Archive for the 'Ministry of Overseas Indian Affairs' Category

Governance And Right To Information

A blog I came across: http://egovernance.wordpress.com/

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Clarification On NRI Divorces

I am revisiting an old case, the YN Rao vs Venkatalaxmi, NRI divorce case. The crux of the matter is that the Supreme Court has stated, according to the article in TOI given below, that a foreign court has no authority to dissolve a marriage under the Hindu Marriage Act, IF, the person who filed the case in the foreign court is not domiciled (a permanent legal residence) in the jurisdiction of the foreign court.

Here is the link to the YN Rao Vs Venkatalaxmi judgment

Please read this article to understand what the court meant.

Finally read this post to understand the reality of broken NRI marriages and Indian court judgments

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Students Who Find Jobs Abroad To Be Taxed

This is a deviation from 498A and related issues, but it fits in with the idiocy that appears to have taken over some of the ministries of the GOI. This time, it is the HRD ministry.

Here is the article

Basically the HRD ministry, headed by the accused in a 498A, Arjun Singh, has come up with another asinine proposal whereby students who graduate from the IITs and the IIMs (maybe other places too) will now need to pay if they find jobs in other countries. They are planning to call it “graduate tax” and “exit tax”,

If the country needs money so desperately, sure, no problem. I am sure the students will willingly pay taxes. Would GOI also consider widening the tax base to include, the friends and relatives of the ruling establishment? I guarantee that this will definitely bring in more money into the treasury than the taxing a few students.

GOI should remember, that it is the Indian students who have gone on to hold high positions in high tech US companies, and it is they who are contributing to the outsourcing boom in the country by steering business to India.

Any moron who suggests that expat students have not given back to their motherland, is just that, a moron.

Just another question. All of us pay taxes regularly and honestly. No choice there as we are taxed at source. The question I have is, what has the GOI given back to us, the average citizens? We can’t even walk into a govt office without having to pay a bribe.

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FOIA Principal Contacts

Here is the link

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Interpol Global Standards To Combat Corruption In Police Forces

The Interpol document on combating police corruption

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The Wife Of A Karnataka Cadre IAS Officer Is Fighting Corruption

I read about Mrs JN Jayshree here:

“In the southern Indian state of Karnataka (of which Bangalore is a part), J. N. Jayashree, wife of a state bureaucrat named M. N. Vijayakumar who has spoken out vigorously against corruption in the government there, started a blog as a way to spread the word about the pilferage currently plaguing Karnataka . Raising her husband’s international profile in the face of the recent murders of whistleblowers such as Satyendra Dubey and Shanmughan Manjunath was another motivation.”

This is an article about her in the New York Times

This is her blog: Fight Corruption Now

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What Does An Interpol Red Corner Notice Application Form Look Like ?

I really like these AP CID guys. They have a lot of information posted at their site, including a downloadable Red Corner Alert application form. Here is a link to their site.

This is what it looks like

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An RTI For The Pay Of The MPs

Some guy has filed an RTI against the MPs.

Here is my question. If a guy can file an RTI against the MPs, why can’t the 498A affected folks file RTIs against the cops, if they feel the officer did not do his duty ?

Here is the link the article from HT

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Violence against women: Good practices in combating violence against women”

Madhu Kishwar got it right. She exposes the Indian feminists to be the hypocrites they are in this article from 2005.

Here is the article:Violence against women: Good practices in combating violence against women”

The SC Takes The Lead On Police Reform

Here is the link to CHRI

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RTI Basics, Info, And Templates

I compiled the information from various sources. HT and TOI get a big chunk of credit for this.

Click on the link below to download an  RTI Request application:

Download an RTI Application Form

This form has the address of the AP Police’s PIO as an example only.

The Indian Supreme Court has ruled that RTI is a Fundamental Right.

Here is a link to the judgment.

Here is an excerpt from the judgment:

[SUPREME COURT OF INDIA]

People’s Union for Civil Liberties and another

v

Union of India and others

S. B. Sinha

06 Jan 2004

“Right of information is a fundamental right under Article 19(1)(a) of the Constitution. The State under Clause (2) of Article 19 of the Constitution, however, is entitled to impose reasonable restrictions inter alia in the interest of the State. How far and to what extent the same should be balanced is the question involved in these appeals which arise out of judgments and orders dated 30th January, 1997 passed by the High Court of Judicature at Bombay in Writ Petition Nos. 1785 and 1792 of 1996″

Remember this ! The Govt authority needs to provide information within 48Hrs if rights under life and liberty are affected. An RTI is a useful weapon if your loved ones are being held by the police.

Here are some links:

Here is the document that gives you the basics on filing an RTI: RTI Basics

RTI presentation from GOI: RTI Presentation

NCPRI RTI Primer: NCPRI RTI Primer (12Page version)

Here is a template for the RTI for the police: RTI Template For The Police

Example of an RTI: RTI Example

You will find more templates at this website: Protect India Family Foundation

Here is the document that details the complete act: RTI Act 2005

Here is another document: CHRI Guide to using RTI

Here is another doc from Transparency International: Using RTI To Fight Corruption

RTI links from the Pondy police website. They have forms etc: Pondy police RTI

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Delhi HC: Passport revocation (NRI 498A Case) Oct 2005

This is a case dealing with an NRI and the revocation of his passport.

Link to news article

Before the passport issue, looks like the guy had applied for AB, but I am not sure if it is the same person though the names match. Here is the link to the Raj Kishore Tayal AB Order.

Looks like they issued a red corner notice too. Here is the link to the CBI Interpol site.

Link to Delhi HC Passport revocation judgment

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AP HC Orders A DNA Test 2006

Folks,

Here is an instance where the HC orders a DNA test to establish paternity.

The courts prefer to use a DNA test sparingly, but in this case the AP HC allowed it.

Here is the Judgment:  AP HC Orders A DNA Test 2006

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SC Judgment: Maneka Gandhi Vs Union Of India (1978)

Folks,

This will be useful to those of you hounded by a Red Corner Alert or threats of Passport impoundment.

It was held that procedure established under Art.21 has to be reasonable and not violative of Art.14.

In effect, the SC interpreted this as a case for due process. The article from the Hindu is given below:

http://www.thehindu.com/2004/09/26/stories/2004092600471600.htm

This site has more info:

http://www1.umn.edu/humanrts/edumat/IHRIP/circle/justiciability.htm

Here is the judgment of the SC:

http://indiankanoon.org/doc/1766147/

Here is a pdf of the same for printing:

Maneka Gandhi vs Union Of India on 25 January, 1978

A warning! It is a 144 page judgment.

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Section 330 Of IPC

Folks,

Here is some Interesting info from Section 330 Of IPC. You may want to run through this if you’ve been mistreated by the police.

Section 330 Of the Indian Penal Code:

330. Voluntarily causing hurt to extort confession, or to compel restoration of property

Whoever voluntarily causes hurt for the purpose of extorting from the sufferer or from any person interested in the sufferer, any confession or any information, which may lead to the detection of an offence or misconduct, or for the purpose of constraining the sufferer or any person interested in the sufferer to restore or to cause the restoration of any property or valuable security or to satisfy any claim or demand, or to give information which may lead to the restoration of any property or valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Illustrations

(a) A, a police-officer, tortures Z in order to induce Z to confess that he committed a crime. A is guilty of an offence under this section.

(b) A, a police-officer, tortures B to induce him to point out where certain stolen property is deposited. A is guilty of an offence under this section.

(c) A, a revenue officer, tortures Z in order to compel him to pay certain arrears of revenue due from Z. A is guilty of an offence under this section.

(d) A, a zamindar, tortures a raiyat in order to compel him to pay his rent. A is guilty of an offence under this section.

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The Supreme Court on Torture:

“Torture” has not been defined in Constitution or in other penal laws. ‘Torture’ of a human being by another human being is essentially an instrument to impose the will of the ’strong’ over the ‘weak’ by suffering. The word torture today has become synonymous wit the darker side of human civilization.

“Torture is a wound in the soul so painful that sometimes you can almost touch it, but it is also so intangible that there is not way to heal it. Torture is anguish squeezing in your chest, cold as ice and heavy as a stone paralyzing as sleep and dark as the abyss. Torture is despair and fear and rage and hate. It is a desire to kill and destroy including yourself.” Adriana P. Bartow “No violation of any one of the human rights has been the subject of so many Conventions and Declarations as ‘torture’- all aiming at total banning of it in all forms, but inspite of the commitments made to eliminate torture, the fact remains that torture is more widespread not that ever before, “Custodial torture” is a naked violation of human dignity and degradation with destroys, to a very large extent, the individual personality.

IT is a calculated assault on human dignity and whenever human dignity is wounded, civilisation takes a step backward-flag of humanity must on each such occasion fly half-mast. In all custodial crimes that is of real concern is not only infliction of body pain but the mental agony which a person undergoes within the four walls of police station or lock-up. Whether it is physical assault or rape in police custody, the extent of trauma a person experiences is beyond the purview of law. “Custodial violence” and abuse of police power is not only peculiar to this country, but it is widespread. It has been the concern of international community because the problem is universal and the challenge is almost global. The Universal Declaration of Human Rights in 1984, which market the emergency of worldwide trend of protection and guarantee of certain basic human rights, stipulates in Article 5 that “No one shall be subjected to torture or to curel, inhuman or degrading treatment or punishment.” Despite the pious declaration, the crime continues unabated, though every civilized nation shows its concern and takes steps for its eradication”

Here is a link to the judgment:

http://ipc498a.files.wordpress.com/2007/04/sc-on-custodial-deaths.pdf

You can download the entire IPC from here:

http://www.498a.org/contents/ipc_explained.pdf

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SC: Stray Acts Do Not Constitute Mental Cruelty (1999)

Folks,

I came across this judgment. I really wish that divorce, as painful as it is, should be granted, if the grounds are reasonable. In this day and age, how does one live with a person who is unreasonable, be it male or female ?

In this judgment, divorce is not granted. However, the interesting thing about this judgement is that the SC says that one of the functions of the Womens Protection Cell is to mediate and attempt to bring about a reconciliation. For those of you, who are being hounded by the WPC, this judgment may be  useful in getting them back in line.

Here is the judgment:  Stray Acts Do Not Constitute Mental Cruelty

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SC Grants Custody To The Mother Overruling Decree Of Foreign Court

This the Santa Sharma (2000) case where the Supreme Court granted the mother, custody of her children despite a foreign court decree which had granted the custody of the children to the father.

Here is the judgment: SC Grants Custody Of Children To Indian Mother

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Restraining A Police Officer From Abusing His Legal Power

This is a judgment from 1970. The case is S.M. Sharma Vs. Bipen Kumar Tiwari.

Here is an excerpt:

“It appears to us that, though the Code of Criminal Procedure gives to the police unfettered power to investigate all cases where they suspect that a cognizable offence has been committed, in appropriate cases an aggrieved person can always seek a remedy by invoking the power of the High Court under Article 226 of the Constitution under which, if the High Court could be convinced that the power of investigation has been exercised by a police officer mala fide, the High Court can always issue a writ of mandamus restraining the police officer from misusing his legal power”

Here is the judgment: Restraining A Police Officer From Abusing His Powers

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What Is An Interpol Red Corner Notice?

Folks,

There is not a lot of clarity about what a Red Corner Notice means. Here is an explanation from the Interpol Press Office. Also, if you are facing an Red Corner Notice, most western countries will not just put you on a flight and deport you. There are quite a few formalities that need to be completed and a local judge needs to be convinced that you have done something terribly bad to deserve to be deported. And if you choose to fight the extradition, the other side will need to spend a LOT of $$$$ to really get you out. So, if some one is threatening you with a Red Corner Alert, then wish them the best and go about your life. The only drawback is that you may not be able to go back to India. One last thing, you may be able to get a stay on the NBW so the Red Corner Alert is moot. Again, cross check with lawyers who are well versed in all this.

Here is a link that contains information about the different notices: Interpol Notices

DIG Vinay Ranjan Ray Explains The Process Of Having An RCN Issued

You can read about NRIs and Interpol’s most wanted here:

Interpol’s Most Wanted – NRI Grooms Not Amongst Them

For those of you in the US, don’t worry about extradition or what ever. The US is one country in the world where due process is still given primary importance. Here is an an entry from the Dept Of Justice Handbook for prosecutors.

Here is the link to the US DOJ procedures on extradition.

For those of you in the US, here is an interesting link to a Bloomberg.com News article on US extradition.

More Information: http://www.interpol.int/Public/ICPO/LegalMaterials/FactSheets/FS13.asp#1

Here is a link to the CBI website if you want to check if your handsome face is posted on the wanted list.

Technically, what is an Interpol Red Corner Alert ?

  • It is one of the ways in which Interpol informs its 186 member countries that an arrest warrant has been issued for an individual by a judicial authority.
  • It is not an international arrest warrant.
  • The individuals concerned are wanted by national jurisdictions and Interpol’s role is to assist national police forces in identifying or locating those individuals with a view to their arrest and extradition.
  • Red Notices are only issued to Interpol member countries if the requesting National Central Bureau (NCB) has provided all the information required by the General Secretariat, including details of a valid arrest warrant for the country in question.
  • Interpol’s General Secretariat does not send officers to arrest individuals who are the subject of a Red Notice.
  • Many of Interpol’s member countries however, consider a Red Notice a valid request for provisional arrest, especially if they are linked to the requesting country via a bilateral extradition treaty. In cases where arrests are made based on a Red Notice, these are made by national police officials in Interpol member countries
  • Interpol cannot demand that any member country arrest the subject of a Red Notice..

In reality, if you are an Indian national, what would a Red Corner Notice mean to you? (The answers are given by a couple of guys who commented on this blog)

A red corner notice is actually “a spot out device on the immigration computer”. When a passenger checks in or checks out of India at the international immigration counter, the moment the passengers passport number is fed in ”a red flag appears” beside it to alert the immigration officer that this person is wanted by the police of any police station in India.The passenger is detained irrespective of nationality and the airport police take that passenger away to the nearest police station, for the sole reason of extorting money by any means. The highest rate is an American national, second comes a brutish national, because the conversion rate of the dollar and the pound is the best to bargain so the passengers of these nationalities are supposed to be gold nuggets for the immigration officers who are always on the prowl to make a buck. A criminal nexus is then arranged between the immigration officers and the police and the passenger is harassed in every possible way!

“Look-Out-Circulars” by Indian police are posted at every airport in India to catch innocent people who are entering India through any international airport while getting their passport checked. These stations are at Raja- Sansi -Amritsar, IGI Airport Delhi. Bombay, Calcutta and Madras. The moment your passport number is entered a red flag appears beside your name and your case details come up on the screen after which being detained for hours you are taken to a police station where your passport will be detained and given back to you only after you pay a hefty bribe to the concerned officials beware!!!!

Read the comments on this post to understand more.

News Articles:

Also, read this to understand and survive this mess, if you are a non resident Indian national facing a 498A: A Guide To Surviving IPC 498A

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Justice Dhingra Quashes A 498A FIR

Folks,

I came across this judgment by Justice Dhingra quashing a 498A . This was a case of compromise between the hubby and wife. Nothing special about this judgment.

You can read it here: Justice Dhingra Quashes A 498A FIR

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Some Interesting Stats On Arrests Of Women

In 1930, the British govt arrested 17,000 women for their involvement in the Dandi Yatra (Salt March). During 1937 to 1947 (10 Years), they arrested 5,000 women involved in the freedom struggle. From 2004 to 2006, the govt of India arrested 90,000 women of all ages under 498A. On the average, 27,000 women per year are being arrested under this flawed law. These are stats from the NCRB.

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This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 Unported License.

Disclaimer:

The family of the writer was tortured by the Indian Police in an attempt to extort over a $100,000 by holding them in custody for over a week. The police, in cahoots with the magistrate and the PP, did this due to the ridiculous allegations made in a 498A case by his embittered ex-wife. She filed the case years after he and his family had last seen her. Thousands of 498A cases are filed each year in India by women seeking to wreak vengeance on their husbands and in-laws. Enormous sums are extorted from intimidated families implicated in these cases by corrupt Indian police officers and elements of the Indian judiciary. The author and his family haven't bribed any public official nor have they given in to the extortion. This blog aims to raise awareness of due process in India. The content of this blog constitutes, opinions, observations, and publicly available documents. The intent is not to slander or defame anyone or any institution and is the manifestation of the author's right to freedom of expression – with all the protections this right guarantees.

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