The following article wrote by Jaskaran Kaur is a reminder to minorities who are suffering from the security regime of Indian Officials. Many Sikhs moved to Canada for better living, where they enjoy equal citizenship. If you are from a minority community, think about migrating to elsewhere.
Kaur is co-founder and executive director of ENSAAF , a nonprofit organization fighting impunity in India.
WHEN INDIAN Prime Minister Manmohan Singh meets with President Bush in Washington this week on his first official visit, and the first of an Indian head of state since 9/11, he will be reaffirming a strategic partnership. Prime Minister Singh will address a joint session of Congress on Tuesday, and terrorism is high on the agenda. An item not likely on the agenda is India's systematic abuse of human rights in the name of counter-terrorism. Despite receiving praise as the world's largest democracy, India's human rights record falls dismally behind countries that have only recently shed their legacy of dictatorships. From 1984-95, Indian security forces tortured, ''disappeared," killed, and illegally cremated more than 10,000 Punjabi Sikhs in counter-insurgency operations. Many perpetrators of these abuses are now championed as counter-terrorism experts. Most prominent among them is former Punjab director general of police and campaign architect K.P.S. Gill, whose policies, according to Human Rights Watch and Physicians for Human Rights, ''appeared to justify any and all means, including torture and murder." Hailed as a super cop, Gill now heads an Indian counter-terrorism institute.
Four years ago, I criss-crossed Punjab and documented the impact of impunity for abuses committed by security forces. I sat on jute cots in poor farming houses talking with survivors struggling to rebuild their lives and sipped tea in the guarded mansions of judges. A senior high court judge, who addressed me as a naïve daughter, pointedly told me that fundamental rights did not exist during an insurgency.
One afternoon, I spoke with Jaswinder Singh. He was in his 20s. In 1992, Punjab police officers repeatedly subjected Jaswinder to electric shocks, stretched his legs apart at the waist until his thigh muscles ruptured, and suspended him upside down from the ceiling, while beating him with rods. Subsequently, the police ''disappeared" his brother, father, and grandfather. Jaswinder unsuccessfully pursued his family's disappearance to the Supreme Court. But he had no time for grief; the loss of his family's breadwinners meant he had to support the survivors, despite continued police harassment.
A flickering hope of justice remains for survivors of the counter-insurgency abuses. Since December 1996, the Committee for Information and Initiative in Punjab has struggled before the Indian National Human Rights Commission in a landmark lawsuit addressing police abductions that led to mass cremations, including those of Jaswinder's family. The commission, acting as a body of the Indian Supreme Court, has the authority to remedy violations of fundamental rights in this historic case of mass crimes. Its decisions will serve as precedent for victims of state-sponsored abuses throughout India. The commission has received over 3,500 claims from Amritsar alone, one of 17 districts in Punjab.
During the past eight years, however, the commission has not heard testimony from a single survivor. Guatemala's Historical Clarification Commission registered 42,275 victims in 18 months. El Salvador's Commission on the Truth collected information on 22,000 victims in eight months. The Indian Commission, however, has kept survivors running in circles, limiting its inquiry to one of 17 districts in Punjab.
A few weeks ago, the commission drastically narrowed its mandate, stating its plan to resolve the case by determining only whether police had properly cremated victims -- not whether the police had wrongfully killed them in the first place. With this move, the commission rejected the victims' right to life and endorsed the Indian government's position that life is expendable during times of insurgency.
India's counter-terrorism practices have left a legacy of broken families, rampant police abuse, and a judicial system unwilling to enforce fundamental rights. As India ignores its past, it continues to employ the same Draconian measures in places such as Kashmir. While Prime Minister Singh extols India as a leading democracy, the international community must weigh the devastation and insecurity wrought by a national security policy based on systematic human rights abuses and impunity.
In 1997, Ajaib Singh committed suicide after the Punjab police tortured and disappeared his son and justice failed him. His suicide note read: ''Self-annihilation is the only way out of a tyranny that leaves no chance for justice." If India fails to address its own mass atrocities, this should raise serious questions about its role as a partner in the ''war on terror."
July 17, 2005, Boston Globe (www.boston.com)
Thursday, July 20, 2006
Tuesday, July 18, 2006
Estonia, Slovenia, Austria passports
These passport programs offer such major advantages as quick processing time, optional worldwide delivery as well as attractive pricing.
Estonia second passport:
from $7,000 per applicant. (4.1 Lakh Indian Rupees)
Processing time: 6-8 weeks.
Slovenia second passport:
from $11,000 per applicant. (6.5 Lakh Indian Rupees)
Processing time: 5-7 weeks.
Austria citizenship and passport through economic investment program*:
Direct investment of Euro 1,000,000. (6 Crore Indian Rupees)
Time frame: varies.
Eligibility of each particular applicant for a specific program is not guaranteed and is determined on an individual basis using the applicant's application forms and supplied documents. An exact price and time frame for issuance may also differ in each case depending on the applicant's specific details.
Let us know what program you are interested in applying for. If you have any questions, don't hesitate to ask.
Sincerely,
Peter Skousen
Head of Legal Advisor Department
EU-immigration.com
Rond-Point, Schuman 11
Brussels 1040 Belgium
Email: inquiry@EU-immigration.com
Website: http://www.EU-immigration.com
Estonia second passport:
from $7,000 per applicant. (4.1 Lakh Indian Rupees)
Processing time: 6-8 weeks.
Slovenia second passport:
from $11,000 per applicant. (6.5 Lakh Indian Rupees)
Processing time: 5-7 weeks.
Austria citizenship and passport through economic investment program*:
Direct investment of Euro 1,000,000. (6 Crore Indian Rupees)
Time frame: varies.
Eligibility of each particular applicant for a specific program is not guaranteed and is determined on an individual basis using the applicant's application forms and supplied documents. An exact price and time frame for issuance may also differ in each case depending on the applicant's specific details.
Let us know what program you are interested in applying for. If you have any questions, don't hesitate to ask.
Sincerely,
Peter Skousen
Head of Legal Advisor Department
EU-immigration.com
Rond-Point, Schuman 11
Brussels 1040 Belgium
Email: inquiry@EU-immigration.com
Website: http://www.EU-immigration.com
Wednesday, July 12, 2006
Suriname and Guyana Passports
South American Passports
South American citizenship and passport is the key to preserve your wealth. There are no capital gains, gift, wealth, worldwide income and inheritance taxes.
It is much easier to obtain Permanent Residence status in EU and UK for South American passport holders.
There are two most attractive destinations - Republic of Suriname and Republic of Guyana. Located in the North of South America, these countries offer perfect travel and business opportunities for their citizens. Suriname or Guyana passport holder can travel without visa to more than 100 countries in the world including: Andorra, Austria, Brazil, Belize, Belgium, Chile, Costa Rica, Denmark, Dominica, Egypt, France, Finland, Germany, Greece, Hong Kong, Ireland, Israel, Italy, Republic of Korea, Luxembourg, Netherlands, Panama, Portugal, Spain, Switzerland, UK, most South American, African and Asian countries.
It is much easier to obtain Permanent Residence status in highly developed countries (Canada, EU countries and UK) for Suriname and Guyana passport holders.
While Guyana is home to over 325,000 ethnic Indians, Indo-Trinidadians number around 520,000. Most of them are descendants of Indians who had migrated to these countries in the 19th and early 20th centuries to work as indentured labour in sugarcane fields there.
Usual agency pricing for this service is around 7 Lakh Indian Rupees (US 15,000)
South American citizenship and passport is the key to preserve your wealth. There are no capital gains, gift, wealth, worldwide income and inheritance taxes.
It is much easier to obtain Permanent Residence status in EU and UK for South American passport holders.
There are two most attractive destinations - Republic of Suriname and Republic of Guyana. Located in the North of South America, these countries offer perfect travel and business opportunities for their citizens. Suriname or Guyana passport holder can travel without visa to more than 100 countries in the world including: Andorra, Austria, Brazil, Belize, Belgium, Chile, Costa Rica, Denmark, Dominica, Egypt, France, Finland, Germany, Greece, Hong Kong, Ireland, Israel, Italy, Republic of Korea, Luxembourg, Netherlands, Panama, Portugal, Spain, Switzerland, UK, most South American, African and Asian countries.
It is much easier to obtain Permanent Residence status in highly developed countries (Canada, EU countries and UK) for Suriname and Guyana passport holders.
While Guyana is home to over 325,000 ethnic Indians, Indo-Trinidadians number around 520,000. Most of them are descendants of Indians who had migrated to these countries in the 19th and early 20th centuries to work as indentured labour in sugarcane fields there.
Usual agency pricing for this service is around 7 Lakh Indian Rupees (US 15,000)
Friday, July 7, 2006
Fijian Hindu Leaders reject Hindutva claim of preferential treatment
Thursday, July 06, 2006, FIJI Times online
THE Hindu American Foundation, controlled by Hindutva forces says Fiji should stop granting preferential treatment to members of the Christian community.
This was contained in its survey of human rights reports on a number of countries where people of Indian origin resided, including Fiji, it said. The report said Fiji Hindus continued to face a barrage of anti-Hindu speeches and criticisms and that several temples were desecrated, destroyed or looted.
It said the Methodist Church repeatedly called for the creation of a Christian State and has endorsed forceful conversion of Hindus during previous coups.
"Many Fijian leaders today perpetuate hate and intolerance against Hindus on the island," the report said.
However, a prominent Hindu religious organisation yesterday denounced the report.
The Arya Pratinidhi Sabha of Fiji president Kamlesh Arya said the authors of the report did not see it fit to hold dialogue with local leaders of the various Hindu organisations in the country to ascertain the truth.
"There are occasional social thuggery, criminal intrusions, personal attacks and stealing of property but these cannot be regarded as orchestrated criminal offence against the Indian community per se in Fiji compared to Bangladesh, Afghanistan and Pakistan," he said.
Mr Arya said they have also relayed their concerns on hate speeches and derogatory remarks by extremists and had asked the Government to take a more firm position on such matters.
THE Hindu American Foundation, controlled by Hindutva forces says Fiji should stop granting preferential treatment to members of the Christian community.
This was contained in its survey of human rights reports on a number of countries where people of Indian origin resided, including Fiji, it said. The report said Fiji Hindus continued to face a barrage of anti-Hindu speeches and criticisms and that several temples were desecrated, destroyed or looted.
It said the Methodist Church repeatedly called for the creation of a Christian State and has endorsed forceful conversion of Hindus during previous coups.
"Many Fijian leaders today perpetuate hate and intolerance against Hindus on the island," the report said.
However, a prominent Hindu religious organisation yesterday denounced the report.
The Arya Pratinidhi Sabha of Fiji president Kamlesh Arya said the authors of the report did not see it fit to hold dialogue with local leaders of the various Hindu organisations in the country to ascertain the truth.
"There are occasional social thuggery, criminal intrusions, personal attacks and stealing of property but these cannot be regarded as orchestrated criminal offence against the Indian community per se in Fiji compared to Bangladesh, Afghanistan and Pakistan," he said.
Mr Arya said they have also relayed their concerns on hate speeches and derogatory remarks by extremists and had asked the Government to take a more firm position on such matters.
Thursday, July 6, 2006
Persecution of Minorities in India , a Letter from a Christian Migrant
Let me introduce myself, I am an Indian living in Canada. I immigrated here 2 years ago to get married to my girlfriend who moved here 8 years ago.
For 25 years, I lived in India, a democratic multi-religious nation. Although there is no state religion, Hindus make up the largest population group numbering over 80.5% of the total population followed by the Muslim 13.4%, Christian 2.3%, Sikh 1.9%, other 1.8%, unspecified 0.1% (Jews, Zorastrians etc). As a child growing up in Mumbai (Bombay), I had friends from different religions and was unaware of any form of religious persecution. We did study about the British policy of 'Divide and Rule' which led to partition and the formation of the countries of India and Pakistan (Islamic nation run on Islamic laws), but we were taught that as a nation we had learnt not to repeat mistakes from the past.
The first persecution that I can recall, during my life time, was the Babri Masjid issue (December 6 1992); where radical Hindus led by certain politicians tore down the Babri Masjid. Babri Masjid was a mosque built on the site where some hindus believe Ram (Hindu Deity) was born. What followed were the most gruesome riots across the whole country. I was 13 at the time and Bombay was in the grip of a religious violence with Hindus killing Muslims and vice versa. At the time there was a city wide self imposed curfew. Self imposed only by fear that if you stepped out of the house you would probably not come home alive. This went on for a while and the repercussions of that event can still be felt in India even today. From that day onwards, minority religious groups became very aware of their position in a Hinduized society and for the first time we felt the weight of being a minority and what it meant to be a religious minority.
The second experience with persecution was much closer to home as it affected the Christian community directly not in Mumbai, but in Gujarat. The history of this is complex but I shall try to summarize it.
India is a largely agrarian economy with three fifths of the population involved in agriculture. India also has a social system based on Hinduism called the Caste system which promotes untouchability. A small percentage though significant ( 14.9%) in Gujarat are tribals who do not fit into the Hindu caste system. Gujarat has some fertile land in the southern part of the state which is owned by rich landlords. To run this land, these landlords need a cheap supply of labour which they could exploit by paying less than minimum wages.
The Dalits (untouchables in the caste system) and tribals make up the perfect cheap work force as they do not have any rights (though they are granted all rights by the constitution). The reason they don't have rights is because politicians are in collusion with the rich land lords. To remain in power the politicians need the rich landlords for monetary support and the landlords use their power to coerce the dalits and tribals to vote for the politicians.
Christian missionaries run schools in tribal areas for the tribal and dalit population and over time, some dalits have begun to speak up against the oppression. Many of the tribal and dalit children no longer work in fields (child labour) but go to school. The missionaries also provided health care and other services for the tribals and dalits.
This is a thorn in the side of the landlords and the politicians, as now the educated tribals and dalits make their voices heard and could no longer be oppressed so easily. Hence the landlords and politicians raise the bogey of forced conversions saying that Christian missionaries forcibly convert tribals and dalits away from Hinduism (the first group are non-Hindus and the second group are treated as outcasts in Hinduism). A fringe group amongst the Hindus who also happen to support, and in turn get support from a major political party proceeded to conduct many attacks on Christians and Christian missionaries in Gujarat including the killings of priests, raping of nuns and destruction of Christian schools and institutions in 1998.
An example from the Human Rights News Website:
Jamuna Bhen, a thirty-year-old agricultural laborer in Dangs district, told Human Rights Watch, "The Hindus removed the ornamentation from our church on December 25 [1998]. They threatened us by saying that they will set the church house on fire. Then they started taking down the roof tiles…. There were one hundred to 200 people who came from other villages. They said, 'We will burn everything.' We begged them not to. We said, 'Don't do this,' and said we will become Hindu."
In January 1999, Australian missionary Graham Staines and his two sons were trapped in their car and burned alive in the state of Orissa, reportedly by Dara Singh, a local leader of the extremist group Bajrang Dal. On the eve of India's national parliamentary elections in September and October 1999, the situation for minorities in the state deteriorated significantly. In August 1999, Singh struck again, chopping off the arms of a Muslim trader before setting him on fire. One week later, Rev. Arul Doss was shot in the chest with an arrow and beaten to death by a group of unidentified assailants.
Muslims in India similarly face a lot of persecution as can be seen from the Babri Masjid issue and the Best Bakery Case in which 14 people were burnt alive during the 2002 riots. Following an attack on a train in Godhra, Gujarat, on 27 February 2002 in which 59 Hindus were killed, violence of unprecedented brutality targeting the Muslim community spread in the state and continued in the next three months, leaving more than 2000 people dead. The state government, administration and police took insufficient action to protect civilians and widespread reports at the time implicated police officers and members of Hindu nationalist groups, including the ruling BJP, in violence against Muslims.
Besides this, there have been various other acts to make the lives of religious minorities difficult in India. The Indian Constitution grants to all its citizens, the right to practice and follow any religion of choice and the freedom to change ones religion. Yet some states are trying to pass laws which will make religious conversions illegal, these laws are aimed especially at Christians to prevent religious conversions. These laws if passed will also violate the freedoms of Dalits and Tribals and any Indian who may want to convert to a religion of choice. The underlying aim of such legislation is to prevent dalits, tribals and other backward castes from converting to Islam or Christianity and thereby lifting the shackles of a caste based religion.
Besides these glaring forms of persecution, there have been other forms of persecution against Christians. Which are too numerous to go through but can be found at the All India Christian Web site (www.aiccindia.org) under the press releases and resources section.
To avoid this kind of religious persecution, despite constitutional protections, some Indians migrate to other countries like Canada and the USA. These people seek a better life for themselves and their families, both monetary as well as spiritually. However, in India, the persecution against Christians and religious minorities are visible and can be protested.
For 25 years, I lived in India, a democratic multi-religious nation. Although there is no state religion, Hindus make up the largest population group numbering over 80.5% of the total population followed by the Muslim 13.4%, Christian 2.3%, Sikh 1.9%, other 1.8%, unspecified 0.1% (Jews, Zorastrians etc). As a child growing up in Mumbai (Bombay), I had friends from different religions and was unaware of any form of religious persecution. We did study about the British policy of 'Divide and Rule' which led to partition and the formation of the countries of India and Pakistan (Islamic nation run on Islamic laws), but we were taught that as a nation we had learnt not to repeat mistakes from the past.
The first persecution that I can recall, during my life time, was the Babri Masjid issue (December 6 1992); where radical Hindus led by certain politicians tore down the Babri Masjid. Babri Masjid was a mosque built on the site where some hindus believe Ram (Hindu Deity) was born. What followed were the most gruesome riots across the whole country. I was 13 at the time and Bombay was in the grip of a religious violence with Hindus killing Muslims and vice versa. At the time there was a city wide self imposed curfew. Self imposed only by fear that if you stepped out of the house you would probably not come home alive. This went on for a while and the repercussions of that event can still be felt in India even today. From that day onwards, minority religious groups became very aware of their position in a Hinduized society and for the first time we felt the weight of being a minority and what it meant to be a religious minority.
The second experience with persecution was much closer to home as it affected the Christian community directly not in Mumbai, but in Gujarat. The history of this is complex but I shall try to summarize it.
India is a largely agrarian economy with three fifths of the population involved in agriculture. India also has a social system based on Hinduism called the Caste system which promotes untouchability. A small percentage though significant ( 14.9%) in Gujarat are tribals who do not fit into the Hindu caste system. Gujarat has some fertile land in the southern part of the state which is owned by rich landlords. To run this land, these landlords need a cheap supply of labour which they could exploit by paying less than minimum wages.
The Dalits (untouchables in the caste system) and tribals make up the perfect cheap work force as they do not have any rights (though they are granted all rights by the constitution). The reason they don't have rights is because politicians are in collusion with the rich land lords. To remain in power the politicians need the rich landlords for monetary support and the landlords use their power to coerce the dalits and tribals to vote for the politicians.
Christian missionaries run schools in tribal areas for the tribal and dalit population and over time, some dalits have begun to speak up against the oppression. Many of the tribal and dalit children no longer work in fields (child labour) but go to school. The missionaries also provided health care and other services for the tribals and dalits.
This is a thorn in the side of the landlords and the politicians, as now the educated tribals and dalits make their voices heard and could no longer be oppressed so easily. Hence the landlords and politicians raise the bogey of forced conversions saying that Christian missionaries forcibly convert tribals and dalits away from Hinduism (the first group are non-Hindus and the second group are treated as outcasts in Hinduism). A fringe group amongst the Hindus who also happen to support, and in turn get support from a major political party proceeded to conduct many attacks on Christians and Christian missionaries in Gujarat including the killings of priests, raping of nuns and destruction of Christian schools and institutions in 1998.
An example from the Human Rights News Website:
Jamuna Bhen, a thirty-year-old agricultural laborer in Dangs district, told Human Rights Watch, "The Hindus removed the ornamentation from our church on December 25 [1998]. They threatened us by saying that they will set the church house on fire. Then they started taking down the roof tiles…. There were one hundred to 200 people who came from other villages. They said, 'We will burn everything.' We begged them not to. We said, 'Don't do this,' and said we will become Hindu."
In January 1999, Australian missionary Graham Staines and his two sons were trapped in their car and burned alive in the state of Orissa, reportedly by Dara Singh, a local leader of the extremist group Bajrang Dal. On the eve of India's national parliamentary elections in September and October 1999, the situation for minorities in the state deteriorated significantly. In August 1999, Singh struck again, chopping off the arms of a Muslim trader before setting him on fire. One week later, Rev. Arul Doss was shot in the chest with an arrow and beaten to death by a group of unidentified assailants.
Muslims in India similarly face a lot of persecution as can be seen from the Babri Masjid issue and the Best Bakery Case in which 14 people were burnt alive during the 2002 riots. Following an attack on a train in Godhra, Gujarat, on 27 February 2002 in which 59 Hindus were killed, violence of unprecedented brutality targeting the Muslim community spread in the state and continued in the next three months, leaving more than 2000 people dead. The state government, administration and police took insufficient action to protect civilians and widespread reports at the time implicated police officers and members of Hindu nationalist groups, including the ruling BJP, in violence against Muslims.
Besides this, there have been various other acts to make the lives of religious minorities difficult in India. The Indian Constitution grants to all its citizens, the right to practice and follow any religion of choice and the freedom to change ones religion. Yet some states are trying to pass laws which will make religious conversions illegal, these laws are aimed especially at Christians to prevent religious conversions. These laws if passed will also violate the freedoms of Dalits and Tribals and any Indian who may want to convert to a religion of choice. The underlying aim of such legislation is to prevent dalits, tribals and other backward castes from converting to Islam or Christianity and thereby lifting the shackles of a caste based religion.
Besides these glaring forms of persecution, there have been other forms of persecution against Christians. Which are too numerous to go through but can be found at the All India Christian Web site (www.aiccindia.org) under the press releases and resources section.
To avoid this kind of religious persecution, despite constitutional protections, some Indians migrate to other countries like Canada and the USA. These people seek a better life for themselves and their families, both monetary as well as spiritually. However, in India, the persecution against Christians and religious minorities are visible and can be protested.
Tuesday, July 4, 2006
Chhattisgarh minister claims to be a 'rain man'
Monday, 03 July 2006
By Indo Asian News Service
Raipur, July 3 (IANS) A Chhattisgarh minister Monday claimed a 'yagna' (ritual) hosted by him had brought rains to the state by appeasing the Hindu rain god Varuna.
Agriculture Minister Nankiram Kanwar, who began the three-day 'yagna' Saturday with 11 priests at his official bungalow, said: 'Sacred sounds and strength of Vedic hymns have pleased god Varuna.'
The weather department Monday said the state had received heavy monsoon showers and predicted rains for the next couple of days.
'Being the agriculture minister, I was extremely concerned of the endless dry spell in the state. I had no option but to go for a 'yagna' to please the rain god and save farmers from doom,' Kanwar told IANS.
Chhattisgarh, known as India's rice bowl, has been facing drought-like situations for the past three years as monsoons have eluded the state's rice producing zone comprising Raipur, Durg, Dhamatri, Bilaspur, Rajanandgaon and Kawardha districts.
Though, Chhattisgarh has 23 percent of India's iron ore deposits and 18 percent of coal reserves, nearly 80 percent of the state's 20 million people are dependent on agriculture.
Copyright Indo-Asian News Service
By Indo Asian News Service
Raipur, July 3 (IANS) A Chhattisgarh minister Monday claimed a 'yagna' (ritual) hosted by him had brought rains to the state by appeasing the Hindu rain god Varuna.
Agriculture Minister Nankiram Kanwar, who began the three-day 'yagna' Saturday with 11 priests at his official bungalow, said: 'Sacred sounds and strength of Vedic hymns have pleased god Varuna.'
The weather department Monday said the state had received heavy monsoon showers and predicted rains for the next couple of days.
'Being the agriculture minister, I was extremely concerned of the endless dry spell in the state. I had no option but to go for a 'yagna' to please the rain god and save farmers from doom,' Kanwar told IANS.
Chhattisgarh, known as India's rice bowl, has been facing drought-like situations for the past three years as monsoons have eluded the state's rice producing zone comprising Raipur, Durg, Dhamatri, Bilaspur, Rajanandgaon and Kawardha districts.
Though, Chhattisgarh has 23 percent of India's iron ore deposits and 18 percent of coal reserves, nearly 80 percent of the state's 20 million people are dependent on agriculture.
Copyright Indo-Asian News Service
Monday, July 3, 2006
Misuse and mockery of Indian Law and Judicial system using 498A against NRIs
If you are an NRI and wish to visit your friends or relatives in India, read the following article by G. Lalwani.
Indian Police and Judiciary are united to protect the corrupt practices in the system. Remember that India's subordinate courts have a backlog of over 22 million cases while the 21 high courts and the Supreme Court have 3.5 million and 32,000 pending cases (2006) There were only 13 judges for every million people!
Sunday, 02 July 2006
There are hundreds of victims of blackmail and extortion, involving NRI's and Indian diaspora in the criminal cases registered in India, without any punishment to the blackmailer.
NRI's and Indian Diaspora families are separated from their near and dear ones in India. They can not invest in India even if they want to invest in big way.
They have been prevented to visit India even for social or religious purposes for years till false cases are ended or fear of arrest without bail and jailed without committing any offence or breaking the laws of land.
Abuse of anti-dowry laws has become serious enough that the United States Department of State has published the following travel warning on its Web site, http://travel.state.gov, about "Dowry/Visa Demands" for travellers to India.
Angela Aggeler, a spokesperson for the State Department in Washington, D.C., says that "American citizens are often extremely desirable" to Indian families with marriageable daughters.Aggeler, who has lived in India, says she empathises with citizens in this predicament. "I know how complicated the law is in India," she says. Aggeler says the State Department decided to publish the travel warning after receiving information from the three U.S. embassies in India as well as from local law enforcement agencies and global agencies such as Interpol
In this case; a false Criminal Complaint was registered in India against entire US Citizens family under section 498A with the collusion and connivance of the police and law enforcing machinery.
She did not disclose in the F.I.R " that the Divorce proceedings were going on against her in US court and she had filed her response in September 2002 asking for Rs. one crore as alimony alternatively restoration of conjugal rights.
Complainant had also sought assistance of "abused women's" organisation in US in her divorce matter, but the organisation's lawyer withdrew as soon as it became clear that her case was based on Blackmail and Extortion.
She has not made any allegations ( such as made in the police complaint in India ) to the US women's organisation' or US police.This is clear evidence of manipulation, misuse and naked abuse of Indian Legal and Judicial System by the unscrupulous woman in collusion with corrupt Indian Law enforcing machinery for Extortion.
Matter is legally very simple, that the marriage was solemnised in US. They lived in US after marriage and never visited India together.The divorce was also decided according to US laws by US Court. The Indian Courts have no Jurisdiction at all is clear.
The criminal proceedings have been launched under Indian Dowry Prohibition Act, and section 498A under which the competent authority to deal with such matters is designated as "Cruelty Against Women's" Cells.Even Commissioner of Police has no authority to deal with these complaints directly."CAW" Cells have to look into the complaints and thoroughlyinvestigate and justify the prosecution of accused. "CAW" Cells after full Investigation have to hand over the case to police for the prosecution.In Mumbai, the "Maharashtra Commission for Women" (MCW) is the designated competent authority.
The Officers designated to investigate the allegations before recommending prosecution by police must not be below the r ank of deputy superintendent of police.In this matter the assistant police Inspector has abused, over-riding all the legal authorities, designated by the legislation and registered the criminal case and launched prosecution with connivance and collusion of Indian Judicial Machinery
The marriage and the divorce including the allegations in this matter are subject to US legal Jurisdiction. Nothing in this matter happened within the Jurisdiction and territory in India.
The Courts in India have no jurisdiction at all to proceed and prosecute foreign national for the offences allegedly committed by him in his own country. Indian courts are not the International Court of Justice. The conduct of law enforcing machinery in India, in this matter is most irresponsible and undesirable.
The residential property used as vacation home in India was searched without obtaining necessary search warrants from higher authorities or informing to local police jurisdiction by the said assistant Inspector of police.
Under Article 226 of Constitution of India, the Prosecution has no Jurisdiction to even investigate the alleged offences even if TRUE.
Under section 177 of criminal procedure code 1973 of India; ,No part of cause of action arose within the jurisdiction of the court where the complaint was filed and Non-bailable arrest warrants were obtained against entire family of US citizens without any investigation or evidence and arrest warrants executed.The entire proceedings have no foundation, and this is the question of law regarding lack of Jurisdiction.
Section 188 states that courts in India can not take cognisance of any offence against foreign national without "Previous approval of central government ministry of External Affairs".
There is also no evidence that any attempt is made to obtain approval or any attempt was made, to inform to higher authorities, so far as required by law. Even higher authorities in police department of government of Maharashtra were not informed about arrest of foreign nationals.
Under Section 406 of Indian Penal Code 1860 the alleged acts which took place beyond the territory of India, even if assumed to be correct does not make out the case to proceed against the accused. An FIR can only be filed in the court of concerned area to who's jurisdiction the offence has occurred.
Under Section 482 of India's Criminal Procedure Code 1973, the courts in India has no jurisdiction to entertain the complaint even if allegation there in are accepted in Toto.
Domicile is the key to matrimonial proceedings.This was held by the bench of Bombay High Court, comprising Justices S.B. Mhase and Dilip Bhosle. They held that, "Domicile is essential condition for both the bride and groom were domiciled in India at the time of their marriage being solemnised in India" They also held that, 'Even if one of the spouse is not domiciled in India at the time of alleged marriage even if assumed that marriage took place in India, the proceedings in India are bad in Law.
The obligations under Article 36 of Vienna consular Convention Treaty of which India is signatory were also not honoured after arrest and confiscation of passports of foreign nationals by the Mumbai police authorities.
None of the offences shown in the FIR registered by Indian Police were committed within the jurisdiction of the said Police Station. The FIR clearly indicates that the alleged offences took place in New York USA. The FIR does not disclose Prima-Facie offence taking place within ,the jurisdiction of India.
The case registered by the Assistant Police Inspector is a criminal conspiracy ,criminal intimidation and framing of incorrect records and writings by Public Servant. This offence is punishable under section 218, 506, 167 and 120 B Indian Penal Code.
The complainant is also liable to be prosecuted and punished under Sections 177,181, 182,191,193,195,200,211,383, 385,500 504 and 506, for filing false and fraudulent complaint for Blackmail and Extortion.
The Indian Passport in the hands of such Dangerous manipulator who dares to fool the law and Law Enforcing Machinery need to be withdrawn, Ministry of Home Affairs.
The passport need to be impounded or revoked for the offences involving MORAL TURPITUDE under section 10 (3) (c) (d).(e) (h). of Passport Act.
Misuse and Mockery of Indian law and Judiciary must be stopped and Blackmailers punished.
Regards
Gope Lalwani
gopelalwani@yahoo.co.in
Indian Police and Judiciary are united to protect the corrupt practices in the system. Remember that India's subordinate courts have a backlog of over 22 million cases while the 21 high courts and the Supreme Court have 3.5 million and 32,000 pending cases (2006) There were only 13 judges for every million people!
Sunday, 02 July 2006
There are hundreds of victims of blackmail and extortion, involving NRI's and Indian diaspora in the criminal cases registered in India, without any punishment to the blackmailer.
NRI's and Indian Diaspora families are separated from their near and dear ones in India. They can not invest in India even if they want to invest in big way.
They have been prevented to visit India even for social or religious purposes for years till false cases are ended or fear of arrest without bail and jailed without committing any offence or breaking the laws of land.
Abuse of anti-dowry laws has become serious enough that the United States Department of State has published the following travel warning on its Web site, http://travel.state.gov, about "Dowry/Visa Demands" for travellers to India.
Angela Aggeler, a spokesperson for the State Department in Washington, D.C., says that "American citizens are often extremely desirable" to Indian families with marriageable daughters.Aggeler, who has lived in India, says she empathises with citizens in this predicament. "I know how complicated the law is in India," she says. Aggeler says the State Department decided to publish the travel warning after receiving information from the three U.S. embassies in India as well as from local law enforcement agencies and global agencies such as Interpol
In this case; a false Criminal Complaint was registered in India against entire US Citizens family under section 498A with the collusion and connivance of the police and law enforcing machinery.
She did not disclose in the F.I.R " that the Divorce proceedings were going on against her in US court and she had filed her response in September 2002 asking for Rs. one crore as alimony alternatively restoration of conjugal rights.
Complainant had also sought assistance of "abused women's" organisation in US in her divorce matter, but the organisation's lawyer withdrew as soon as it became clear that her case was based on Blackmail and Extortion.
She has not made any allegations ( such as made in the police complaint in India ) to the US women's organisation' or US police.This is clear evidence of manipulation, misuse and naked abuse of Indian Legal and Judicial System by the unscrupulous woman in collusion with corrupt Indian Law enforcing machinery for Extortion.
Matter is legally very simple, that the marriage was solemnised in US. They lived in US after marriage and never visited India together.The divorce was also decided according to US laws by US Court. The Indian Courts have no Jurisdiction at all is clear.
The criminal proceedings have been launched under Indian Dowry Prohibition Act, and section 498A under which the competent authority to deal with such matters is designated as "Cruelty Against Women's" Cells.Even Commissioner of Police has no authority to deal with these complaints directly."CAW" Cells have to look into the complaints and thoroughlyinvestigate and justify the prosecution of accused. "CAW" Cells after full Investigation have to hand over the case to police for the prosecution.In Mumbai, the "Maharashtra Commission for Women" (MCW) is the designated competent authority.
The Officers designated to investigate the allegations before recommending prosecution by police must not be below the r ank of deputy superintendent of police.In this matter the assistant police Inspector has abused, over-riding all the legal authorities, designated by the legislation and registered the criminal case and launched prosecution with connivance and collusion of Indian Judicial Machinery
The marriage and the divorce including the allegations in this matter are subject to US legal Jurisdiction. Nothing in this matter happened within the Jurisdiction and territory in India.
The Courts in India have no jurisdiction at all to proceed and prosecute foreign national for the offences allegedly committed by him in his own country. Indian courts are not the International Court of Justice. The conduct of law enforcing machinery in India, in this matter is most irresponsible and undesirable.
The residential property used as vacation home in India was searched without obtaining necessary search warrants from higher authorities or informing to local police jurisdiction by the said assistant Inspector of police.
Under Article 226 of Constitution of India, the Prosecution has no Jurisdiction to even investigate the alleged offences even if TRUE.
Under section 177 of criminal procedure code 1973 of India; ,No part of cause of action arose within the jurisdiction of the court where the complaint was filed and Non-bailable arrest warrants were obtained against entire family of US citizens without any investigation or evidence and arrest warrants executed.The entire proceedings have no foundation, and this is the question of law regarding lack of Jurisdiction.
Section 188 states that courts in India can not take cognisance of any offence against foreign national without "Previous approval of central government ministry of External Affairs".
There is also no evidence that any attempt is made to obtain approval or any attempt was made, to inform to higher authorities, so far as required by law. Even higher authorities in police department of government of Maharashtra were not informed about arrest of foreign nationals.
Under Section 406 of Indian Penal Code 1860 the alleged acts which took place beyond the territory of India, even if assumed to be correct does not make out the case to proceed against the accused. An FIR can only be filed in the court of concerned area to who's jurisdiction the offence has occurred.
Under Section 482 of India's Criminal Procedure Code 1973, the courts in India has no jurisdiction to entertain the complaint even if allegation there in are accepted in Toto.
Domicile is the key to matrimonial proceedings.This was held by the bench of Bombay High Court, comprising Justices S.B. Mhase and Dilip Bhosle. They held that, "Domicile is essential condition for both the bride and groom were domiciled in India at the time of their marriage being solemnised in India" They also held that, 'Even if one of the spouse is not domiciled in India at the time of alleged marriage even if assumed that marriage took place in India, the proceedings in India are bad in Law.
The obligations under Article 36 of Vienna consular Convention Treaty of which India is signatory were also not honoured after arrest and confiscation of passports of foreign nationals by the Mumbai police authorities.
None of the offences shown in the FIR registered by Indian Police were committed within the jurisdiction of the said Police Station. The FIR clearly indicates that the alleged offences took place in New York USA. The FIR does not disclose Prima-Facie offence taking place within ,the jurisdiction of India.
The case registered by the Assistant Police Inspector is a criminal conspiracy ,criminal intimidation and framing of incorrect records and writings by Public Servant. This offence is punishable under section 218, 506, 167 and 120 B Indian Penal Code.
The complainant is also liable to be prosecuted and punished under Sections 177,181, 182,191,193,195,200,211,383, 385,500 504 and 506, for filing false and fraudulent complaint for Blackmail and Extortion.
The Indian Passport in the hands of such Dangerous manipulator who dares to fool the law and Law Enforcing Machinery need to be withdrawn, Ministry of Home Affairs.
The passport need to be impounded or revoked for the offences involving MORAL TURPITUDE under section 10 (3) (c) (d).(e) (h). of Passport Act.
Misuse and Mockery of Indian law and Judiciary must be stopped and Blackmailers punished.
Regards
Gope Lalwani
gopelalwani@yahoo.co.in
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