Indian Diaspora is a common term used for addressing people who have migrated from the territories of India. It comprises NRIs (Non-resident Indians) and PIOs (Persons of Indian origins). It is estimated that the Indian Diaspora is to be over 30 million, spreading across more than 200 countries. It is reported, that the Indian Diaspora is estimated to be the second largest in the world having diversified global presence. The other class i.e. persons of Indian origin (PIOs) are estimated to be another 15 million people. These include people in the old Diaspora making up a substantial part of the local population in Mauritius, Fiji, Trinidad and Tobago, Guyana, Suriname, Reunion Island, and to a much lesser extent in South Africa, Kenya and Uganda. NRIs and PIOs make up the Indian Diaspora of around 30 million people, with United States hosting the largest stock . In addition to the United States; Mexico is being the most important Diaspora destination after United States.
Other than US, the Indian Diaspora is also concentrated in the region of Middle East, Canada, Singapore, Hong Kong, Malaysia, and South Africa. According to the released report of the United Nations, India is a leading country of origin of international migrants in 2019 with a 17.5 million strong Diaspora, the number of migrants globally reached an estimated 272 million. In 2019, with 17.5 million persons living abroad, India was the leading country of origin of international migrants and
hosted 5.1 million international migrants in 2019. International migrants as a share of total population in India were steady at 0.4 per cent from 2010 to 2019.
The Overseas Indians irrespective of their status have apparently tasted economic achievement and attained certain social and cultural eminence globally. Among the Overseas Indians are also those whom the foreign countries have picked and chosen for the purpose of higher studies and/or work, but also those who are born of Indian parents migrated there. Punjab itself contributes a majority to the 25-million NRI population living abroad. The nuptial alliances with Overseas Indians have witnessed a phenomenal increase.
OBJECTIVE OF STUDY:
The main objective of the study is
a. To explore the problems of desertion of married women by non-resident Indians in various states in India and
b. To Identify the various rehabilitation needs of the deserted women both in terms of psychological counselling, economic support, legal aid, social support etc
c. To suggest suitable strategies to provide justice to the victims, besides suggesting measures to control the fraudulent marriages.
d. The necessity of passing the NRI Marriage registration bill due to numerous complaints received from Indian nationals’ women deserted or harassed by their Non-Resident Indian Spouses.
RESEARCH QUESTIONS& METHODOLOGY USED:
a. To identify the different types of fraudulent NRI marriages
b. To identify the factors leading to the desertion and divorce of married women by NRI husbands.
c. What Preventive measures can be undertaken for the partners seeking NRI marriage.
d. Whether the Registration of Marriage of Non-Resident Indian Bill, 2019 is sufficient to mitigate the problem?
The methodology used is doctrinal with analysis of data’s & records taken from various sources and Ministry of External Affairs.
Various literatures, suggestions and reports on ‘Problems relating to NRI Marriages ‘of the National Commission for women and the Standing Committee on the Empowerment of Women (2007) have been consulted. The report on ‘Need for Family Law Legislations for Non-resident Indians’ of the 18th Law Commission of India (2009, Report No. 219) and important cases have been referred to. Some articles from journals and data taken from electronic sources like the Statesman, Deccan Herald, Indian Express, and Hindu have been referred to in the study. The paper has been divided into three parts: the introductory parts deals with the general meaning and types of NRI marriages. The second part deals with the problems and complaints. While the third part deals with the proposed legislation which is pending since long.
NON RESIDENT INDIAN (NRI) & NRI MARRIAGE:
The term ‘Non-Resident Indian’ is a new coinage of the post-independence era. In the past, Indians migrated to foreign lands for different reasons and acquired citizenship of the country of their domicile. These ‘Persons of Indian Origin–PIOs’ are now known as ‘Overseas Citizens of India (OCI)’ as defined under Citizenship (Amendment) Act, 2005. The word NRI was not defined anywhere in Indian laws directly, but it was explained by other ways in income tax act and FEMA Act. In normal parlance, Non Resident Indian is a citizen of India who stays abroad for employment or carrying on business or stays abroad for uncertain period under certain circumstance.
Non Resident Indian marriages may be between Non-resident Male and an Indian Female:-
1. Non-resident female and an Indian male.
2. Both the Indian spouses later on migrated to a foreign land either together or separately.
3. Both non-resident Indian spouses either marry under Indian marriage laws in India or in a foreign country.
4. An Indian spouse, male or female, marrying a foreign spouse either under Indian marriage laws in India or in a foreign country.
Mode of Matrimonial Alliance in NRI Marriages may be-
• Either through Family sources or caste based social links in India or abroad.
• By Matrimonial advertisements in the newspapers.
• By Internet mode with broadband facilitated direct interview or exchange of personal particulars.
• Personal or professional contact/friendship etc.
TYPES OF FRADULENT NRI MARRIAGES & ISSUES:
Violence against women is manifested in different forms such as harassment by NRIs to their wives, social violence against widows in the form of psychological and physical violence by alcoholic/addict husbands to their wives, rape, sexual abuse, sexual harassment at workplace, dowry death, suicide, female foeticide and female infanticide etc.The list is endless.
As per an estimate, India has more than 50,000 registered cases against NRI husbands Out of which ,many of these deserted brides are not even aware how to initiate action against their NRI husbands. Fraudulent NRI marriages are broadly categorised into several categories. In the first instance, the NRI groom comes for bride-hunting to India with the hidden aim is to make money. In the first instance, the prospective overseas groom holds out the lure for a better quality of life and enhanced social prestige to the bride’s family. The NRI bridegroom marries an Indian girl, takes a certain amount of money as dowry, and ultimately flies away abroad leaving behind his wife in India. Such NRI husbands have a tendency to hide their foreign spouse and later abandoned the Indian wife. As per the report of 2019, at least 36 cases with regard to disputes in NRI marriages were reported in one year’s time to the Commission in Telangana. In fact, the State ranks 5th worst in country — after Uttar Pradesh, Delhi, Maharashtra, and Haryana — when it comes to women’s security in NRI marriages. Most of these NRI from the states have a high demand in the marriage market and these marriages are arranged through marriage brokers through advertisements in the press and electronic media. Most of these marriages take place within a short period of time. Hence, bride’s parents may not be able to collect full information about the groom’s status abroad, and are likely to be duped.
In the eagerness not to let go of such a match, the parents of such brides totally ignore even the common cautions that are observed in traditional matchmaking.
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