Deaths (Amendment) Bill 2012, in the
Rajya Sabha. The Amendment Bill provides for compulsory registration of
marriages without affecting in any manner the State law making provisions for
compulsory registration of marriage in their respective States. “The Committee,
however, have desired that certificates of NRI marriages issued by the States or
under the proposed Act must include the security number of the foreign home of
the NRI husband along with the passport number and relevant details in brief.”
To make it more effective, the photocopy of the valid passport of
the NRI husband should be pasted in the marriage register maintained with the
authorities before marriage certificate is actually issued to the parties.
Pasting of mandatory certificate of marriage on the wife’s passport may
certainly provide documentary evidence and proof of her marriage, on being
abandoned. The report also suggests that no NRI marriages should be registered
without the presence of bride and the bridegroom.
The panel has found that in the name of complexity of the matter
and involvement of international protocol and jurisdiction issues and role of
State Governments, the Ministries/organization of the Central Government have
not paid the desired attention to develop a system to support the abandoned
women. The Committee felt that providing legal, financial and other required
assistance to the victims and the sensitization of various authorities in
foreign land as well as local authorities particularly the police are very vital
in such situation.
( Courtesy :
http://www.thehindu.com )
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