It sometimes surprises why a law to rein in frauds in marriages has not been firmed up, yet, given that so many lives of the girls are ruined after their overseas husbands desert them, or found to be married to someone else in the foreign country.

Records show, Government itself had told Parliament in 2019 that more than 6000 women have reported being deserted by their NRI husbands in preceding four years. Fortunes of these helpless women have not changed since then in absence of law that probably does not require a discussion of even one day in Parliament for passing.

However, heartening news is that just recently the Law Commission of India submitted its recommendations on “Registration of Marriage of Non-Resident Indians Bill” brought in by government in 2019 which has been shuttling between several committees for five years.

The Commission calls for compulsory registration of marriage not only for NRIs but also for OCIs, the Overseas Citizens on India who are likely never to return to India.

The 89-page report goes at length examining the existing loopholes, gaps in provisions, especially those exploited by offenders to evade deportation and face the law of the land.

“The rising occurrence of fraudulent marriages involving Non-Resident Indians (NRIs) marrying Indian partners is a worrisome trend. Several reports highlight an increasing pattern where these marriages turn out to be deceptive, putting Indian spouses, especially women, in precarious situations. Deceptive practices like false assurances, misrepresentation, and abandonment are commonly associated with these fraudulent unions, causing distress to the Indian partners,” the Commission headed by Justice Ritu Raj Awasthi notes.

“The inter-country nature ofthese marriages further intensifies the vulnerability, making it challenging for affected individuals to pursue legal remedies and support. Challenges such as financial exploitation and the complex legal aspects across multiple jurisdictions contribute to the hardships faced by those involved in such marriages,” Justice Awasthi adds.

The Commission says that the proposed NRI Bill 2019 “should be comprehensive enough to cater to all facets involving marriages of NRIs as well as foreign citizens of Indian origin with that of Indian citizens.”

“Such a legislation should be made applicable not only to the NRIs but also to those individuals who come within the definition of ‘Overseas Citizens of India’ (OCIs),” the Commission says.

“It is further recommended that all marriages between the NRls/OCls and Indian citizens should be made compulsorily registered in India. The said comprehensive central legislation should also include provisions on divorce, maintenance of spouse, custody and maintenance Of children, serving of summons, warrants, or judicial documents on the NRls/OCIs,” the Commission adds.

The Commission calls for updating of passports with some compulsory entries that will not let the offender use it as instrument to escape.

“Requisite amendments need to be introduced in the Passports Act, 1967 in order to mandate the declaration of marital status, the linking of a spouse’s passport with the other and mentioning of the Marriage Registration Number on the of both the spouses,” the Commission recommends.

Government in the past has cancelled the passport of some offenders but that was more of invoking its extraordinary powers rather than any provision for the same in passport rules. The Commission wants such provision to be incorporated in the format of passport itself.

Some noteworthy passages in report on passport rules:

• Amendments should be made in the Passports Act, 1967 and the Code of Criminal Procedure, 1973 to provide safeguards to the legal rights … by making the registration of the NRI marriages compulsory and revoking or impounding the passport, legalizing service of E-summons and attachment of property of the delinquent individuals.
• Necessary amendments in the Passports Act, 1967 be introduced to mandate the declaration of marital status and the linking of a spouse’s passport with the other. There shall be a separate column provided therein for mentioning their Marriage Registration Number. A separate division within the Ministry of Home Affairs or the Ministry of External Affairs may also be created which will serve as a registry for NRI marriages, All the information available with the registry should also be made available on an online portal.
• There is a need to make the procedure of registration certificate more effective in the case of NRI marriages. The photocopy of the passport of the NRI husband may be pasted in the marriage register maintained with the authority before the marriage certificate is actually issued to the parties. A mandatory pasting of marriage certificate on the spouse’s passport will certainly provide a documentary evidence and a proof of her marriage on being abandoned

States like Punjab are full of tragic stories of ruined homes, of deserted bride and families who have resigned to fate in absence of any law. Extended years of delay in struggle for justice itself often destroys the very logic of restoring broken marriages and move on with a family life. That is another matter that despite rising unemployment in foreign lands, lack of jobs, no place to live, rising crime, gangster violence, it has not deterred families hedging for “NRI groom only.” 

Nevertheless, one hopes this Bill goes back to Parliament for passing this session itself, with Commission’s recommendations accepted in toto. There can not be any party politics on this, and it is highly unlikely anyone will oppose it. All parties should shun their demonstrations and protest programmes for one day, sit together and pass the bill.