Draft convention proposed to help divorced NRI women

New Delhi, Sep. 19, 2004
PTI

The National Commission for Women (NCW) proposes a convention to help women faced with problems in their marriage to non-resident Indians (NRI)

The National Commission for Women (NCW) has submitted a draft convention to the government on non-resident Indian (NRI) marriages. The draft convention, or bilateral agreement, aims at making foreign divorce decrees admissible in Indian courts, to enable divorced women to claim custody of their children and marital property. The convention was proposed keeping in mind an alarming increase in the number of cases of desertion of women by their NRI husbands.

The convention, submitted to the ministries of external affairs and overseas Indian affairs, can be signed with other countries to eliminate the legal hurdles faced by women in getting custody of their children or maintenance in case of separation.

The draft agreement was sent to the government along with a report ‘NRI marriage problems’ that was formulated after a series of public hearings in Punjab, Haryana, Andhra Pradesh, Rajasthan and Kerala. It was recommended that India sign the convention with those countries with large NRI populations.

“Legislation could have been enacted to recognise foreign decrees. But making a law takes time, which is why we have proposed this convention to the government. The convention, by covering not just NRI marriages but those involving a foreign spouse, could be a safeguard to girls from poor families, in places such as Maharashtra, Andhra Pradesh and Kerala, who are married to Arab nationals,” says NCW chairperson Poornima Advani.

The NCW has called for deputing officers at Indian embassies to provide aid to women facing problems in their NRI marriages. The commission also recommended compulsory registration of all NRI marriages and suggested the creation of a government agency to register such marriages.

It further recommended opening a special cell for problems related to NRI marriages in the ministry of external affairs and the ministry of overseas Indian affairs, and suggested scrapping dual citizenship for defaulting NRI spouses.

Meanwhile, the government, which has already taken note of the commission’s recommendations, has appointed special welfare officers at Indian embassies in several countries to deal with problems related to NRI marriages.