Our overseas non-resident Indians (NRIs) have been impressing upon the Union Government to resolve various problems confronting them. On its part, the government holds the Pravasi Bhartiya Divas every year to take stock of their grievances. However, it is more a ritual to appease the NRI sentiment than to identify and tackle their problems on priority.
All that the NRIs want is a patient hearing by the government and effective, expeditious and timely resolution of their problems in India. Of course, having been accustomed to practical dispute resolution systems abroad, they draw parallels and baffled Indian authorities, in turn, offer instant out-of-the-box remedies to save face. The result is an avoidable mess.
Consider some examples. A distraught husband from Patiala settled in Australia litigates for divorce while his Tamil wife settled in Hong Kong petitions courts for maintenance and child custody. A separated US Green Card holder husband relocated in Mumbai sues for divorce while the US-based wife from Varanasi seeks child support and benefits sitting in the US. A separated NRI couple in the UK seeks the British court intervention to settle terms for children to visit India (with their mother) and ensure their return to the UK.
A divorced NRI husband in the US seeks child custody from mother resettled in Hyderabad. A harried British Asian Muslim husband in the UK seeks to dissolve Nikahnama contracted in Lucknow. An embittered Swiss father of Punjabi origin seeks quick dissolution of marriage solemnised in New Delhi. A traumatised Indian doctor in the UK seeks return of children removed to Gujarat by wife who has launched proceedings under the Domestic Violence Act in Satara. These are real-life professional encounters which defy legislative solutions.
Today, the huge Indian diaspora nearing 30 million in 130 countries abroad poses and exports from their foreign homes unique family law problems in the Indian domain which do not find ready answers in existing Indian matrimonial legislations. Hence, judicial innovation to carve out individual relief in distinct NRI family disputes has become imperative on a case-to-case basis. But these are not consistent statutory remedies.
Recent media reports reflect a new pitch and euphoria to generate overnight answers to these NRI problems. They range from creating an NRI Commission, constituting NRI Cells, deputing designated authorities for NRI problems and forming special NRI Committees. However, such half-baked administrative measures soon fade away and resurface with the NRIs’ participation in the Pravasi Bharatiya Divas in the following year. Unfortunately, the haunting ghosts return every year to resurrect with new dimensions.
The multifaceted problems of NRIs arise in the realm of validation and dissolution of marriages, enforcement of divorce decrees, maintenance obligations, matrimonial property regime, child custody/abduction, inter-country adoptions, testate/intestate succession, tenancy of property, land ownership, property investments and surrogacy issues. NRIs seek resolution of their problems from an Indian legal system not designed and created for resolving their new age issues.
Times have changed but statutory Indian laws have not kept pace. Most NRI problems do not even find definition or recognition in Indian laws. Our legislators have no time to amend them.
Against this background, measures such as NRI cells, commissions, committees or other bodies will not help. No such authority without statutory powers will have any credibility in the framework of the existing legal system. Parallel set-ups without statutory sanction are redundant. Such bodies will at best be recommendatory officers whose decisions will need judicial sanction. The aggrieved NRI or affected party will still need to invoke powers of a Court of Competent Jurisdiction for actual relief.
Accordingly, the government needs to seriously enact new laws or amend existing laws to define the NRI problems and prescribe solutions. One such notable example is found under Section 13 of The East Punjab Urban Rent Restriction Act, 1949. Its amendment in 2001 created a special class of NRI landlords who had a special right to recover immediate possession from tenants occupying their premises by a special summary procedure.
Likewise, in the family law arena, limping NRI marriages, abandoned spouses, abducted children, overseas adoption and surrogate relationships need statutory solutions. Family laws for NRIs need an exhaustive overhaul. Either all existing family law legislations should be amended or a single comprehensive Indian legislation should be enacted for all family-related legal problems of NRIs.
Similar is the situation in the field of property laws. Tenancy, succession, registration, investment and transfer of ownership of property form a bulk segment of NRI problems. But again, scattered, outdated legislations will serve no purpose.
Thus, there is a dire need for multiple amendments or for enacting a new NRI property law dealing with their problems comprehensively. Special legislative overhaul measures will fail if the legal system does not create or empower special courts to deal with these legal NRI issues. There is a need to evolve a complete responsive machinery with proper rules under the newly enacted or amended NRI laws.
The time has come for change. The answer lies in not creating cells or other toothless bodies but in enacting appropriate NRI laws, making corresponding procedural rules to implement them and vesting authority in competent courts to adjudicate NRI disputes. This alone can provide an effective remedy. This must be done on an all-India basis. Piecemeal state legislations will not do. Above all, there is need for a sincere commitment and resolve on the part of the government to enact or amend laws for NRIs.
All that the NRIs want is a patient hearing by the government and effective, expeditious and timely resolution of their problems in India. Of course, having been accustomed to practical dispute resolution systems abroad, they draw parallels and baffled Indian authorities, in turn, offer instant out-of-the-box remedies to save face. The result is an avoidable mess.
Consider some examples. A distraught husband from Patiala settled in Australia litigates for divorce while his Tamil wife settled in Hong Kong petitions courts for maintenance and child custody. A separated US Green Card holder husband relocated in Mumbai sues for divorce while the US-based wife from Varanasi seeks child support and benefits sitting in the US. A separated NRI couple in the UK seeks the British court intervention to settle terms for children to visit India (with their mother) and ensure their return to the UK.
A divorced NRI husband in the US seeks child custody from mother resettled in Hyderabad. A harried British Asian Muslim husband in the UK seeks to dissolve Nikahnama contracted in Lucknow. An embittered Swiss father of Punjabi origin seeks quick dissolution of marriage solemnised in New Delhi. A traumatised Indian doctor in the UK seeks return of children removed to Gujarat by wife who has launched proceedings under the Domestic Violence Act in Satara. These are real-life professional encounters which defy legislative solutions.
Today, the huge Indian diaspora nearing 30 million in 130 countries abroad poses and exports from their foreign homes unique family law problems in the Indian domain which do not find ready answers in existing Indian matrimonial legislations. Hence, judicial innovation to carve out individual relief in distinct NRI family disputes has become imperative on a case-to-case basis. But these are not consistent statutory remedies.
Recent media reports reflect a new pitch and euphoria to generate overnight answers to these NRI problems. They range from creating an NRI Commission, constituting NRI Cells, deputing designated authorities for NRI problems and forming special NRI Committees. However, such half-baked administrative measures soon fade away and resurface with the NRIs’ participation in the Pravasi Bharatiya Divas in the following year. Unfortunately, the haunting ghosts return every year to resurrect with new dimensions.
The multifaceted problems of NRIs arise in the realm of validation and dissolution of marriages, enforcement of divorce decrees, maintenance obligations, matrimonial property regime, child custody/abduction, inter-country adoptions, testate/intestate succession, tenancy of property, land ownership, property investments and surrogacy issues. NRIs seek resolution of their problems from an Indian legal system not designed and created for resolving their new age issues.
Times have changed but statutory Indian laws have not kept pace. Most NRI problems do not even find definition or recognition in Indian laws. Our legislators have no time to amend them.
Against this background, measures such as NRI cells, commissions, committees or other bodies will not help. No such authority without statutory powers will have any credibility in the framework of the existing legal system. Parallel set-ups without statutory sanction are redundant. Such bodies will at best be recommendatory officers whose decisions will need judicial sanction. The aggrieved NRI or affected party will still need to invoke powers of a Court of Competent Jurisdiction for actual relief.
Accordingly, the government needs to seriously enact new laws or amend existing laws to define the NRI problems and prescribe solutions. One such notable example is found under Section 13 of The East Punjab Urban Rent Restriction Act, 1949. Its amendment in 2001 created a special class of NRI landlords who had a special right to recover immediate possession from tenants occupying their premises by a special summary procedure.
Likewise, in the family law arena, limping NRI marriages, abandoned spouses, abducted children, overseas adoption and surrogate relationships need statutory solutions. Family laws for NRIs need an exhaustive overhaul. Either all existing family law legislations should be amended or a single comprehensive Indian legislation should be enacted for all family-related legal problems of NRIs.
Similar is the situation in the field of property laws. Tenancy, succession, registration, investment and transfer of ownership of property form a bulk segment of NRI problems. But again, scattered, outdated legislations will serve no purpose.
Thus, there is a dire need for multiple amendments or for enacting a new NRI property law dealing with their problems comprehensively. Special legislative overhaul measures will fail if the legal system does not create or empower special courts to deal with these legal NRI issues. There is a need to evolve a complete responsive machinery with proper rules under the newly enacted or amended NRI laws.
The time has come for change. The answer lies in not creating cells or other toothless bodies but in enacting appropriate NRI laws, making corresponding procedural rules to implement them and vesting authority in competent courts to adjudicate NRI disputes. This alone can provide an effective remedy. This must be done on an all-India basis. Piecemeal state legislations will not do. Above all, there is need for a sincere commitment and resolve on the part of the government to enact or amend laws for NRIs.
No comments:
Post a Comment