Compulsory registration of marriages including between Non-Resident Indians (NRIs) or Overseas Citizens of India (OCIs) and Indian citizens in India has been recommended by the Law Commission to the Union government.
Key issues:
- The commission expressed concerns over deceptive marriages that put Indian spouses, particularly women, in precarious situations.
- At present no specific legislation governs marriages with NRIs, and there is no central law mandating the compulsory registration of marriages.
- The report addresses the complexities surrounding matrimonial issues involving Non-Resident Indians (NRIs) and Overseas Citizens of India (OCIs) and provides recommendations for a comprehensive legal framework.
Key recommendations:
Comprehensive Legislation:
- Urges the enactment of a comprehensive central legislation covering all aspects of marriages between NRIs/OCIs and Indian citizens.
- Advocates the applicability of the legislation to both NRIs and individuals falling within the definition of Overseas Citizens of India (OCIs) as per Section 7A of the Citizenship Act, 1955.
Compulsory Registration:
- Recommends compulsory registration of all marriages between NRIs/OCIs and Indian citizens in India.
- Alternatively, suggests making it mandatory for Indian citizens who become NRI/OCI to register their marriages.
Legal Provisions:
- Proposes inclusion of provisions in the legislation for divorce, maintenance of spouse, custody and maintenance of children, serving of legal documents on NRIs/OCIs, etc.
- Recommends provisions for conclusive evidence against NRIs who do not respond to summons in marriage-related disputes.
Amendments in Passports Act, 1967:
- Recommends amendments to the Passports Act, 1967, making it mandatory for NRIs/OCIs to declare their marital status.
- Suggests linking spouses’ passports and mentioning the Marriage Registration Number on both spouses’ passports.
Special Registry and Division:
- Recommends creating a separate division in the external affairs ministry to serve as a registry for NRI and OCI marriages.
Awareness Programs:
- Calls for collaborative efforts between the Government, National Commission for Women, State Commissions for Women, NGOs, and Indian associations abroad to conduct awareness programs for women and their families entering into marital relationships with NRIs/OCIs.
Non-Resident Indian (NRI):
- An NRI is an Indian citizen who has moved out of India.
- NRI stands for Non-Resident Indian.
An NRI is defined as:
- An Indian citizen who has stayed outside India for more than 182 days, or who intends to stay abroad for an unknown amount of time.
- A foreign citizen of Indian origin who has stayed outside India for more than 182 days, or who intends to stay abroad for an unknown amount of time.
- An Indian citizen who has lived in India for less than 182 days during the previous financial year.
- An individual who has left India to work, study, or live in another country.
Overseas Citizen of India (OCI):
- An Overseas Citizen of India (OCI) is a category of person who is a foreign national of Indian origin and is granted certain privileges in India.
Eligibility:
- Individuals who were citizens of India at the time of, or at any time after, the commencement of the Constitution of India (January 26, 1950), or Individuals who belonged to a territory that became part of India after August 15, 1947.
- Spouses of foreign origin of Indian citizens or OCI cardholders are eligible to apply for OCI.
- Minor children of Indian citizens or OCI cardholders are eligible to apply for OCI.
Benefits of OCI:
- An OCI cardholder is not a citizen of India, but they are granted certain rights and privileges that are not available to foreign nationals.
- OCI cardholders can travel to India without requiring a visa for an unlimited duration.
- They are exempt from registering with the local police authorities for any length of stay in India.
Restrictions:
- OCI cardholders do not have voting rights in India.
- They cannot hold certain constitutional positions in India, like the President, Vice President, Judge of the Supreme Court or High Court, etc.
- OCI does not confer the right to acquire agricultural or plantation properties in India.
Ref: Source
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