In a significant development for Indian expats, the Delhi High Court has ruled that customs officials should not seize or question passengers about personal or inherited jewellery unless there is a specific reason to do so. This ruling came after the court reviewed numerous petitions highlighting the harassment faced by travelers, particularly Non-Resident Indians (NRIs), who were being questioned about their jewellery upon arrival in India.

A Much-Needed Relief for Indian Expats

Many Indian expats, especially those living in the UAE, often travel back to India for weddings and festivals, bringing with them treasured family heirlooms or personal jewellery. However, several have reported being detained at Indian airports by customs officials, who questioned them about the authenticity and origin of their jewellery, despite it being family property. This practice led to frustration, confusion, and unnecessary delays for travelers.

The Court's Decision and Impact on Travel

The court’s bench, composed of Justices Prathiba M Singh and Rajneesh Kumar Gupta, stated that passengers should not be subjected to routine questioning or seizure of jewellery intended for personal use. The decision emphasized the need for a more sensitive approach by customs officials and called for the implementation of workshops to prevent harassment at airports.

For many expats, this ruling is a welcome change. It particularly benefits those who frequently travel with family jewellery or items passed down through generations. The Delhi High Court also directed that the Central Board of Indirect Taxes and Customs (CBIC) review existing baggage rules, which have not kept pace with the rising value of gold, and either amend them or issue a standard operating procedure (SOP) by May 19, 2025.

Current Baggage Rules and Their Limitations

As per current baggage rules, which have been in place since 2016, Indian citizens returning after more than a year abroad are allowed to bring duty-free gold jewellery up to certain limits—40 grams for women and 20 grams for men. However, these rules do not clearly address the treatment of used or inherited jewellery, often leading to inconsistent enforcement by customs officers.

The High Court recognized the outdated nature of these rules and urged the authorities to simplify the process for passengers carrying jewellery that may have been in their possession for years. This move is expected to ease the anxiety of many expats who feared that their personal belongings would be unjustly scrutinized or seized.

The Way Forward for Expats

Legal experts suggest that the ruling reflects the growing recognition of the unique challenges faced by expats, especially those from the UAE, where a large number of Indian nationals reside. The court’s decision also underlines the importance of adapting legal frameworks to the evolving realities of global travel and the increasing value of personal items such as jewellery.

With wedding seasons and festivals prompting a surge in travel from the UAE to India, this ruling offers much-needed reassurance to Indian expats. It is expected to significantly reduce the incidents of unjustified profiling and harassment at airports, allowing travelers to return home with peace of mind.

As the new guidelines take shape, the legal community anticipates further reforms in travel-related customs regulations to ensure smoother experiences for passengers traveling with personal and inherited jewellery.

Conclusion

This landmark decision marks a turning point for Indian expats traveling to India, particularly those carrying personal or inherited jewellery. It highlights the need for sensitivity and clarity in the enforcement of customs regulations, ensuring that passengers are not unfairly treated or harassed. The ruling is a step forward in creating a more traveler-friendly legal environment for expats, particularly those from the UAE.

 

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