Policy Update
Arjya Shree Pande
Background
The Registration of Marriage of Non Resident Indian Bill, 2019, was introduced in the Rajya Sabha on 11 February 2019 by then External Affairs Minister Sushma Swaraj. It emerged as a joint initiative of the Ministries of External Affairs, Women and Child Development, Home Affairs and Law and Justice following Cabinet approval. The bill sought to create a greater accountability in cross border marriages involving Non Resident Indian (NRIs) to protect Indian citizens predominantly women from exploitation, desertion and related abuse by NRI spouses.
The ministry of external affairs reported thousands of cases of Indian women being deserted, harassed or left without legal recourse after marrying NRIs, with figures including over 4,300 complaints addressed between 2016 and 2018 and more than 5,000 between 2016 and late 2019 (LiveMint, 2019; Standing committee on External Affairs, 2020). Common problems include non registration of marriages, difficulty in serving judicial summons abroad, lack of enforceable address or travel document details, and consequent barriers to maintenance, custody or criminal proceedings under Indian law. Existing mechanisms proved inadequate for cross border enforcement, promoting the need for compulsory registration and linked procedural reforms (Embassy of India, Prague, 2019).
The core objectives were to mandate timely registration of NRI marriages in India or at Indian missions abroad, deter errant spouses through passport sanctions and facilitate service of court process via a designated Ministry of External Affairs website. These measures aimed to strengthen the ability of deserted spouses to enforce rights under family and criminal laws, improve traceability of NRI spouses, and act as a preventive deterrent against abandonment and related offenses.
Target beneficiaries were primarily Indian citizens, especially women married to NRIs, who faced disproportionate vulnerability in cross border matrimonial disputes. The bill was expected to benefit such spouses worldwide by enabling better access to Indian courts and remedies (Press Information Bureau 2019).
It was referred to the Standing Committee on External Affairs, which submitted its report on 13th March 2020. The committee recommended a more comprehensive law covering divorce, maintenance, child custody and clearer definitions, noting that the original draft primarily exerted pressure for appearance rather than addressing the full spectrum of issues (Standing committee on external affairs, 2020).
The bill did not progress to enactment due to recommendations for a broader framework and subsequent policy shifts. The standing committee on external affairs, in its March 2020, report found the bill narrowly focused on compulsory registration and passport sanction. It recommended a comprehensive law addressing divorce, maintenance, child custody and a clearer definition of “NRI”.
The Law Commission (Report Number 287, 2024), advised the need for broader central legislation covering both NRIs and Overseas Citizens of India with mandatory registration in India and stronger passport linkages. As of July 2026, the government has indicated that state level compulsory registration laws render a separate national registration mandate unnecessary, though challenges in awareness and enforcement persist (Ministry of External Affairs, 2026; Law Commission of India, 2024). Overall the 2019 bill represented a focused legislative attempt to close enforcement gaps in NRI marriages and advanced cross border marital justice.
Functioning
The Registration of Marriage of Non Resident Indian Bill, 2019 defined an NRI as a citizen of India residing outside the country (The Registration of Marriage of Non Resident Indian Bill, 2019, cl.2; Committee on External Affairs, 2020). It was designed to operate through compulsory registration of marriages involving NRIs. Key provisions required every NRI marrying an Indian citizen or another NRI to register the marriage within 30 days under applicable Indian or state law if solemnized in India or with a Marriage Officer under the foreign Marriage Act, 1969, if solemnised abroad. Failure to register within this period was not by itself sufficient for automatic impounding or revocation of the passport.
The sequence required where the NRI fails to register the marriage within 30 days, and this fact was brought to the notice of the Passport Authority through a complaint or information, only then could the Passport Authority was empowered (under the proposed amendment to the Passports Act, 1967) to impound or revoke the passport or travel document.
It was not automatic. The Standing Committee on External Affairs later criticised this provision and potentially disproportionate and recommended additional procedural safeguards before any action. (The Registration of Marriage of Non Resident Indian Bill, 2019, cl.4; Committee on External Affairs, 2020). A new section 86A in the Code of Criminal Procedure, 1973, authorized courts to serve summons and warrants by uploading them on a designated Ministry of External Affairs (MEA) website, declaring a nonappearing person a proclaimed offender and attaching property.
The institutional framework centred on the Ministry of External Affairs (MEA) as the nodal ministry responsible for overall coordination, designating the website for service of summons/ warrants and overseeing consular support mechanism, working with Passport Authorities which was responsible for impounding or revoking the passport/travel documents of an NRI who failed to register the marriage within 30 days.
Indian Missions and Posts abroad which was responsible for registering marriages solomonized outside India under the Foreign Marriage Act, 1969, and providing consular assistant, state marriage registers and Indian courts which were responsible for issuing and serving summons or warrants, and related process by uploading them on the MEA designated website, and for declaring a non-appearing person a proclaimed offender with attachment of property (under the proposed new Section 86A in the Code Of Criminal Procedure, 1973).
No dedicated funding structure was proposed, as the Bill remained unimplemented. Assistance to distressed spouses continues under the existing Indian Community Welfare Fund (ICWF), a self-sustaining mechanism funded by consular service charges, which provides legal and financial support to Indian women deserted by NRI or foreign spouses.
Progress remains limited due to non-implementation of the bill. Introduced on 11th February 2019, the bill was referred to the standing committee on External Affairs, which submitted its reports on 13th March 2020 recommending a more comprehensive law covering divorce, maintenance and custody. It was later examined by the Law Commission of India, which advocated broader central legislation applicable also to Overseas citizens of India, with mandatory registration in India and enhanced passport linkages. As of July 2026, the MEA has stated that reintroduction is unnecessary because all states and union territories have already enacted compulsory marriage registration laws pursuant to Supreme Court directions (MEA Rajya Sabha unstarred Question number 563, 23rd July 2026).
Secondary evaluation by the standing committee and Law Commission highlights key concerns the Bill’s narrow focus on registration and appearance pressure rather than substantive remedies, vague definition of “NRI”; absence of provisions for late registration or comprehensive data collection; and limited effectiveness in addressing cross border enforcement gaps despite state level registration laws. Awareness and compliance challenges persist, underscoring the need for stronger implementation mechanisms and public outreach.
Performance
The registration of marriage of non resident Indian bill, 2019, has not been enacted and therefore lacks direct programme MIS, dedicated union budget allocations, economic survey references, CAG audits, or a personal dashboards. Performance assessment over the last 2 to 5 years relies on related MEA mechanisms, parliamentary replies, Law Commission evaluation and state well registration frameworks.
Complaint trends indicate persistent challenges. MEA data shows 5,339 complaints from the Indian woman married to overseas Indians between January 2020 October 2023 (1,165 in 2020; 1,318 in 2021; 1,669 in 2022; 1,187 up to October 2023) Separate data recorded 1,617 complaints from NRI women allegedly abandoned by spouses abroad over the last 5 years (MEA Rajya Sabha, 2025). Passport actions continue under existing powers, with earlier periods recording hundreds of revocations or impounds in marital dispute cases.
Recent MEA updates note establishment of One Stop Centers in eight Missions under the Nirbhaya Fund and continued counselling, helplines, MEA in Aid of Diaspora in Distress (MADAD) portal support and video conferencing facilitation for court appearances.
State wise analysis is constrained by the absence of centralised national data, MEA does not maintain state disaggregated figures for overseas abandonment cases, which fall under state jurisdiction for domestic desertion. Sectoral and trend analysis revealed that while state registration laws and consular mechanisms operate, high complaint volumes and incomplete registration, in specific state contexts such as Punjab, indicate gaps in awareness, compliance and cross border enforcement. Comparative assessment against the Bill’s original objectives shows that the intended national registration mandate, passport linkage and website based summons service have not materialised, leaving reliance on fragmented state laws and existing MEA welfare tools.
Impact
The registration of marriage of non resident Indian bill, 2019 has not achieved its independent objective because it was never enacted into law.
The Law Commission of India in report number 287 February 2024, examined the bill and concluded that it was narrowly focused on creating pressure for appearance rather than addressing the full range of issues. The Commission recommended a broader central legislation applicable to both NRIs and Overseas Citizens of India with mandatory registration in India and enhanced passport linkages.
Parliamentary replies indicate that state level compulsory registration laws, enacted pursuant to Supreme Court directions, now cover all States and union territories. Persistent non registration is linked to lack of awareness or unwillingness, noting that registration can act as a deterrent only when effectively implemented.
Related measures such as counselling, legal guidance, financial assistance under the ICWF, and selective passport actions continue to operate and provide case by case relief. Yet high volumes of matrimonial complaints reported in successive MEA parliamentary statements demonstrate that these tools have not fully resolved cross border enforcement gaps or significantly reduced dissertation and related disputes.
Emerging Issues
Incomplete legislative framework
The 2019 bill remains unimplemented, leaving a gap between the intended national framework and current practice. All States and Union Territories have enacted compulsory average registration laws. However the Law Commission of India (Report number 287, 2024) observed that the original Bill was narrowly focused on registration and appearance pressure, and recommended a comprehensive central law covering NRIs and Overseas Citizens of India, along with provisions on divorce, maintenance, custody and stronger passport linkages.
Awareness and compliance gap
Official replies acknowledge that despite enabling state legislation, many marriages including those involving NRIs, remain unregistered due to lack of awareness or unwillingness to comply. This undermines the deterrent potential of registration against dissertation and expiry foreign divorces.
Data and monitoring deficiencies
There is no centralised national management information (MIS) or dashboard specially tracking NRI marriage registration or related disputes. The ministry does not maintain state wise data on women abandoned in India by NRI spouses, limiting evidence based monitoring and targeted interventions.
Institutional coordination challenges
Responsibilities are distributed across the ministry of external affairs (MEA), state governments Passport Authorities, Indian Missions and Courts. While missions provide counselling and limited assistance under the ICWF, coordination for cross border service of process, enforcement and follow up remains fragmented in the absence of Bill’s proposed website based summons mechanism and uniform national procedures.
Limited scope of support mechanisms
Existing tools such as ICWF assistance, One Stop Centres in select Missions and passport actions offer case by case relief but do not systematically address preventive registration, long term maintenance or child custody issues highlighted by the Law Commission. Persistent complaint volumes reported in parliamentary statements indicate that these measures have not fully closed the protection gaps the 2019 Bill sought to address.
Way forward
Enact comprehensive central legislation
Building on the Law Commission of India’s Report Number 287 (2024), the Government may consider a broader central law that covers both Non Resident Indians and Overseas Citizens of India. Such legislation should mandate registration of marriages with Indian citizens in India, incorporate provisions on divorce, maintenance, child custody and streamline service of summons and warrants. Linking marriage registration numbers to passports, as recommended, would strengthen traceability and deterrence while aligning with the objective of protecting vulnerable spouses.
Strengthen awareness and compliance mechanisms
Official assessments highlight persistent registration gaps in awareness and willingness to register. Targeted media and digital campaigns by central and state governments, in coordination with Indian Missions, can improve compliance and reinforce the deterrent value of registration against desertion.
Establish centralised data and monitoring systems
A national digital platform integrating state marriage registration records with MEA consular data would enable better tracking of NRI marriages, early identification of high risk cases, and evidence based policy responses. This would address the current absence of state disaggregated central data on abandonment cases and support more effective monitoring.
Enhance institutional coordination and supportive services
Closer coordination among the MEA, state governments, Passport Authorities and Indian missions can improve service delivery. Expanding One Stop Centers under the Nirbhaya Fund and optimising the ICWF for legal and counselling support would provide more consistent assistance to district spouses while complementing the judiciary process.
Align with national development priorities
These measures would advance gender justice, women’s empowerment, and the rule of law. By reducing vulnerabilities in cross boundary marriages and strengthening institutional responses, they would contribute to safer family environments, greater trust in legal systems and more inclusive outcomes for citizens with transnational ties, consistent with broader goals of social justice and effective governance.
Contributor
Arjya Shree Pande is a Research and Editorial Intern at IMPRI. She is currently pursuing a Masters in Sociology and Advanced Post Graduate Diplomas in Communication for Social Behaviour Change, technical support (UNICEF) and Global Politics. She is seeking analytical, policy, or programme oriented roles in international, governmental, or development settings where she wants her experience in research, behavioural insights, and governance expertise can be applied to evidence based decision making, public service delivery, and technology enabled social impact.
References
Press Information Bureau (PIB), Government of India – Cabinet approval for introduction of the Registration of Marriage of Non-Resident Indian Bill, 2019:
https://www.pib.gov.in/newsite/PrintRelease.aspx?relid=188583
Prime Minister’s Office. (2019). Cabinet approves introduction of registration of marriage of NRI Bill 2019.
Committee on External Affairs. (2020). Third report on the Registration of Marriage of Non-Resident Indian Bill, 2019 (Seventeenth Lok Sabha). Lok Sabha Secretariat. https://prsindia.org/files/bills_acts/bills_parliament/2019/SC%20Report_NRI%20Bill,%202019.pdf
High Commission of India sites such as https://www.hcicolombo.gov.in/content/NRI_marrige-RS_intro_E-11_2_19.pdf
Embassy of India, Prague (official MEA mission site) – announcement of introduction and joint-ministry initiative:
Official Law Commission of India site / S3WAAS government hosting:
Ministry of External Affairs official site – Rajya Sabha Unstarred Question No. 563 (answered 23 July 2026) on “Abandonment of Spouses by NRI Husbands”:
https://www.mea.gov.in/rajya-sabha?dtl/41517/QUESTION_NO_563_ABANDONMENT_OF_SPOUSES_BY_NRI_HUSBANDS
Ministry of External Affairs. (2025, March 27). Question No. 3100: Abandoned Indian women (Rajya Sabha unstarred question).
https://mea.gov.in/rajya-sabha.htm?dtl/39264/QUESTION+NO+3100+ABANDONED+INDIAN+WOMEN
Ministry of External Affairs. (2019, January 3). Question No. 2406: Desertion of wives by NRI grooms (Rajya Sabha unstarred question).
https://www.mea.gov.in/rajya-sabha.htm?dtl/30863/QUESTION+NO2406+DESERTION+OF+WIVES+BY+NRI+GROOMS
Ministry of External Affairs. (2019, July 3). Question No. 1805: Grievances of women abandoned by NRI husbands (Lok Sabha unstarred question).
Acknowledgments
The author sincerely expresses gratitude to the reviewers (Manish Prakash Shinde & Khushi), IMPRI India and the editorial team for their valuable comments, constructive suggestions, and continuous guidance throughout the preparation of this article.
Disclaimer
All views expressed in the article belong solely to the author and not necessarily to the organisation.
Read More at IMPRI:
Global Pravasi Rishta Portal (2020): Strengthening India’s Digital Diaspora Diplomacy
