NEW DELHI, INDIA, September 21, 2006: State governments have stepped up to the plate to try to offer assistance to Indian women who have had their marriages annulled by divorce decrees in other countries. So far the states of Gujarat, Haryana, Delhi, Maharastra, Andhra Pradesh and West Bengal have received more than 100 cases. The Government of India news release explains the scope of the problem, “The nature and dimension of such incidences varies but the central issue is ‘marriages to overseas Indians.’ The issue of marriages to overseas Indians has gained attention due to the growing number of cases of failed or fraudulent marriages. Marriages to overseas Indians are like any other marriages and may go through the same ups and downs. An important difference however is that the recourse to justice is constrained by the fact that these marriages are governed not only by the Indian legal system but also by the far more complex private international laws involving the legal system of the other country.”
A High Level Committee on the Indian Diaspora (HLCID) has made the following recommendations to state governments, “The problems of women married to and deserted by overseas Indian husbands reveal many causes like dowry and lack of modernization amongst rural brides to respond to the Western way of life. It has been reiterated that a separate Cell should be created by State Governments to ensure free legal and other for the prospective bride as well as her parents before the marriage. Besides, individuals and families are advised to check the overseas Indian groom’s voter registration card, social security number, employment record, tax returns and other relevant information pertaining to the three preceding years as this information would enable them to find out the financial and marital status of the proposed grooms. It has asked by the Marriage Registration Officer and visa authorities to attach an affidavit stating his current marital status. This information should be attached with the request for registration of marriage certificate.”
The National Commission for Women (NCW) in New Delhi has also prepared a report outlining the following recommendations, “Registration of marriage be made compulsory. Bilateral agreements for protection of such marriages be concluded between Indian and such other countries where the Indian Diaspora is in large numbers. If the NRI husband has not become a citizen of the country, in which he resides, concerned Indian laws to apply irrespective of the place of the filing of the petition for dissolution of the marriage. Government monitored conciliation process of settlement of matrimonial disputes be initiated. Suppression of information regarding marital status by NRI grooms to be dealt with under criminal law and steps taken through extradition treaties wherever operational.”
Some action has already been taken in this area. The National Human Rights Commission (NHRC) produced an Information Booklet that was distributed to state governments initially in October 2005 and a newly revised version was made available in February 2006. The Ministry for Overseas Indian Affairs has also released a pamplet specifically targeting parents of Indian girls who would like their daughters to marry NRIs.