Focusing on the plight of Indian women who have been deserted by their spouses who are Non-Resident Indians (NRI) or Overseas Citizens of India (OCI), the 22nd Law Commission has recommended making the registration of marriage mandatory for all NRIs and OCIs in its latest report. This report also recommends a new procedure for registering marriages with NRIs, which includes giving notice to the district Marriage Officer which will then be displayed for 30 days for anyone who would want to object to the wedding. The commission, in its 287th report, proposes making these changes by revising the pending Registration of Marriage of Non-Resident Indians Bill, 2019 (NRI Bill). The recommended changes would result in the inclusion of OCIs along with NRIs and include a number of new provisions along with mandatory registration. These include provisions relating to the punishment for failing to register divorce, maintenance, child support, the service of warrant and summons as well as the punishment for failing to comply with this service. This report was published in response to a reference from the Ministry of External Affairs on April 10 last year, in order to supplement the ongoing deliberations regarding the NRI Bill in Parliament. The Law Commission highlights the increase in instances of fraudulent marriages where women in particular get married to NRIs and OCIs on the basis of false promises and end up abandoned or financially exploited. The report notes that these women are often left without legal recourse as the anticipation of greater social security, educational opportunities and professional growth often results in hasty marriages without proper registration or verification of the NRI spouses’ claims. As a result, the report states that women are exposed to risks like desertion, domestic violence and isolation from any form of social or familial support while residing in a foreign country. Along with the expansion of the NRI Bill, 2019, the Law Commission recommends amending the Passport Act, 1967, to require a declaration of marital status in a person’s passport. It also suggests the creation of a separate division in the Ministry of Home Affairs or External Affairs to serve as a registry for NRI and OCI marriages.
