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The rupee plunge
US-Pak strained ties |
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An embodiment of grit
India’s ‘Look East’ policy
Who let the dogs out?
Both jobs abroad and grooms settled abroad remain irresistible carrots for many Indians, who grab them often with unfortunate consequences. But the legal framework for protection and punishment remains inadequate and weak
Trial now possible for abuses in marriages abroad
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The rupee plunge
Thursday saw a major shake-up in global financial markets after the US Federal Reserve made a gloomy assessment of the US economy. Stock markets plunged worldwide and the BSE index suffered its worst one-day loss in two years. Foreign investors are dumping stocks for gold. The rupee touched a two-and-a-half year low. The Indian currency has depreciated about 10 per cent this quarter and lost 2.44 per cent on Thursday alone despite a feeble intervention by the RBI. Going by the Thursday rate, one has to pay Rs 49.58 for a dollar compared to Rs 44.08 on August 1 this year. In simple terms it means students will have to pay more money for studies abroad. Travellers buying dollars to go on a foreign holiday will also take a hit, while non-resident Indians (NRIs) coming back home with dollars in pockets will benefit as also foreign patients visiting India for treatment. Cash-rich NRIs are sending back home more remittances to take advantage of the favourable exchange rate and higher rates of interest in India. The RBI often sells dollars to contain the rupee slide. But given the turmoil in world markets, it wants to save dollars for an emergency. Instead, it is encouraging Indians to send rupees abroad. It has allowed resident Indians to pass on rupee gifts of up to $200,000 in a fiscal year to close relatives abroad. They can pay medical expenses and repay domestic bank loans of foreign relatives. For the government the rupee fall has brought in trouble. Since India heavily depends on imported oil, the government’s oil and subsidy bill has shot up. The last petrol price hike was partly attributed to the rupee decline. The costlier oil has weakened the fight against price rise. In the corporate sector exporters like IT, leather and gems and jewellery firms stand to profit but their gain has been nullified by fears of recession in the US and Europe. It is a volatile world. |
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US-Pak strained ties
The assertion of Admiral Mike Mullen, chairman of the US Joint Chiefs of Staff, that the “Haqqani (terror) network … acts as a veritable arm of Pakistan’s Inter-Services Intelligence (ISI) Agency” shows that the love-hate relationship between the so-called “key allies” in the war against global terrorism is fast getting transformed into a hate-hate one. Admiral Mullen has bluntly told Pakistan that Haqqani operatives attacked the US Embassy and Inter-Continental Hotel in Kabul and assassinated former Afghanistan President Burhanuddin Rabbani with ISI help. This amounts to saying that the ISI is like any terrorist outfit and should be dealt with accordingly. The top US military official, due to retire soon, made this comment after a long meeting with Pakistan Army Chief Ashfaque Parvez Kiyani in Spain on the sidelines of a NATO conference. Perhaps the two, though considered friends, could not come to an agreement that Pakistan must abandon its policy of using terrorist networks to achieve its geopolitical objectives. Before Admiral Mullen’s terse comment came the remarks by US Ambassador to Pakistan Cameron Hunter that “there is evidence linking the Haqqani network to the Pakistan government”. US Defence Secretary Leon Panetta, blaming the ISI for the successful operations of the Haqqani network against US interests in Afghanistan, told Pakistan while addressing a gathering at the Pentagon this week, “If you are against terrorism, you have to be against all forms of terrorism”. Amidst the rising tension between the US and Pakistan the Senate Appropriations Committee, a key US Congressional body, has suggested that security and economic aid to Pakistan must be linked to its cooperation in fighting the Haqqani network and other terrorist outfits. There are clear indications that if Pakistan does not cooperate with the US in defeating its enemies in the Af-Pak region Washington may ignore Islamabad and go ahead with its plans to safeguard its interests in the area. The US has already started using what it calls the Northern Distribution Network, avoiding the routes passing through Pakistan, for its supplies to Afghanistan. Now what course the US takes to tame Pakistan remains to be seen. It seems the US post-troop withdrawal strategy for Af-Pak is undergoing a change. |
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An embodiment of grit
The passing away of Mansur Ali Khan Pataudi in New Delhi on Thursday marked the end of an era in Indian cricket. The Nawab of Pataudi or just Pataudi, as he was called, was a cricketing legend who set new standards for generations to follow. It was his extraordinary determination and grit that kept him going despite the loss of an eye in a road accident. He went on to become captain soon after, teaching India how to win abroad, how to play unorthodox shots and also how to dress on the field. Some of these are examples followed and improved upon by several cricketers and captains since Pataudi began and ended playing. ‘Tiger’ became the captain of India at the age of 21, the youngest-ever in Indian cricket and the second youngest in Test history (Tatenda Taibu became the Zimbabwe skipper at the age of 20). It was an injury to Indian skipper Nari Contractor during the 1961-62 series in the West Indies that gave ‘Tiger’ the captaincy, a job he did for 40 Tests. One of the reasons for him to be promoted as captain ahead of senior players was his ability as a public speaker, made so much better with his Oxford University education. ‘Tiger’ went on to script India’s first-ever Test win abroad, as well as a series win, coming in New Zealand in 1962. He was the first to realise that India needed to capitalise on its strengths to win Test matches. He formulated the three-spinner plan, which brought laurels to Indian cricket for a considerable period of time. ‘Tiger’ was the original style statement of cricket in India. The rakish hairdo, the long sleeves, rolled up to three-quarter lengths and the raised collar were standard issue for him. He moulded the cricketer into a character, something emulated by many big names in Indian cricket, ranging from Abbas Ali Baig, Farokh Engineer, Abid Ali and Salim Durrani, right down to the likes of Ajit Wadekar, Sunil Gavaskar and Karsan Ghavri. Even after he retired as a cricketer, he was always sought out for his correct and terse commentary on the state of the game, as well as his ability to say it like he saw it, something that is largely missing in the cricketing community today. |
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Leadership is the wise use of power. Power is the capacity to translate intention into reality and sustain it. — Warren G. Bennis |
India’s ‘Look East’ policy
India’s relations with China have entered a new phase as New Delhi asserts its rights in the international waters of the South China Sea and deepens its engagement with Hanoi. The Indian External Affairs Minister was in Vietnam last week when India snubbed China and made it clear that ONGC Videsh Ltd (OVL) will continue to pursue oil and natural gas exploration in two Vietnamese blocks in the South China Sea. Asking countries “outside the region” to stay away from the South China Sea, China had issued a demarche to India underlining that Beijing’s permission should be sought for exploration in Blocks 127 and 128 and that without it, OVL’s activities would be considered illegal. Vietnam, meanwhile, had underlined the 1982 United Nations Convention on the Law of the Sea to claim its sovereign rights over the two blocks being explored. India decided to go by the Vietnam’s claims and ignore China’s objections. The official Chinese reaction to the Indian decision was an assertion that China had undisputable sovereignty over the South China Sea and its islands and that Beijing remained opposed to any country involving itself in oil and gas exploration there. But the official media has come out all guns blazing. The Global Times, an influential Communist Party-run newspaper, called India’s dealings with Vietnam a “serious political provocation” that would “push China to the limit.” It went on to argue that “China should try every means possible to stop this cooperation from happening.” Expressing its concern over the involvement of extra-regional powers in the South China Sea, the paper claimed, “China and relevant countries should digest the conflicts within the South China Sea, but when other countries step in, China should oppose them with all involved having to share the blame and resulting losses.” Though the paper often expresses the more hard-line nationalist sentiment in the party, main editorials are published with the approval of the Communist Party. India’s bold move is aimed at asserting India’s legal claims in the international waters of the South China Sea as well as strengthening its relationship with Vietnam. Both moves unsettle China which views India’s growing engagement in East Asia with suspicion. With China expanding its presence in South Asia and the Indian Ocean region, India is staking its own claims in East Asia. Most significant in this regard is India’s growing engagement with Vietnam. Bilateral ties between India and Vietnam have got strengthened in recent years with the focus on regional security issues and trade. Traditionally, India has had a favourable presence in Vietnam with its support for Vietnamese independence from France and eventual unification of the country as well as its opposition to the US involvement in the Vietnam War. With the rise of China in recent years, their ties have become strategic in orientation. The two states promulgated a Joint Declaration on Comprehensive Cooperation in 2003 in which they envisaged creating an “Arc of Advantage and Prosperity” in Southeast Asia and have initiated a strategic dialogue since 2009. During his visit to Hanoi last week, the Indian External Affairs Minister, along with his Vietnamese counterpart, co-chaired the 14th India-Vietnam Joint Commission Meeting on Trade, Economic, Scientific and Technological Cooperation and agreed to add greater content to bilateral relations in the fields of defence and security, trade and investment, education and culture.” Bilateral trade has grown since the liberalisation of Indian and Vietnamese economies with the trade volume now exceeding $2 billion. The signing of the India-ASEAN Free Trade Agreement and India’s recognition of Vietnam’s market economy status will further boost economic ties. Vietnam has backed a more prominent role for India in ASEAN as well as India’s bid for the permanent membership in the UN Security Council. Given that Vietnam and India use the same Russian and erstwhile Soviet platforms, there is a significant convergence between the two in the defence sector. Vietnam has sought Indian help in the modernisation of its military hardware. India’s exploration interests near the Vietnamese coasts have been threatened by China’s diplomatic offensive. Delhi and Hanoi have significant stakes in ensuring sealanes security and preventing sea piracy while they also share concerns about Chinese access to the Indian Ocean and the South China Sea. Indian strategic interests demand that Vietnam emerge as a major regional player and India is well placed to help Hanoi achieve that objective. It has been argued in Indian strategic circles that just as China has used states in India’s periphery to contain India, Delhi should build states like Vietnam as strategic pressure points against China to counter it. India has decided to work with Vietnam to establish a regular Indian presence in the region as part of a larger Delhi-Hanoi security partnership with Vietnam giving India the right to use its port of Nha Trang. Delhi and Hanoi have significant stakes in ensuring sealanes security and preventing sea piracy while they also share concerns about Chinese access to the Indian Ocean and the South China Sea. Indian strategic interests demand that Vietnam emerge as a major regional player and India is well placed to help Hanoi achieve that objective. India has been helping Vietnam for beefing up its naval and air capabilities. If the South China Sea is a disputed area for China and India should refrain from entering the fray so as to respect Chinese sensitivities, then India can rightfully ask China to do the same in Pakistan-occupied Kashmir, an area recognised by all major powers as a disputed territory. Yet China has had no compunction in enlarging its military and economic presence in the region. A common approach on the emerging balance of power is evolving with India and Vietnam both keen on reorienting their ties with the US as their concerns about China rise. And a similar commonality of views is emerging among major powers on the South China Sea disputes which will hopefully force China to moderate its maximalist position on this issue. India’s entry into the scene was overdue. Now it should focus on building strategic partnerships with regional powers. Vietnam is a good place to begin this
process. The writer teaches at King’s College, London. |
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Who let the dogs out?
Having
watched 'Tour De France', live on the television, my interest in
cycling was rekindled and hence I dusted a cycle, carelessly lying
abandoned by kids, to convert it into a workable contraption; armed
myself with a helmet to ward off dangers of the road and pedalled away
merrily on to the lovely cycle tracks of the city getting a feel of
riding into a deep tunnel with trees as a canopy. Suddenly, amidst a sharp russel of leaves and a flurry several dogs leapt at me. Furious barks, yelps and a horrified roar from me drowned the quietness of the morning. My cycle wobbled as I jumped down in panic. The dogs retreated with mean glints in their eyes, glancing over their shoulders as if saying “One who fights and runs away, lives to fight another day.” My meditative mood now replaced by a contemplative one, I pedalled on, seriously mulling over the idea of talking to someone who mattered in the administration. The next day I ventured out again watchfully observing the spot of the earlier day's ambush. I saw the whole gang of dogs resting there, eyes reflecting an anxious wait over the night, for the dawn to break, when unsuspecting joggers and cyclists would come to offer them a tempting feast of succulent calves. As I approached them, the leader of the pack and his number two aide in command positioned them separately on both sides. Both froze, looked intensely at the intended target, (my ankle) heads lowered, lolling tongues withdrawn, a picture of extreme concentration and the moment the target came within the achievable range, they barked, raced and struck. But this time I was prepared and jumped from the bike giving out a full throttled cry, forcing their retreat. I was now determined to talk to the powers that be. As I pedalled on, I saw a 'stately' gentleman with an equally 'stately' gait with eight to 10 canines prancing around him, a picture reminiscent of the the Pied Piper walking with rats in tow - only in this case it were the dogs. They barked furiously and rushed at me perceiving my presence to be a threat to their master to whom they were so devoted. My howl and an admonishment from their stately master, however, reined them
in. |
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Both jobs abroad and grooms settled abroad remain irresistible carrots for many Indians, who grab them often with unfortunate consequences. But the legal framework for protection and punishment remains inadequate and weak
Recent reports revealed how several Indian youth were bought and sold as slaves in Iraq. These horror stories surfaced when 15 Indian youth returned from Baghdad to recount their chilling experience. Gullible, semi-literate, economically weak and under-privileged youth are being tempted by agents with promises of dollars and rich fortunes. Many of the victims sell ancestral land, mortgage family property, pawn jewellery and force family members to incur loans for financing their foreign dreams. The agents extract full advance payment in cash and sell them to the merchants of death. These innocent youth board flights to unknown destinations and land in the hands of human sharks who trade them for profit. In the recent case, innocent youth proceeded to Baghdad from Dubai and were resold to sub-agents. Under the watchful eyes of AK 47 toting guards, they were forced to clear explosives from agricultural fields in which remnants of the 2003 Gulf war i.e. bombs, rockets, shells, missiles, cartridges and other ammunition were scattered. With bare hands, these youth were made to run after tractors which unearthed these deadly explosive materials and thereafter physically pick them up to clear the fields for plantation. Any resistance was severely dealt with. Passports were confiscated and locked. The working conditions were pathetic. No defined working hours, no wages, no protective gear and no contact with the outside world. 20 youth were cramped in a single room with inedible and meagre food, limited water and no toilet. Beatings, physical assault and painful cigarette stubs were inflicted as a routine. Any protest fetched further inhuman treatment and more torture. Human smuggling, unfortunately is not defined as an offence under any Indian law. The Government of Punjab did take the initiative of enacting "The Punjab Prevention of Human Smuggling Act, 2010" which was passed by the Punjab Vidhan Sabha on 1 October 2010 and sent for Presidential assent in accordance with the provisions of Article 254 (2) of the Constitution of India. But the status of the Bill is unknown. At the Central level, there is no statutory enactment of the Government of India which attempts to define or punish this menace of human smuggling. It is thus, a lawless proposition. Today, law does not consider it a specific offence and the Experience shows that travel agents booked under the offence of cheating defined in the Indian Penal Code have seldom been convicted. There is rarely any documentary evidence of money changing hands and the loosely phrased offence escapes the noose of punishment. At best, the trapped and defrauded youth, if they survive the ordeal and manage to return, are happy as a portion of the illegal cash amount is refunded. The matter is settled out of court, the case is buried and the agent resumes the business of catching more innocent youth for the business of trading. The law continues to turn a blind eye. It is time the Parliament seriously contemplated enacting a central law defining human smuggling. The long arm of the law must reach out to capture those who indulge in this business of human trafficking. The remedy, whether in Andhra Pradesh, Tamil Nadu, Punjab or Kerala, is the same. The youth and their families need to be educated about the pitfalls of illegal migration. Also, meaningful sources of self employment or vocational avenues at home need to be identified and publicised. If you have to travel or migrate, use legal means. Beware of pitfalls and traps. Do not adopt unethical means. Undertake proper documentation and do valid paper work before you depart. Do not venture into dubious and unethical pastures of illegal immigration. Do not be misled by verbal promises or rosy pictures. Likewise, meaningful campaigns and publicity of migrating the right way would be helpful. Official agencies, particularly the consular sections of Indian embassies abroad must be far more pro active. They must reach out to Indian citizens in distress. The External Affairs and the Overseas Indian Affairs Ministries must not remain silent spectators. Indian citizens abroad cannot be traded like slaves. |
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Trial now possible for abuses in marriages abroad
Now abandoned brides, jilted spouses, destitute children and families offended by NRIs abroad can hope to get some redress in Indian Courts. The vexed jurisdictional question for seeking relief in split NRI marriages for criminal wrongs has been set at rest by the Supreme Court Judgment of 2 September in Thota Venkateswarlu Vs. State of A.P., in which it has been held that Indian Courts, with the prior consent of the Central Government, can try offences committed by an Indian citizen in a foreign country. The case related to a Hindu traditional marriage solemnised in Andhra Pradesh with allegations of torture of the wife in Botswana. Allegations of cruelty by the husband or his relatives, criminal breach of trust by misappropriation of a woman's personal property, dowry wrongs, criminal neglect to maintain spouse, children or parents, bigamous marriages and commission of adultery are commonly cited criminal offences in NRI marriages. With 30 million NRIs spread across 180 countries abroad, the incidence of such offences is quite high. However, the process of criminal investigation and trial in India can be tardy and hedged with jurisdictional objections to thwart and delay award of punishment. In this scenario, the Supreme Court judgment provides some relief to the unfortunate victims. In terms of Section 4 of the Indian Penal Code (IPC), Indian criminal courts can try an accused Indian citizen even if the offence is committed outside India. Under Section 188 of The Code of Criminal Procedure (CrPC), if a criminal offence is committed by an Indian citizen outside India, he may be dealt with in respect of such an offence as if it had been committed at any place within India at which the Indian citizen may be found. However, no such offence shall be inquired into or tried in India except with the previous sanction of the Central Government. An analysis of the settled law on the proposition can be interpreted to lay down the following conclusions: n Offences under the Dowry Prohibition Act occurring within the territorial jurisdiction of the criminal courts in India can be tried without having to obtain previous sanction of the Central Government. n Alleged offences of matrimonial cruelty and criminal breach of trust committed by an Indian spouse outside India, where the couple resided, may be dealt with as if they had been committed in India. Previous sanction of the Central Government would be necessary in such cases. n In respect of offences alleged to be committed outside India, previous sanction is required to be taken by the prosecuting agency before the trial can commence. However, this restriction applies only at the trial stage and no sanction is required till commencement of trial. The pronouncement will enable criminal courts in India to proceed with clarity in the dispensation of justice to wronged NRI marriages. The jurisdiction of the Indian courts in respect of NRI marital offences will no longer be lost by reason of the venue of the offence. Clearly, the objective of seeking prior sanction of the Central Government is only to prevent the accused from being tried in two different places for the same offence and not to escape the noose by jurisdictional immunity. In an earlier decision, the Supreme Court, in Fatima Bibi vs State of Gujarat(All India Reporter 2008 SC 2392) had come to the rescue of a mother-in-law, a Mauritius national, who was accused by her Indian daughter-in-law in Gujarat of torture, intimidation and instigation, as offences under the IPC in respect of physical and mental cruelty while residing with her husband in Kuwait. The apex court allowing her appeal had quashed the criminal proceedings and held that since the offences were said to have been committed in Kuwait, the IPC or CrPC would have no application. Further, as a citizen of Mauritius, the mother-in-law was not liable for prosecution under the IPC in India for offences committed outside India. If Indian law is beyond the scope and purview of application, the solutions and answers may lie elsewhere. In view of the increasing Indian diaspora abroad, principles of private international family law seriously need to be debated to assemble mechanisms within legal frameworks of the respective countries. This needs urgent and immediate deliberation at international platforms for common unified and humane solutions. Anil Malhotra is a lawyer and author of “India, NRIs and the Law” and co-author of “Acting for Non resident Indian Clients” |
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