Revision as of 16:52, 16 November 2018

Legal status, rules

PPF a|c to be closed, NSCs encashed if holder turns NRI

PPF a|c to be closed, NSCs encashed if holder turns NRI, Oct 30 2017: The Times of India

Amending rules on post office savings schemes like the National Savings Certificates (NSC) and Public Provident Fund (PPF), the government has notified that such accounts would be closed prior to maturity in case of holders changing their personal status to become nonresident Indians (NRIs).

The amended rules were notified in the official gazette in October 2017.

The amendment to the PPF Scheme, 1968, says: “If a resident who opened an account under this scheme, subsequently becomes a non-resident during the currency of the maturity period, the account shall be deemed to be closed with effect from the day he becomes non-resident“.

The interest payable would be up to the date of the account closure, it said.

A separate notification on NSCs said in case of a sim ilar change of status of the certificate holder before the maturity period, “the certificate will be encashed, or deemed to be encashed on the day he becomes non-resident“ and interest will be paid accordingly.

NRIs are not allowed in instruments like the National Savings Certificates, Public Provident Fund, Monthly Income Schemes and other time deposits offered by the post office.

In September 2017, the government had retained the interest rate on Public Provident Fund for October-December unchanged at 7.8%, in line with the rates for small savings schemes.

Social issues

Matrimonial tensions

Chethan Kumar, 1 NRI wife calls home for help every 8 hours, February 5, 2018: The Times of India

Many Indian parents look for a foreign match for their daughters but here’s a reason to be wary. On average, at least one woman married to an NRI calls home every eight hours seeking help to return after being deserted by her husband or because of reasons like ill-treatment and physical torture.

Complaints received by the ministry of external affairs (MEA) show that in the 1,064 days between January 1, 2015 and November 30, 2017, the MEA received 3,328 such complaints — an average of more than three calls a day or one every eight hours.

Most of the women are originally from Punjab and Andhra-Telangana followed by Gujarat, say lawyers, activists and people working in Indian missions abroad. The National Institute of Public Cooperation and Child Development, in its study on deserted women some years ago, also confirms this fact.

‘Most dowry complaints from Andhra, Telangana’

Aarthi Rao worked with the Indian embassy in Washington DC for 16 years, six of which were as a community development officer dealing with such cases. “Most women,” she said “were from Andhra Pradesh (including Telangana), where the dowry system is still strong. The boys went to India to please their parents and married someone, but had no intentions of living withthem once they returned.”

Aarthi, who later served as adviser totheMEA, saidshe received a lot of complaints from West Asian countries during her Delhi stint. In one complaint that the MEA received, Shazia (name changed) said shewas stuck in Bahrain as her husband had destroyed her visa document and was preventing her from making calls.

The erstwhile Overseas Indian Affairs Ministry, now merged with MEA, had introduced a scheme for such women in 2007. The MEA now addresses the issue through its grievance redressal portal, MADAD. Besides, all missions also receive complaints from women and help them both financially and legally.

Not all complaints go to the ministry. Chennai-based lawyer Sudha Ramalingam says the majority are from West Asian countries, the US and Canada. “Just six weeks ago, there was a man working with Qatar Airlines harassing his wife. She reached out to me after great difficulty and we’ve just managed to get her separated from her husband,” she said. While Ramalingam said there was “no one solution” to the problem, sociologist Samata Deshmane attributedittoIndian parents’ “obsession” with acertain status associatedwith NRI grooms.

2009-18: 3,500 plaints of desertion by NRI men

3,500 plaints of desertation by NRI men in last 9 years: NCW, July 31, 2018: The Times of India

The National Commission for Women has received 3,569 complaints since 2009 from women who were deserted by their NRI husbands. A total of 355 complaints were received from Punjab alone during this period.

NCW chief Rekha Sharma said that the commission will push for stringent punitive measures against NRI husbands who desert their Indian wives. “An analysis of data reveals harassment and ill treatment in many ways, including abandonment, loss of communication with spouse upon leaving India, brief holidaymarriages and cheating,” Sharma said at the National Seminar on ‘NRI Marriage Related Issues in Punjab’ held in Jalandhar.

“Matrimonial advertisements by parents often highlight their daughters’ qualifications and background when seeking NRI grooms. They don’t conduct detailed verification or cross-check background for grooms,” she said.

Over 20 women deserted by their NRI husbands participated in the seminarand presented recommendations to stakeholders. Officials from Punjab NRI commission, police, district and state administration, local body representatives and civil society organisations were part of the seminar. Among various measures being planned to crack down on absconding NRI husbands, the government is also working on detterence.

2014-18: complaints received by NCW

To hasten process, Maneka moves Rajnath, November 14, 2018: The Times of India

complaints received by NRI cell of NCW 2009-2018- 4024
From: To hasten process, Maneka moves Rajnath, November 14, 2018: The Times of India

The home minister has agreed to call the meeting of the informal group of ministers. This informal group of four ministers led by Singh was set up in June to discuss concerns and look for solutions to concerns arising out of recommendations made by the inter-ministerial panel on the matter and agreed upon in principle in June. Led by Sushma Swaraj the inter-ministerial panel was set up in 2017.

When this group of ministers met in June this year, Singh chaired the deliberations where it was felt that there is a strong need to find solutions, even innovative ones, to tighten the law and and bring non-resident Indian offenders to book. The meeting was to be followed by preparation of a Cabinet proposal after legal scrutiny. The meeting which had considered the legal tenability of measures is understood to be in agreement of the changes in the law that will be required. However, the finalisation of the proposal is still under process as fresh concerns have been cited.

To build pressure on absconding NRI husbands who have failed to respond to court summons, the Centre has been exploring changes in law to enable confiscation of joint family property and alienation of land to stop any sale of commonly owned property. It was also proposed to bring changes in laws for putting up unanswered summons on the website of the ministry of external affairs and these will be considered served.

See also

Non-resident Indians (NRIs): Kerala

Non-resident Indians (NRIs): Gujarat