With a large number of non-resident Indians now permanently living in overseas jurisdictions, it is important that a composite legislation is enacted to deal with the problems of NRIs, said the former Law Commission Chairman, A.R. Lakshmanan.
Speaking at the seminar on ‘Property related issues of NRIs/PIOs’ on Thursday on the occasion of the Pravasi Bhartiya Divas convention, Mr. Justice Lakshmanan said that there were a large number of legal issues that concern a sizeable section of the global Indian community.
He said: “Though the NRIs have increased multifold in foreign jurisdictions, family law disputes and situations are handicapped for want of proper professional information and advice on Indian laws. The lure of settling in foreign jurisdictions attracts a sizeable Indian population but the problems created by such migration largely remain unresolved.”
Mr. Justice Lakshmanan said: “The answer, therefore, lies in giving NRIs law applicable to them as Indians rather than letting them invade the Indian system with judgments of foreign jurisdictions which do not find applicability in the Indian system.” Hence, the Indian legislature must seriously review this issue and come out with a composite legislation for NRIs to deal with family law matters, real estate problems and other issues, he said.
Mr. Justice Lakshmanan, who headed the previous Law Commission, said: “It is the endeavour of the Law Commission to suggest to the Government of India to do whatever possible to improve the life of the NRIs in India. It is important to see what India can do for the NRI and not what the NRI can do for India.”
He suggested that a core committee of specialists in the field of private international law should be formed at the earliest to prepare a comprehensive draft to suggest changes in legislation in the best possible way.
He said that in matters of succession, transfer of property, making/execution/implementation of wills, repatriation of NRI funds, the respective State governments must simplify and streamline procedures and fast track courts must be set up to deal with such cases expeditiously.
Nodal cells
Advocate Anil Malhotra, who highlighted the various problems of NRIs, called upon the State governments to set up nodal cells for NRI affairs with the police, legal authorities and officials in the administration for entertaining NRI complaints online and in person.
