Monday, December 23, 2024

Law Commission will examine and strengthen framework for NRI marriages

 The objective is to comprehensively examine and fortify the legal framework governing such marriages, considering both international public law and private laws

PRAVASISAMWAD.COM

The Ministry of External Affairs (MEA) has taken a proactive step towards addressing the challenges associated with Non-Resident Indian (NRI) marriages by enlisting the support of the Law Commission of India. The objective is to comprehensively examine and fortify the legal framework governing such marriages, considering both international public law and private laws, as reported by ddnews.gov.in.

The discussions between the MEA and the Law Commission are geared towards identifying and rectifying the deficiencies within the existing legal landscape that contribute to the pressing issues faced by partners, particularly brides, in NRI marriages. Among the foremost concerns are instances of abandonment and other marital problems that Indian women married to overseas Indians encounter. To address these issues, the Law Commission is at the initial stages of formulating a robust framework that not only addresses existing challenges but also aims to close any potential loopholes that wrongdoers might exploit.

A key aspect of this initiative involves a thorough examination of procedural requirements within the judicial system, emphasizing the need for a more efficient and responsive legal mechanism. The Law Commission will scrutinize the 2019 bill related to the registration of NRI marriages and the Foreign Marriage Act, ensuring that these legislative instruments are equipped to deal with the complexities of cross-border marriages.

The collaboration between the MEA and the Law Commission of India signifies a dedicated effort to strengthen the legal framework surrounding NRI marriages, providing a comprehensive and responsive approach to address the multifaceted challenges faced by individuals in such unions

The MEA has been inundated with complaints related to NRI marriages, including problems such as abandonment, delays in visa sponsorship, communication breakdowns, harassment by spouses and in-laws, unilateral divorce, and issues concerning child custody. In response to these challenges, the ministry, in collaboration with its Missions/Posts, provides crucial support to affected Indian women. This support includes counseling, guidance, and information on legal procedures. To address grievances more effectively, walk-in sessions and open-house meetings are conducted, with a particular focus on women.

The MEA utilizes platforms such as MADAD and CPGRAM to handle these issues efficiently. Additionally, Indian Missions and Posts maintain a 24×7 helpline for emergencies, extending assistance through various social media platforms. Financial and legal aid is made available through the Indian Community Welfare Fund (ICWF) for distressed NRI women, in accordance with MEA guidelines.

The collaboration between the MEA and the Law Commission of India signifies a dedicated effort to strengthen the legal framework surrounding NRI marriages, providing a comprehensive and responsive approach to address the multifaceted challenges faced by individuals in such unions.

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Shivank S Singh
Shivank S Singh
(The author is a Law Student at Jindal Global Law School. The views expressed are his own.)

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