US-President-Barack-Obama-and-Manmohan-Singh-IndiaKhobragade scandal sheds new light on India’s rotten diplomacy
February 08, 2014 New Delhi. By P.K. Jabir, Founder-CEO of Overseas Indians’ Legal Cell

Obama has described that the relationship between India and United States would be one of the “defining partnerships” of the 21st century while visiting the country in 2010, praising its tradition of tolerance and its free market economy. The latest diplomatic rift between India and the U.S. shows all its ‘diplomatic triumphs’ turned upside down in a chaotic manner, exposing India’s deliberate failure to adhere to the statutory duties and state responsibilities under international law.

The gruesome experiences of the writer of the last 18 years in dealing with the Ministry of External Affairs have been briefed separately. They reveal the cruelties of Abu Dhabi authorities and the inaction of the MEA, the Government of India in spite of the order of the Delhi High Court.

Unfortunately, India’s concept of “diplomacy” is often misconstrued and put to maximum abuse by their officials. Some privileged elites in the MEA, New Delhi, irrespective of their caliber, seniority and eligibility, manage to get themselves inducted into diplomatic missions with ulterior motives. Such people lack the experience of professional diplomacy; bring ill-fame to the nation when they attempt to make undue financial gains through indecent means.

The officials of MEA, Government of India approached over the Devyani Khobragade issue, without properly conceiving the fathoms of International treaty laws, the Vienna Convention on Consular Relations (VCCR) 1963 and the Vienna Convention on Diplomatic Relations (VCDR) 1961. They lacked deep knowledge of the rules governing the Consular Functions including the various categories of Diplomatic Immunity of the members of a diplomatic mission. [Article 5 & 36 of the VCCR specify consular officials’ duties when citizens of their country face difficulties in a foreign State(3)].

Criminal elements are also flourishing in India under the guise of ‘diplomatic immunities and reciprocal privileges or treatments’. The case of a senior UAE diplomat who smuggled about 37 kg of gold worth at least US$2 million (Rs.11 crore), last year, into New Delhi International Airport is just an example. The Directorate General of Revenue Intelligence (DRI) has taken up the matter with the Ministry for action against the diplomat who is still at large. The MEA responded that the UAE diplomat enjoys immunity under international law, from criminal, civil and administrative jurisdictions of the receiving State.

Khobragade’s arrest on December 12, 2013 and subsequent strip-search sparked outrage in India and prompted a range of retaliatory measures in Delhi against U.S. diplomats. The very concept of the solemn document, the Vienna Convention on Diplomatic Relations of 1961 has been misinterpreted in India in this case, as it has been grossly misinterpreted in the case of Italian Ambassador to India in 2013.

The United States anti-trafficking strategy set forth in December 23, 2008; the President Bush signed into law a bill that enhances measures to combat human trafficking. ‘The Trafficking Victims Protection Reauthorization Act of 2008′ was named after English abolitionist William Wilberforce, who led the Parliamentary movement against the British slave trade in the early 19th century.

The U.S. has also agreed to ‘UN Protocol against trafficking in persons’ who provides a working definition of human trafficking and a common basis for criminalizing the trafficking of persons, especially women and children. Devyani Khobragade, 39, India’s deputy consul general in New York is the third Indian diplomat to be accused of cheating the U.S. authority from trust to trafficking.

On January 08, 2014 Khobragade was granted G1 visa with full diplomatic immunity by the State Department, which then asked India to waive the immunity so that she could face the charges. That request was refused and the State Department then requested her immediate departure. The next day she left New York for India. The same day, Khobragade was indicted by a federal grand jury in Manhattan. The indictment said Khobragade had made multiple false representations to U.S. authorities. The indictment accuses her and others of trying to “silence and intimidate the victim and her family and lie to Indian authorities and courts.”

The description about ‘a series of efforts to intimidate the victim, Sangeeta Richard and her family in India’ reveals the ill-equipped and possibly abusive actions of the Indian authorities over the Khobragade affair. In a letter to the judge, U.S. prosecutors said “we will alert the court promptly if we learn that the defendant returns to the United States in a non-immune capacity, at which time the government will proceed to prosecute this case and prove the charges in the indictment.

We should applaud Preet Bharara, the United States Attorney for the southern district of New York, for taking a victim-centered approach in this case. The U.S. authority and attorney Dana Sussman of Safe Horizon representing Ms Richard, who has taken every step under law to protect the victim and her family; they were flown to a safety zone, safe in every respect, until completion of the legal proceedings in the case.

There’s a very important message from the great city of United States, New York, that ‘all the progressive and democratic governments must adopt a ‘victim-centered approach’ in their criminal justice process and thereby modernizing and strengthening the Integrity of the Judiciary and people’s confidence in their justice systems’.

The External Affairs Ministry of India has already done great damage to the Nation’s image by its wrong presumptions and hasty actions in dealing with the situation. Sincere efforts are to be made at appropriate levels to regain its glory.

A victim of repeated betrayal and deception by the MEA, New Delhi:
[The case of a “Judgment Creditor”, the writer, who has been kept waiting for the past 18 years for justice]

The writer is a torture survivor of inside the regime’s brutal prison in Abu Dhabi, United Arab Emirates and most importantly a THREE times of Judgment Creditor (winner) from the Legal Courts of Abu Dhabi, United Arab Emirates. Government of India has never risen to the occasion against the brutality and humiliation inflicted upon an Indian citizen in UAE despite multiple judgments from that country in his favour.

A ‘serial entrepreneur’ in Abu Dhabi, UAE, engaged in the business of Trading, General Contracting etc., he had a dispute arose with a local landlord. He instituted a civil suit in Abu Dhabi Court for settling the issue. An interim order was granted by Abu Dhabi Court of Justice in his favour.

The landlord, in collusion with local police, turned against the writer (the petitioner) and took recourse to all illegal means to withdraw the ‘Civil Suit’. On October 26, 1995, the petitioner was brutally tortured and literally dragged out of his office along the street in the presence of known friends and bystanders. He was confined to a detention center where he had to undergo extremes of cruelties and humiliation from Abu Dhabi Police which no human being can withstand. After four months of his illegal detention, a false case was registered against the petitioner, alleging “Using force against Government employee and assault”. It took six months thereafter, for the petitioner to have his first appearance in Court.

The innocence of the petitioner had been ultimately upheld by the Hon’ble Judge of Abu Dhabi Legal Court of First Instance. The Court found that, the Prosecutor was guilty of proceeding against the petitioner. The Court acquitted the petitioner of all the charges leveled against him and directed the authorities to prosecute the policeman involved and also the landlord – for being guilty of deception.

The office of the public prosecutor, Abu Dhabi filed an appeal against the decree of the legal court of the first instance. The case finally came up before the Apex Court, comprising the three-judge panel. The petitioner was granted bail on the filing of the appeal. However, despite the bail and sureties he was not released from the prison. During the hearing, the police officer dropped his claim from his complaint with a declaration attested by the Notary Public. Finally, the landlord and the prosecutor followed suit and told that they have absolutely no case against the accused.

The eminent Jurists Panel of Apex Court found that the accused was innocent; rather ‘a martyr’. The appellate review highlighted the culpability of the policeman and emphasized the notoriety of his actions. “It further reiterated the condemnation of prosecutor”. The Court, therefore, ordered restoration of victim’s dignity and respect and to compensate for all his losses while pronouncing a ‘Landmark Judgment’.

In the wake of the concurrent judicial findings of the Court, he should have been restored to his former status and position and adequately compensated for his mental agony and sufferings. Unfortunately, the UAE authority acted in total defiance of the findings and sentiments expressed by the judicial establishments of that country and on September 28, 1996 the petitioner was deported to India as if he was punished for a crime.

After reaching India, the petitioner has made every effort to uphold his dignity and his rights. In October 1996, a writ petition was filed before the Hon’ble Supreme Court of India. The Supreme Court directed Delhi High Court deal with it. The High Court of Delhi directed the Government to settle the matters within two months. On January 28, 2004 the High Court of Delhi observed in its order that the Government should inform the Court of the steps taken to protect the rights of the petitioner.

The judgment dated 19-9-2007 of the Delhi High Court had extracted a previous letter of the Government reading: “Shri. Jabir should pursue his legal action already done by him through the UAE Courts. Although under Section 86 cannot be granted for suing the UAE Government, we are taking up the matter with our Embassy in Abu Dhabi once again, requesting them to pursue this case at appropriate level”.

The petitioner’s letter to the MEA on July 04, 2012 enquiring the status of the case under the Right to Information Act was answered by an evasive reply that they do not have any records of the case with them. The anguish of the citizen can be imagined.

Under international law, the state is responsible for all actions or omissions of its officials and organs. This is the function of the basic rules of international law concerning the responsibility of States for their internationally wrongful acts and the legal consequences which flow therefrom. The ‘successor governments’ also remain bound by the acts incurred by the ‘predecessor governments’.

In January 30, 2013 endeavours were made by the petitioner towards a strategy formulation and implementation of ‘Mutual Human Rights Law and Reparation Mechanisms’ between the Government of India and the GCC (Gulf Cooperation Council) countries, mandating our elected representatives and officials to eliminate discrimination and imbalances of millions of overseas Indians working in different countries. This also involves the recognition and protection of the dignity and respect of individuals.

In response, the MEA, New Delhi, explained that the government of India has established various arrangements for the welfare of Indian community and assistance to the distressed Indians abroad. Later, the same ministry has written that whatever the arrangements it made for the welfare of Indian community and assistance to the distressed Indians abroad are only their ‘VISION’ and nothing else!

The officials of the Ministry of External Affairs should feel themselves guilty of their inaction in protecting the innocent Indians trapped in false cases in the UAE and other Gulf (GCC) countries.

The tragedy of this generation is that the “victims” are always neglected. Their agonies, losses and sufferings are never resolved. As long as the tears of the victims are not wiped, all the progressions we have made hitherto are only ‘teasing illusions and promises of unreality’.

[The petitioner’s case had been espoused by a great jurist and Judge of the Supreme Court of India – ‘Justice V.R. Krishna Iyer’.Senior Advocate K. Sukumaran‘, a former Judge of the High Courts of Kerala and Bombay appeared in the matter before the Supreme Court and the High Court of Delhi].

[P.K. Jabir can be contacted at: info@legalcell.com]

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Pravasi-Bharatiya-Divas-2014New Delhi to host 12th Edition of Pravasi Bharatiya Divas 2014
November 05, 2013 Delhi

The 12th edition of the Pravasi Bharatiya Divas (PBD) Convention to be held in Delhi from 7th to 9th January 2014 at Vigyan Bhawan New Delhi. The Theme for ‘PBD 2014′ would be ‘Engaging Diaspora: Connecting Across Generations’. One of the focus areas of the PBD this year is a Youth PBD on 7th January 2014 to open new horizons of a strong network of young overseas Indian. This was announced by Shri Vayalar Ravi, Minister for Overseas Indian Affairs here today.

The Minister said that with majority of our youth population, India is a young nation. It is in the fitness of things, therefore, that there is a focus on Youth PBD during the 12th edition of the Pravasi Bharatiya Divas. Minister highlighted the fact that Youth is one of the engines that drive a nation and if we are to propel India to greater heights, we need to harness this energy, he added.

The Prime Minister, Dr. Manmohan Singh, will inaugurate PBD, flagship event of the Ministry of Overseas Indian Affairs on January 8th and the President, Shri Pranab Mukherjee, will deliver the valedictory address on 9th January and confer the Pravasi Bharatiya Divas Samman Awards.

In the session focused on youth on 7th January, 2014 there will be discussion on “ Aspiration of Diaspora Youth” followed by Concurrent Session on “ Sharing a Common Heritage: The Emotional Connect, Young Achievers and on “Emerging India in a Dynamically Changing World”. On the 8th & 9th January, 2014 there will be a Plenary Session on “ India’s Growth & Development Agenda”, “ India’s Soft Power” and “ Investment Opportunities in the States”. There will also be concurrent exhibition showcasing with participation from State Governments, Corporates, Financial Institution, NGOs and other sectors. This time the Ministry of Youth Affairs and Sports will be the Partner Ministry for the PBD.

It is expected that there will be enthusiastic participation over 2000 delegates from our heterogeneous and diverse overseas Indian community spread across the global are expected in the convention in the forthcoming PBD.

The purpose of the Pravasi Bharatiya Divas is to have meaningful interaction with overseas Indian that would address their issues ans concerns. The PBD Convention provides a unique platform for overseas Indian to interact among themselves and with the Government of India and the Government of Various Indian States. It is a forum where the Government of India showcases investment opportunities in India and its potential in various sectors.

Pravasi Bharatiya Divas (PBD) is celebrated on 9th January every year to mark the contribution of Overseas Indian community to the development of India. January 9 was chosen as the day to celebrate the role of Overseas Indians since it was on this day in 1915 that Mahatma Gandhi, the greatest Pravasi, returned to India from South Africa to lead India’s freedom struggle and to change the lives of Indians forever.

THE SOURCEBOOK OF INDO-GULF REPARATION MECHANISMS

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The ‘Sourcebook of Indo-Gulf Reparation Mechanisms’ reveals a truly horrific experience, roughly 19 years of the author’s prime of life, who is a UAE torture survivor of inside the regime’s brutal prison in Abu Dhabi, United Arab Emirates and most importantly a THREE times of ‘Judgment Creditor’ from the Legal Courts of Abu Dhabi, United Arab Emirates and still is frustrated in the course of enforcing his judgments.

The book also exposes ‘the Myths and reality’ of the Ministry of Overseas Indian Affairs & Indian External Affairs.

The bureaucrats in both the Ministries (MOIA & MEA) are pretends to be public servants, all the while they are greedy blood suckers selling Indian workforce to the so called Gulf States, no matter how deeply their wounds may run. Indian migrants in the Gulf countries are continue to be exposed to the gross violation of Human Rights and exploitation, without due respect of their life and dignity.

On the other hand, the victimization is multiplied many fold by the lack of knowledge or understanding of international norms and standards among the judiciary, that has been entrusted with a greater responsibility of supporting the victims and the survivors….VISIT ‘JFS PUBLICATIONS!’’

More News on India

‘Indo-Gulf Reparation Mechanisms’ Timeline Highlighting Submissions & Responses
Endeavours made by Shri. Panikkaveetil K. Jabir towards formulation and implementation of a Mutual Human Rights Law and Reparation Mechanisms Between the Government of India and the Gulf (Gulf Cooperation Council – GCC) countries, mandating our elected representatives and officials to eliminate discrimination and imbalances of Non-Resident Indians (NRIs) working in different countries. This also involves the recognition and protection of the dignity of individuals. Full Text
http://reparationlaw.com/caselaw/indo-gulf-reparation-mechanisms-timeline-highlighting-submissions-responses/

India is home to nearly half of world’s 30 million modern-day slaves

The Global Slavery Index lists India as the country with by far the most slaves, with an estimated nearly 14 million – almost half of the total number worldwide. China follows, with an estimated 2.9 million enslaved, and Pakistan comes in third with an estimate of over 2 million in modern slavery. Full Text
http://www.reparationlaw.com/news/india-is-home-to-nearly-half-of-worlds-30-million-modern-day-slaves/

 


Overseas-Indian-Affairs-Ministry-Migrant-Rights‘India’s national shame’
25 October, 2013: Delhi

“The establishments of institutional arrangements for the welfare of ‘Overseas Indian Community’, as highlighted by the Government of India, are intentionally deceptive, untruthful and purport to demonstrate that there are procedural remedies or tactics”.

In January 30, 2013 endeavours were made by this petitioner towards a strategy formulation and implementation of ‘Mutual Human Rights Law and Reparation Mechanisms’ between the Government of India and the GCC (Gulf Cooperation Council) countries, mandating our elected representatives and officials to eliminate discrimination and imbalances of Overseas Indians working in different countries.

The Ministry of External Affairs, New Delhi has written to the petitioner that the Government of India has established various arrangements for the welfare of Indian community and assistance to the distressed Indians abroad.

Soon after the second reminder of the petitioner, the ministry wrote insistently, vide its letter that whatever the Ministry had written about it are only their ‘VISION’ and nothing else. The captions may hence, not be treated as confirmations
Read ‘India’s national shame’ full text: http://www.judgmentforsale.com/blog/indias-national-shame/

 


illegal_worker_ in_UAEThe Andhra Pradesh High Court has directed the state and federal governments to submit a report by today on the action taken by them on representations made by the Migrants Rights Council (MRC) seeking assistance for Indian illegal workers in the UAE, in the wake of the amnesty announced by the UAE government.

Justice C.V Nagarjuna Reddy gave the orders, while taking up a joint writ petition filed by the MRC and the Palamooru Migrant Labour Union, directing the authorities concerned to bring back all the immigrant workers residing illegally in the UAE by offering attractive return and re-integration package to all the eligible returnees.

MRC vice-president M. Bheem Reddy told Khaleej Times on Sunday that counsel for government argued that the administration needed at least three to four weeks’ time to file the Action Taken Report (ATR), but Justice Reddy said there would be no meaning to the ATR then, since the amnesty announced by the UAE government ends on February 3. The MRC had subsequently also written to Prime Minister Manmohan Singh, seeking his intervention in the matter.

The petitioners submitted that there was no response from the government, to the representations made by them seeking intervention and effective steps to repatriate the migrant workers belonging to Andhra Pradesh by providing them a return and reintegration package.

They also wanted the government to provide free or at least subsidised air tickets for those who avail of the amnesty along with the return and reintegration package to the immigrants to settle down in their home towns.

Source: Khaleej Times