This article is written by Tanaya Devadhe, a 3rd year BALLB student at ILS Law College, Pune.

Abstract

Maintaining international connections and promoting national collaboration are vital functions of diplomacy in today’s linked world. At the vanguard of these diplomatic endeavours are embassies, which serve as a nation’s physical representatives abroad. This article aims at exploring the role of Indian embassies in solving issues arising out of NRI marriages. The article will dwell into the services and schemes provided by the Ministry of External Affairs of India and its role in assisting aggrieved parties of an NRI marriage.

Keywords: NRI marriages, Indian Embassies, High Commission of India, Indian Community Welfare Fund (ICWF)

Introduction

Unforeseen and/or tragic situations may happen to anybody, particularly overseas. Your home country’s embassy could be able to aid you if you’re in an emergency, are in a position that could change your life, or just need support while travelling. One of these tragic situations is marital issues and problems.

As with any other marriage, overseas marriages may have their ups and downs, but the most regrettable thing is that families can overlook even the standard warnings that come with traditional matchmaking in their haste to hang onto promising proposals. When expectations are not met, marriages may become unhappy in the absence of appropriate safeguards and thorough investigation.

Indian women caught in phoney NRI marriages has become an increasingly concerning issue over time. There are several different elements of this issue, including dowries, marriages of convenience, and hiding previous or current marriages. While these marriages are often solemnized according to Indian norms, they can be conveniently dissolved by foreign courts, which worsens the situation even further. Additionally, victims’ suffering is exacerbated by the absence of comprehensive and specific regulations addressing the issue.

Since NRI marriages involve the administrative services of two countries in a situation of dispute, Embassies have a resourceful role to play in solving such a problem. 

Embassy: Meaning and Functions

The headquarters of government representatives serving and representing their nation in a foreign state is known as an embassy. Numerous powerful nations, such as the United States, the United Kingdom, and other European nations, maintain embassies throughout the globe to serve citizens of their home countries overseas and collaborate with local authorities and groups on common causes.

A high-ranking diplomat is an ambassador. Typically, ambassadors are chosen to represent their nation abroad and oversee embassies.

An embassy’s primary function is to serve inhabitants of its home nation who live, work, or travel abroad. Embassies and their branches (known as “consulates”) are required for ordinary administration as well as emergency emergencies.

They can assist foreign citizens in travelling to, or becoming citizens of, the country represented by the embassy.

Embassies work with local governments, corporations, and other organisations to create and maintain political, economic, and cultural partnerships as part of their diplomatic mission.

The Indian Embassies provide the following services:

• In compliance with Indian regulations, register the births and deaths of Indian nationals.
• Register Indian citizens’ marriages in line with Indian legislation.
• Replace passports, emergency certificates, and other papers (fees apply).
• Provide relief/repatriation and financial support to distressed Indians in accordance with applicable regulations.
• Assist foreign governments in deporting Indians
• Extradition of individuals according to a treaty/arrangement
• In some circumstances, keep custody of Indians’ cash and personal possessions.
• If you are arrested, an Embassy/Consulate representative may visit or call you to check on your well-being, alert your family, give consular assistance (with your cooperation), and do everything possible to ensure that you are treated fairly within the laws of that nation.
• Provide guidance and assistance in a variety of different circumstances, such as the death of relatives abroad, missing individuals, and kidnappings.
• If you agree, embassy will contact friends and relatives on your behalf. 
• Provide aid in the event of an emergency, especially medical issues.
• Provide financial help (based on means-testing) in the event of an emergency or in extraordinary circumstances, according to the rules in effect.
• If you have been the victim of a major assault or other crime, you must seek assistance in accordance with local regulations.
• Make specific plans in circumstances of international terrorism, civil unrest, and natural calamities (fees may apply).
• Provide some notarial services, such as witnessing and authenticating documents and delivering oaths and affirmations (fees apply), in accordance with the applicable regulations.
• Take proof and service documents overseas (fees apply), in accordance with the laws.

Role of embassies in addressing NRI marriage issues

Due to the fact that NRI marriages are civil contracts between private parties, the Ministry of External Affairs has no locus standi in issues resulting from such marital relationships. However, the legal remedy is found in the court process, whereas the other remedies are found in the country’s social process. However, the Ministry makes every effort to assist the investigating and judicial authorities in bringing the wayward NRI husbands to justice, as well as to give consular assistance of different types to Indian women who are victims overseas. The Ministry’s role in addressing these issues is limited to investigating complaints through its Missions/Posts abroad.

The Ministry of External Affairs and its Missions/Posts overseas investigate complaints about NRI marriages in order to assist warring parties in reaching a peaceful settlement.

The function of the Missions/Posts overseas includes phoning spouses and counselling them, as well as addressing local authorities to determine the location and wellbeing of the spouse, interacting with them, and coordinating attempts for a reconciliation between the parties. Local Indian groups or community groups to which the parties belong are frequently invited to resolve the situation. In general, the Missions/Posts make every effort to settle marital conflicts peacefully. Wherever consular aid is requested, it is supplied as soon as possible. If the lady in difficulty want to return to India, emergency travel permits are given. On humanitarian grounds, preparations for temporary shelter and food are made for women seeking sanctuary on the premises of the Consulate or Embassy.

With reference to extension of help to women victims who want to return to India but whose passport and visa have been confiscated by their husband, they are provided with emergency travel documents. She can call the Embassy from where she is and explain her predicament. The Embassy can then provide emergency travel documentation. If she is unable to connect, her family in India can update her on her status.

Schemes for giving Legal/Financial assistance to Indian women deserted by their Overseas Indian/ foreigner husbands

In order to help needy Indian women who have been abandoned by their Overseas Indian spouses and are facing divorce proceedings in a foreign country, the Ministry of Overseas Indian Affairs (MOIA) launched a scheme in February 2007 to provide financial assistance for obtaining legal aid/counseling through Indian Missions abroad. The plan has been launched in the United States, the United Kingdom, Canada, Australia, New Zealand, Malaysia, Singapore, and Gulf nations. The Scheme is a humanitarian programme designed to assist Indian women in need by enlisting the help of the local Indian community and receiving some financial aid from the government.

The scheme’s goal is to offer vulnerable women in distress who have been abandoned by their overseas Indian spouses with initial financial aid in order for them to receive counselling and legal services. The phrase ‘Overseas Indian’ refers to both NRIs and foreign citizens of Indian descent. Counselling and legal services would be provided by credible Indian Women Organizations/Indian Community Associations and NGOs identified for such services and accredited by Indian Missions/Posts in the United States, the United Kingdom, Canada, Australia, New Zealand, Malaysia, Singapore, and the Gulf. The plan is a humanitarian measure to aid Indian women in need, with financial assistance from the Government of India and mobilisation of the local Indian community.

The initiative will be open to Indian women who have been abandoned by their overseas Indian / foreigner spouses or who are undergoing divorce procedures in a foreign country, subject to the following conditions:

(i) The woman has an Indian passport.

(ii) The woman’s marriage has been solemnised in India or abroad with an overseas Indian or a foreigner.

(iii) The lady is deserted in India or abroad during fifteen years of the marriage; or 

(iv) Her overseas Indian / foreigner spouse initiates divorce procedures within fifteen years of the marriage. Or

 (v) The overseas Indian / foreigner husband received an ex-parte divorce within twenty years of marriage, and she intends to file a petition for maintenance and alimony.

(vi) The scheme would not be available to a woman who had a criminal case ruled against her, provided that a criminal charge of Parental Child Abduction would not be a bar if the child’s custody had not yet been decided. For this purpose, “Parental Child Abduction” will be defined as the mother’s unauthorised custody, without the other parent’s agreement and in violation of family law rulings, which largely removes the child from the care, access, and contact of the other parent and family side and shall be deemed to be Parental Child Abduction. International child abduction happens when a kid’s parent, relative, or friend departs the country with the child or children in violation of a custody or visitation order. Another issue that is similar is the continued custody of children when they are allegedly taken on vacation to a foreign nation and are not returned.” In the context of this Scheme, a criminal accusation of Parental Child Abduction would imply the police authorities charging the mother as a result of filing a FIR or its equivalent.

(vii) The Indian lady requesting relief under the Scheme’s residence is irrelevant for granting the benefit. At the time of filing the application, the lady may be residing in the nation of her overseas Indian/foreigner spouse or in India.

(viii) Applicants with financial necessity shall be given preference.

(ix) Legal and other costs will be covered by the Heads of Indian Missions/Posts overseas, either directly to the applicant’s legal counsel appointed by the concerned Indian Mission/Post, or through Indian Community Associations / Women’s organisations / NGOs acting on the woman’s behalf in an overseas legal institution.

(x) The assistance will be limited to US$ 3000 per case for developed countries and US$ 2000 per case for developing countries, and will be released to the applicant’s or Indian Community Association / Women’s Organisation / NGO concerned to assist the woman in documentation and preparatory work for filing the case.

(xi) The Indian Women’s Organisations / Indian Community Associations / NGOs would make attempts to engage community advocates, especially women advocates, to provide pro-bono legal aid / court appearances, etc.

The scheme was modified/revised within 3-4 years of its inception, taking into account the difficulties/problems communicated by the Missions/Posts overseas administering the scheme, as well as the proposals given by the Standing Committee on External Affairs. The revised scheme has been distributed to all of our missions/posts for implementation and has been put on the Ministry’s website for public awareness. The previous mechanism for releasing sanctioned funds to Indian missions/posts where the Scheme is being implemented was discontinued in 2013-14. Individual applications are now being examined, and the appropriate amount of support is being distributed to Indian Missions in each situation. As a result, the Scheme is now demand-driven.

Conclusion:

The issues surrounding the abandonment of Indian women by their outside spouses are complex and delicate. They are also covered under private international law. The Ministry’s strategy to resolving these difficulties is to raise awareness among potential brides and their families about their rights and obligations, as well as the precautions to be taken while entering into marriage unions with grooms living abroad.

Throughout the fiscal year 2011-12, the Ministry took a number of proactive actions in this area. The Ministry’s 2007 scheme of providing legal/financial assistance to Indian women deserted by their overseas spouses has been revised with effect from 30th November, 2011, and its scope has been widened to include marriages solemnised in India or abroad, with an Indian or foreigner husband. Furthermore, the amount of help provided under the initiative has nearly doubled. The scheme’s scope has also been expanded to include certain kinds of Indian women married to foreign spouses who were previously excluded.

The scheme’s goal is to give financial support to needy women who have been abandoned/divorced by their abroad spouses in order for them to seek counselling and legal services. Counselling and legal services are given by recognised Indian Women Organizations/Indian Community Associations and NGOs affiliated with Indian Missions/Posts in countries such as the United States, United Kingdom, Canada, Australia, New Zealand, Bahrain, and Qatar. The Indian Missions/Posts overseas have appointed 27 (twenty-seven) non-governmental organisations (NGOs) to give assistance. To date, around Rs.80 lakhs has been given under the plan to assist Indian women who have been abandoned or are undergoing divorce processes in foreign countries.

The Ministry of External Affairs gets a considerable number of marital-related complaints from Indian women married to overseas Indians. Such situations include the abandoning of a wife in India, delays in the sponsorship of a visa by a spouse, incidents of a spouse cutting off all communications, abuse of women by husbands and in-laws, ex-parte divorce by a spouse, and so on. These lawsuits frequently involve child custody difficulties. In such circumstances, the Ministry and the Missions/Posts give appropriate counselling, assistance, and information to aggrieved Indian women regarding legal procedures and mechanisms. The Indian Missions and Posts also hold walk-in sessions and open house gatherings to address the problems of distressed Indians, especially women. Grievances are also handled via the MADAD and CPGRAM platforms. Furthermore, missions and posts maintain a 24-hour helpline for emergency circumstances, and aid is also available through social media sites. Wherever possible, the Indian Community Welfare Fund (ICWF) provides financial and legal aid to disadvantaged NRI women.

References:

• Reports:

LOK SABHA SECRETARIAT: Problems Relating to Overseas Indian Marriages, No.1/RN/Ref./2014. The link for the same is herein: https://loksabhadocs.nic.in/Refinput/New_Reference_Notes/English/Indian_Marriages.pdf 

Ministry of Women & Child Development, Annual Report: 2022-23. The link for the same is herein: https://wcd.nic.in/sites/default/files/ar-2-211E_merged.pdf 

Twelfth Report- ‘Plight Of Indian Women Deserted By NRI Husbands’ Committee On Empowerment Of Women (2006-2007) By Ministry Of Overseas Indian Affairs And Ministry Of External Affairs The link for the same is herein: https://prsindia.org/files/bills_acts/bills_parliament/2019/Women%20Empowerment%20Committee%20Report%20on%20Plight%20of%20Indian%20Women%20Deserted%20by%20NRI%20Husbands.pdf

• Blogs/Articles

Assistance to Distressed Indian Women. This article is originally published on the website of High Commission of Indian to Kuala Lumpur, Malaysia. The link for the same is: https://hcikl.gov.in/pages?id=10&subid=58&nextid=80 

Guide to Consular Services. This article is originally published on the website of Ministry of External Affairs or India. The link for the same is: https://www.mea.gov.in/guide-to-consular-services-menu.htm 

What Does an Embassy Do? What is the Purpose of Your Home Country’s Embassy? This article is originally written by Clements Worldwide on 2/10/2022. The link for the same is: https://www.clements.com/resources/living-abroad/embassy-purpose-what-does-embassy-do/#:~:text=A%20key%20purpose%20of%20an,routine%20administration%20and%20emergency%20situations. 

• Scheme:

Ministry of Overseas Indian Affairs, Schemes for giving Legal/Financial assistance to Indian women deserted by their Overseas Indian/ foreigner husbands. The link for the same is: https://eoi.gov.in/eoisearch/MyPrint.php?2022?000/0017