Legal News India - Vakilno1.com

Wednesday, November 14, 2007

Campaign warns Punjabis against immigration, marriage frauds


Chandigarh/Jalandhar, Nov 15 (IANS) In Punjab, where the ambition of nearly half the population is to go abroad, the government has started an advertisement campaign warning against immigration, marriage and job frauds being carried out by unscrupulous travel agents.

The Ministry of Overseas Indian Affairs (MOIA) is running the campaign through Punjabi channels and vernacular newspapers and asking young Punjabi men and women to guard against false travel and immigration agents and also NRIs wanting to dupe them by offering foreign dreams.

"Supne dekhne chhado, haqiqat val dhiyaan deyo (Stop dreaming and look at reality)" is the punch line of the ad campaign launched by the ministry last month to make people aware about immigration frauds.

These frauds include illegal immigration, the absence of a work permit, not having employment visas, marriage frauds and 'holiday marriages'. The last of these are sham marriages entered into by NRIs with young women from Punjab with the promise of taking them abroad later.

Holiday marriages are also entered into by NRIs coming to Punjab on a holiday and getting married to local girls without telling them of their earlier marital status.

This is said to be the first such sustained ad campaign against immigration frauds.

"It is a well-oiled immigration industry in Punjab where people are losing billions of rupees annually by falling into the trap of fraud travel agents. These agents take advantage of loopholes in the law and no strict penal action on them," points out former central minister Balwant Singh Ramoowalia.

His Lok Bhalai Party (LBP) has been running a campaign against unscrupulous travel agents and for helping duped youth in the state in the last one decade.

Facts on Punjab's illegal immigration industry compiled by the LBP speak for themselves:

Over 500 unscrupulous travel agents have cheated youth of over Rs.20 billion in the last one decade. Complaints worth Rs.2.5 billion, involving nearly 50,000 duped families, are already pending with the LBP.

There are over 15,000 Punjab youth languishing in the prisons of various countries after being duped and dumped by travel agents. Only a few hundred have returned home in the last couple of years to tell their tale of woe.

Nearly 1,500 youth are languishing in inhuman conditions in the Kiev prison in Ukraine alone.

Even VIPs, from Bharatiya Janata Party (BJP) MP Babubhai Katara to singers Daler Mehndi and Dolly Malkit, have been accused of illegal human trafficking of youth from Punjab.

Over 1,500 youth have already been killed or are missing after being sent abroad, especially to Iraq and some Middle East countries.

Nearly 15,000 abandoned brides are waiting in their homes across Punjab for their NRI husbands to take them abroad. In some cases, the wait has been over 10 years.

The Punjab government recently posted an additional director general of police (ADGP) rank officer to probe immigration and NRI marriage fraud cases. Not much outcome has come from it even as travel agents continue to dupe youth.

"We will not allow travel agents and others to have a free run. We are bringing a law in the state assembly shortly to bring these agents under the ambit of stricter laws," Chief Minister Parkash Singh Badal had said recently.

But this talk is of little solace to many.

The family of Baljinder Kaur, who is in her mid 20s and hails from Badni Kalan village Moga district, is regretting not only marrying her to a NRI from Italy but also paying him a dowry of Rs.1.5 million. The case is being probed by the Punjab Police.

A couple of years ago, Punjab Police mooted a rule to register rape cases against NRI grooms indulging in sham and holiday marriages. But no such case has been registered so far despite the rising number of frauds being committed on young women.

"There are several black sheep among travel and immigration agents. Their activities bring a bad name to the whole industry. They are looting millions of rupees from unsuspecting youth," pointed out Jalandhar-based immigration agent Onkar Singh.

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Monday, August 13, 2007

Create cells for problem NRI marriages: government report


New Delhi, Aug 13 (IANS) A government report Monday recommended that special cells be set up with Indian missions abroad to address problem NRI marriages and that all marriages be registered so that women deserted by their husbands can fight their case effectively.

There is an urgent need to set up separate cells with Indian embassies to render necessary help in cases of problem NRI marriages, said the 12th report of the Committee on Empowerment of Women (2006-2007) on the "Plight of Indian women deserted by NRI husbands". The report was tabled in parliament Monday.

The report stressed that all marriages irrespective of religion should compulsorily be registered. In marriages with NRIs, such registration would help a woman fight her case more effectively and the concerned Indian mission would be in a better position to track the erring NRI husband, it said.

It also suggested that the Indian Passport Act be amended to incorporate a provision where the erring husband's passport could be cancelled.

The report was based on inputs from the Ministry of Overseas Indian Affairs, Ministry of External Affairs, National Commission for Woman, NGOs and aggrieved women.

The committee recommended that marriage certificates for NRIs be issued in duplicate to facilitate the deserted woman to fight her legal battle even if the original certificate was taken away by her husband on the pretext of getting a visa or updating other travel formalities.

A majority of the committee members felt that the services of various Indian associations should be utilised for getting complete background details of a prospective NRI bridegroom, including his marital and citizenship status.

The report added that of the budgetary allocation earmarked for the welfare of women, a suitable amount be apportioned for dealing with the problems relating to fraudulent NRI marriages.

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Wednesday, July 18, 2007

"Gandhigiri' pays off - Even in US


Washington, July 18 (IANS) A bit of "Gandhigiri" by unhappy Indian green card seekers paid off with the US immigration service reversing itself again to begin immediately accepting applications from thousands of foreign professional workers.

The latest flip-flop followed a unique protest by Indian applicants for permanent residency who sent thousands of flowers to the US Citizenship and Immigration Services (USCIS) Director Emilio Gonzalez last week over a last minute reversal of a June announcement offering expedited processing for H1-B visa holders.

"The public reaction to the July 2 announcement made it clear that the federal government's management of this process needs further review," Gonzalez stated Tuesday acknowledging the Indian workers' protest inspired by the hit Hindi movie "Lage Raho Munnabhai" that extolled Gandhian ways of non-violent protest.

"I am committed to working with Congress and the State Department to implement a more efficient system in line with public expectations," he added.

After the June announcement thousands of holders of H1-B visas-reserved for skilled workers in computing, engineering and other special professions-scrambled and spent money on lawyers and medical exams to prepare green card applications for a July 1 deadline.

However, US State Department announced July 2 that no applications would be accepted until October because of a large visa backlog. The abrupt change sent them back to the queue for 2008.

The USCIS announcement Tuesday allows anyone who was eligible to apply under the June announcement to do so by Aug 17. Applications already properly filed with USCIS will also be accepted, it said.

- Arun Kumar IANS

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Friday, July 13, 2007

India asks West not to place barriers to lawful immigration


Brussels, July 13 (IANS) Developed Countries receives substantial economical benefits from migratory workers and should, thus, not grow needless barriers that can head to negatives such as improper migration, according to a senior official in India's international ministry.

"Furthermore, there is need to effectively address discrimination and prejudices of all kinds including pejorative labelling and stereotyping" of immigrants, Manjiiv Singh Puri, joint secretary, ministry of external affairs, told delegates at the Global Forum on Migration and Development here, reported news agency INEPNEXT.

Last year, India received $23.6 billion in remittances from migrant workers making the country the highest recipient of inward remittances.

But "more that half of this originated in the Gulf, where a large number of our citizens participate in the development process of the countries there", noted Puri, who chaired the session on 'Working with Diaspora for Development'.

It is estimated that around 25 million people of Indian origin live in other countries while another 20 million migrants, including a large number of irregular migrants, are in India.

"India favours a regular, non-discriminatory and orderly process for our citizens proceeding overseas, whether for permanent or shorter term migration," the Indian official stressed.

The three-day forum which attracted 155 UN member states and over 800 participants ended Wednesday night in Brussels.

"You converted this meeting into a landmark in the migration and development debate, with frank and interesting exchanges of experiences and many concrete suggestions for further action," declared the chair of this inaugural Global Forum, Ambassador Regine De Clercq of Belgium.

It was announced that the Philippines would host the second global forum in 2008.

The Prime Minister of Belgium Guy Verhofstadt and United Nations Secretary-General Ban Ki-moon had inaugurated the forum.

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Wednesday, July 11, 2007

NRI husband loses custody of test tube baby


Kolkata, July 11(IANS) A non-resident Indian (NRI) settled in Pittsburg, US has been restrained by the Calcutta high court from taking custody of his 17-month-old child born through artificial insemination.

Debashish Mukherjee, the NRI, and his wife Adrija are locked in a divorce battle in a Pennsylvania court in the US. The husband had filed several proceedings in the US court, one of which was seeking custody of the child.

On Tuesday, Justice Indira Banerjee of Calcutta high court refused to grant the custody of the child to Debashish and handed him over to Adrija on a petition by her.

"In custody disputes arising out of matrimonial issues, the interest of the child is of paramount importance. This order restrains the husband, Debashish Mukherjee, from taking away the child from the lawful custody of the mother," Justice Banerjee observed.

Debashish had married Adrija on January 15, 2001, and the couple left for the US a month later. It was from then that Debashish started torturing her physically and mentally, Adrija alleged in her petition before the court. She claimed that Debashish even refused to cohabit with her.

She said when she expressed her desire to have a baby, Debashish refused but finally agreed to donate his sperm.

Following artificial insemination, Adrija gave birth to a boy in January 2006. But her husband refused to bear the expenses of the child and did not turn up at his annaprashan (rice eating ceremony of the child) in Kolkata, she said.

When she went back to the US, the torture started again, Adrija alleged.

Adrija was forced to obtain a protection order from a Pennsylvania court and return to India on May 22, 2007.

Once in Kolkata, she tried to get in touch with her in-laws but they allegedly assaulted her and her parents when she went to their home. Finally, she lodged a complaint at the local police station and moved the high court.

After hearing both the parties, the court observed that a case moved in the US was of little relevance as the marriage was solemnised in India under the Hindu Special Marriage Act and restrained Debashish or his family from taking custody of the child till further orders.

- IANS

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Monday, July 2, 2007

Indian consulate gives away 700 emergency certificates


Dubai, July 2 (IANS) The Indian mission in Dubai issued nearly 700 emergency certificates to illegal Indian workers to return home as hundreds of them thronged the Indian High School here.

Due to the heavy rush of Indian workers Sunday, the Indian consulate has decided to open a centre in Sharjah in the next two days for issuing certificates.

Last month, the United Arab emirates (UAE) government had set a deadline of three months for all illegal foreign workers to either get legal status to stay in the country or face deportation.

As of last week, close to 5,500 applications was received by the Indian mission here.

"We distributed about 700 out passes yesterday. We are starting a new centre at the Indian Association in Sharjah within two days. So people from Northern Emirate can go to the Sharjah centre to collect the certificates," Indian consulate spokesperson B.S. Mubarak said.

The Indian community is responding positively by helping the mission in processing amnesty-seekers' papers, he added.

There are around 1.4 million expatriate Indians in Dubai, many of them contract workers.

Meanwhile, some amnesty-seekers complained of delays in the processing of emergency certificates saying that they had to wait for hours just to submit their applications, the Khaleej times reported.

"I came here at 8 a.m. and I had to wait until 12.30 p.m. just to submit my application. Now I have to wait for another 15 days for the certificate," said Murugan. - IANS

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Monday, June 25, 2007

India to ban housemaids to countries refusing labour pact


New Delhi, June 25 In a move to contain increasing instances of exploitation, India is contemplating a ban on housemaids going to work in countries with which it does not have a labour welfare pact.

According to a new proposal from the Ministry of Overseas Indian Affairs (MOIA), a ban would force the countries to come to the negotiation table for a welfare agreement.

"The ministry is considering a ban on the emigration of Indian women having emigration clearance required (ECR) passport to a country if it refuses to negotiate a bilateral memorandum of understanding (MoU)," said an official source in the ministry.

"The ban could be lifted if the country returns to the negotiating table," the official added.

India has already signed similar MoUs with the United Arab Emirates (UAE), Kuwait, Qatar and Jordan and is negotiating agreements with Malaysia, Oman, Yemen and Bahrain.

It is believed that more than 200,000 Indian women are working as HSW (household service workers) in the Gulf region itself. The number of Indian housemaids has sharply increased in the last three-four years - from about 5,000 women, mostly from Kerala and Andhra Pradesh, in 2004 to 15,000 in 2005.

According to the source, Overseas Indian Affairs Minister Vayalar Ravi has already discussed the matter with a ministerial sub committee and with an inter-ministerial meeting convened specially to discuss the issue.

Officials pointed out that Saudi Arabia has not begun the negotiation process at the government level.

"The minister (Ravi) is of the view that women household workers cannot be protected in a country that is disinclined to sign the MoU for bilateral cooperation. He has already suggested a total ban on women workers to such countries," the official, who only spoke on condition of anonymity, told IANS.

The ministry has also suggested that a minimum wage be fixed and no woman be allowed to emigrate if the contractual wage was below the minimum wage.

"We have also proposed that every foreign employer directly recruiting an Indian woman emigrant must deposit a security of $2,500 in the form of bank guarantee at the respective Indian missions.

"The employment contract should be between the worker and employer, not with the agent. To avoid the malpractices of cancelling the insurance policies or refunding the one-time premium after the emigration formalities, we want insurance companies to give an undertaking that it should not cancel any policy except with prior written permission of protector general of emigrants (PGE)," the official added.

In order to check the increasing cases of exploitation at workplaces - household jobs fall under the informal sector and do not have the protection of labour laws in the respective countries - the ministry has already banned the emigration of HSW below 30 years of age.

"However, the reported cases are still in the rise. The very nature of their jobs makes the household workers prone to long hours, erratic work scheduled, verbal assault, physical and sexual abuses," the official pointed out.

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Sunday, June 24, 2007

Land mafia targets NRI land in Delhi


New Delhi, June 25 (IANS) The "land mafia" in the national capital seems to be turning its attention to non-resident Indians (NRIs) whose absence is usually long enough to grab their land and sell it illegally at whopping prices.

Four cases of unauthorised occupation of land, known here as land grabbing, that Delhi Police are investigating show how well-off NRIs, mostly settled in the US and Britain, are falling easy prey to such gangs.

Police officials say the land mafia - mostly a bunch of unscrupulous real estate agents - form a well-organised network to keep a close watch on the lands and properties of those NRIs who hardly visit the city.

"The land mafia has formed a complex web including government and bank officials to keep a tab on people who rarely visit their properties back home," a senior Crime Branch official told IANS.

The mafia not only sells such land with forged documents but also puts NRIs in trouble by obtaining bank loans against their property.

Statistics available with police show that at least 14 cases of grabbing and selling of land owned by NRIs - mostly in upmarket areas of south Delhi - have been registered in the past three years.

Explaining the modus operandi, an official said the culprits keep in touch with the contacts of NRIs in order to know about their visits and the duration of their stay in Delhi. They also study the status of their properties.

"Through these contacts, the mafia finds the person in whose name the initial conveyance deed - a legal document signed and delivered to effect a transfer of property and to show the legal right to possess it - has been executed by the NRI or the caretaker of the property here. After that the person is lured by the mafia with hefty amounts."

In most cases, the person is a property dealer who resides only a little distance away from the property. This person is first lured into the mafia loop, say police.

"As the original conveyance deed doesn't bear the photograph of the actual owner or NRI, the newcomer in the mafia group executes a general power of attorney (GPA) in favour of a property dealer of the mafia. They also spend hefty amounts in paying stamp duty," the official told IANS.

After completing the paper work, the mafia creates confidence in a prospective buyer, showing him the rosy picture that this particular property is available for a throwaway price. Sometimes the buyer is told that the owner needs money for his medical expenses or foreign trips.

Another modus operandi the mafia adopts is showing the prospective buyer a fake agreement and the receipt of a hefty amount as proof that the property has been sold off.

"Through such means they receive a hefty amount from a prospective buyer. If things become apparent to the buyer, they threaten him with dire consequences and while returning his money ask him to compromise on a much lesser amount," said another senior police official.

"It has also been noticed that such properties are mortgaged with banks for big loans."

"Banks are also sluggish in getting a case registered, as they report the matter after a gap of more than four or five years. Such attitude on the part of bank officials adversely affects the prospects of a case and apprehending the accused persons," the official added

.....By Sahil Makkar

- (c) IANS

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Thursday, June 21, 2007

Welfare fund for NRI workers mooted


New Delhi, June 21 (IANS) If the Ministry of Overseas Indian Affairs has its way, Indian workers abroad will soon have a welfare fund with a sizeable contribution from the country's insurance companies.

The fund will be utilised for training workers for overseas jobs, for providing humanitarian aid when they are in trouble at their work places and for helping them to resettle on their return.

According to official sources, a note has been prepared for the cabinet's consideration on creating a corpus for the NRI workers welfare fund, "which may be funded initially by the government".

The ministry has proposed that an initial amount of Rs.1.50 billion could be allocated in 2007-08 and this could be reviewed "as per requirement".

Overseas Indian Affairs Minister Vayalar Ravi is believed to have proposed that major insurance companies could be roped in to contribute to the welfare fund, to which even NRI workers also could chip in with a small amount - either as a one time payment or an annual one.

"It is estimated that every year about 600,000 workers - semi skilled and unskilled workers - travel to the Gulf region in search of job opportunities. Under the current regulations, each such worker is charged Rs.200 for an emigration clearance stamp on their passports," a ministry official said, speaking on condition of anonymity.

"We have proposed that this fee be enhanced to Rs.300, of which Rs.100 will be the workers' contribution towards the welfare fund," he added.

The ministry has recommended that a trust could manage the fund. There could also be an advisory committee chaired by the minister, with five central government nominees and an unspecified number of ministers from the states as its members.

A bureaucrat could head the executive authority for the fund, with its members being four secretaries from the states, a nominee of the finance minister and nominees of industrial houses and insurance companies, the proposal says.

The fund would be used for paying the government's contribution towards a sustenance allowance for NRI workers in need and for subsidising their rehabilitation on their return home.

"We are planning to implement the scheme through the banks," the official said.

"The objective of the fund will not only be to train these workers upgrading their skills and to equip them for leading a dignified life on their return. Therefore, during training, they would be eligible for a fixed stipend as decided by the trust," the official added.

"The welfare fund is meant to build confidence among the workers - who have made large foreign exchange remittances - to signal to them they will be looked after by while they are abroad and also when they return to their homeland," the official explained.

The proposal will have to be approved by ministries of external affairs, finance, labour and law, as also the Planning Commission.

There are around five million Indian workers in the Middle East and the Gulf itself and they contribute around 50 percent of the total annual remittances of $25 billion sent by overseas Indians. The remittance from overseas Indian workers - most of who are based in the Gulf - is significantly higher than the remittances from others.
- In Association with IANS

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