Enhancing Accountability: Analysis of the Registration of Marriage of Non-Resident Indian Bill, 2019

The Registration of Marriage of Non-Resident Indian Bill, 2019, proposes significant amendments aimed at regulating the registration process for marriages involving Non-Resident Indians (NRIs). By instituting mandatory registration requirements and introducing amendments to the Code of Criminal Procedure (CrPC), the bill seeks to address key issues surrounding NRI marriages and enhance enforcement mechanisms.

Key Provisions:

1. Mandatory Registration within 30 Days: The bill mandates that every NRI marrying a citizen of India or another NRI must register their marriage within 30 days from the date of the union. Failure to comply with this requirement may lead to the impoundment of the NRI’s passport by the passport authority.
2. Amendment to the Code of Criminal Procedure (CrPC): The bill introduces a provision to the CrPC, allowing for the service of summons and warrants through a designated website in cases where traditional methods are ineffective. This amendment is not limited to offences under the bill but extends to all matters under the CrPC.

Key Issues and Analysis:

1. Strict Registration Deadline: One of the key issues raised by the bill is the absence of provisions for late registration beyond the 30-day period. Non-registration within the stipulated timeframe may result in severe consequences such as passport impoundment and potential deportation for NRIs. This stringent approach underscores the importance of timely registration and compliance with legal requirements.
2. Amendment to CrPC: The amendment to the CrPC represents a significant departure from traditional methods of summons and warrants issuance. While this measure enhances efficiency and accessibility, it also raises concerns regarding privacy and due process rights, particularly in cases where individuals may not have access to the internet or face technological barriers.
3. Definition of NRI: The bill defines an NRI as an Indian citizen residing outside of India but does not specify the minimum duration of stay abroad to qualify as an NRI. This ambiguity may lead to challenges in determining NRI status and eligibility for registration requirements.

Conclusion: The Registration of Marriage of Non-Resident Indian Bill, 2019, addresses critical issues surrounding NRI marriages and enforcement mechanisms. While the bill enhances accountability through mandatory registration and amendments to the CrPC, it also raises concerns regarding strict deadlines, privacy rights, and the definition of NRIs. As the bill undergoes further scrutiny and deliberation, stakeholders must carefully consider these issues to ensure the effective regulation of NRI marriages while upholding the rights and dignity of all individuals involved.

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