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Deccan Herald » Edit Page » Detailed Story
Frame policy to address problems in NRI marriages
Legal safeguards are limited and applicable within the country and cannot exceed the boundaries of the respective country. Anu Peshawaria Lawyer

As an eminent lawyer, dedicated social worker, successful sportsperson — Anu Peshawaria dons many roles. But the real achievement of this US-based immigration legal practitioner is her arduous fight for the rights of the victims of NRI marriages.

Supported by her famous sister Kiran Bedi, Anu’s aim is to provide legal assistance to those NRI wives who are being deserted and left penniless in a foreign country.

Ms Peshawaria, who was in Delhi recently to attend the Pravasi Bharatiya Divas, spoke to Shruba Mukherjee of Deccan Herald on various issues.

Excerpts:

Deccan Herald: The abuse of women trapped in an NRI marriage has become almost a national problem. Do you think the government of India has responded in a proper manner to address to this issue?

Anu Peshawaria: Yes the Overseas Ministry has been taking steps to check this menace by issuing warnings in media and engaging the diaspora in finding solutions.

DH: As a legal activist what do you think is the root cause of the problem — is it the absence of adequate legal safeguards, dollar bait or lack of awareness?

AP: All these things contribute to the problem. The dollar bait and better living conditions lure people to move to foreign countries. There is lack of awareness of the possible problems that can emerge due to the different cultures and laws.

Legal safeguards are limited and applicable within the country and cannot exceed the boundaries of the respective country.

DH: Could you provide figures to explain the extensiveness of the problem?

AP: About 92 per cent women in the US suffer from domestic violence and 70 per cent NRI marriages result in divorce.

DH: What are the issues which parents should consider before marrying off their daughters with the NRIs? What are the common mistakes they make while taking such a decision?

AP: First, they must do a matrimonial verification, his employment verification and financial standing.

Secondly they must find out the immigration status of the person... Does he have a green card? Or what is his legal status?

Thirdly, they must find out which visa applies to their daughter if she is married to that particular person? What are the restrictions on that visa?

And finally they must educate the girl on the laws of the country she is immigrating to. This would help her know what to do in case of any trouble.

DH: What are options available to an Indian woman if she is subjected to domestic violence in a foreign country like the US?

AP: In the US she can immediately call and report the matter to 911 which is the police or the 1800 domestic violence helpline. In case of legal aid or advise, she can call us at Seva Legal Aid at 5102991907 or email us at anu@sevalegalaid.com

She can get a restraining order against the abuser and also file for maintenance and child support. In my book The immigrant’s dream, I have given all these detailed instructions. In the book there is even a card which every immigrant can carry to get a free interpreter or an attorney.

DH: Would you suggest any policy change or any new legislation by the Government of India to safeguard the rights of the victims of NRI marriage? Did you put forth your recommendations to Overseas Indian Affairs Minister Vayalar Ravi and what was his response?

AP: The most important thing is an agreement between the countries to uphold the judgements passed by the respective countries on the same issue.

With regard to the US, we need to become signatories to the Hague Convention and bring about a policy on international law of marriages and divorce which are common or at least similar pertaining to international marriages.

DH: What kind of awareness programmes should be launched in India particularly in states like Punjab, Kerala and Karnataka, as these are the states from where a number of women have been victimised by their NRI husbands?

AP: There is an exigent need for awareness campaigns in these places. I would suggest to make copies of these books in the local languages and distribute them locally and also hold seminars and workshops the way we hold it for immigrants in the US.

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