On Marriage Issues, India must change 498A before extradite NRIs
India is not a member of the Hague Conference on Private International Law

 

Los Angeles, Aug, 14, 2006
Gary Singh

NRIs will be protected to extradite because India is not a member of The Hague Conference on Private International Law (or HCCH, for Hague Conference/Conférence de la Haye) is the preeminent organization in the area of private international law.

These laws were formulated at a conference at The Hague. Countries that have signed a treaty can use them.

Sixty-five nations are currently members of the Hague Conference, including China, Russia, the United States, and all member states of the European Union.

HCCH was established in in 1893 and is a set of laws called 'Private International Law' that regulates differences in laws between two countries. The purpose of HCCH has been to "work for the progressive unification of the rules of private international law". It has pursued this goal by creating and assisting in the implementation of multilateral conventions promoting the harmonization of conflict of laws principles in diverse subject matters within private international law.

To stop NRIs from duping their wives, on Monday, the parliamentary committee on empowerment of women tabled its recommendations titled "Plight of Indian women deserted by NRI husbands."

To extradite NRIs or fight cases against NRIs in other countries, the Indian Govt. must become a member of The Hague Conference on Private International Law.

According to the IANS report: The absence of uniform civil laws and the abundance of personal laws of various religious communities make an NRI marriage dispute more complex. Legal complications multiply when the dispute becomes international.

Although precise data about fraudulent NRI marriage cases is not available, 62 cases were reported to the ministry of overseas affairs in the last three years.

During the same period, 28 cases were reported to the National Commission for Women, with Punjab, Haryana and Uttar Pradesh topping the list, the committee found.

In within a week of marriage in 2002, Toronto-based electronics engineer Raghu Modi was told by his wife (a New Delhi resident) that she had married him for Visa and had no intention of terminating relationship with her paramour.

After Modi refused to process the immigration formalities for his wife, she filed a “dowry” case against him and demanded Rs 26 lakh to “settle” the case. Unable to bear the harassment, Modi paid Rs 7 lakh to settle the case. Within a month, his wife married her paramour......Read More: Is Section 498-A of the IPC, a criminal law? No justice with NRIs

Section 498-A is not acceptable worlwide and it is joke for NRIs and other countries. If it continue to implement worldwide, NRIs will have challenge to fight it back.

Let we educate Indian girls and their parents. If they decide to marry NRIs in hurry or greediness to get a visa, they are responsible for their Act not the Govt.

• 498A

Section 498 (A) of the Indian Penal Code makes it mandatory for police to book husband, his parents and other relatives/friends whoever being named on the complaint by wife or her close relatives and jail them.

The courts have declared 80 per cent men charged under Section 498-A are innocent.