The third volley of NRI Law Collection penned by legal luminaries Anil and Ranjit Malhotra is about to be launched by Mr. SoliSorabjee. Starting with a touching salute to the late patriarch Ram Niwas Mirdha, the legal baggage in the book titled ‘Indians, NRIs & the Law’ has35 short crisp pieces and 9 detailed expositions. Admirably crafted, the 450 pagecompilation is a store house of NRI Law profusely complimented with Jacket Commentsinternationally. It is a culmination of the authors’ professional experiencesof handling NRI disputes in courts worldwide and their participation in conferencesscattered over London, Munich, Netherlands, Vancouver,Cape Town, Perth,Rio de Janeiro and Hyderabad.
The headings reveal it all. Some are, “Can a Broken MarriageBe Stitched Together?”, “No Bull in a China Shop of NRI Divorces & Anti-suitinjunctions”, “Dispute Resolution in The Family the Law forgot” , “Pre-Nuptial Agreements: Unsuited in the Indian context.”, “NRI Commissions-An adventurous agenda”, “VotingRights for NRIs-An Optical Illusion”, “Human Smuggling- The Dark Side Of TheMoon”, “Illegal Immigration- Merchants Of Death”, “Going Abroad-In Jail”, “HinduMarriages- Made In Heaven, Celebrated In India, & Dissolved In USA”, “Corbett’sLegacy”, “All Aboard For The Fertility Express”, “Socio-Legal Perspectives OfForced Marriages-Perceptions & Solutions”, “To Return or Not To ReturnAbducted Children”, “Key Inbound Business Immigration and Employment Issues”, “Conflictsof Adoption Laws”, “Law of Arrest inIndia” and “International Arbitration Issues”. The list goes on and onendlessly.
Quoting the Supreme Court in Baby Manji Yamada (AIR 2009 SC84), “Commercial surrogacy” reaching “industry proportions is sometimes referredto by the emotionally charged and potentially offensive terms: Wombs for rent,Outsourced pregnancy or baby farms, ”, the authors state that surrogacy is said to legal because it is not illegal. The authors think that forced and early marriages entrap women andyoung girls in relationships that deprive them of their basic human rights andthat the Government has to take stringent action against the extra judicialbodies which have so far been shielded from any State intrusion due topolitical reasons. Human smuggling has been described by the authors as “A tradein which Indian youth have been bought and sold as literal slaves like anyother commercial merchandise recently in Iraq.”In the view of the authors “Modern concepts and issues including commercialsurrogacy, inter-country adoptions, inter-parental child removal,inter-continental matrimonial litigation and instances of global child abusepresent new challenges. The law never anticipated or visualized these newgeneration legal complexities, and hence statutory law in India contains no provisions to define or rectify them”
The Foreword of Mr. Soli Sorabjee reads “The book will be extremely useful to academicians, Judges, policy makers, overseas and Indian lawyers as also to foreign readers by providing answers to unresolved problemsin new emerging areas of the vast Indian Diaspora scattered around the world.”No doubt, the text does justice to 30 million NRIs scattered in 180 nationsabroad. The celebrated work is a milestone in NRI history.
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