Lawyers India

NRI Affairs

Need for establishing a viable Indo-Gulf Reparation Mechanism

“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. Serious failures and inadequacies to comply with statutory or regulatory obligations on the part of both the Ministries, the Ministry of External Affairs (MEA) & the ‘Ministry of Overseas Indian Affairs’ (MOIA) now stands proved by the subsequent communications received by petitioner, from the Ministry of External Affairs, Government of India”.Indo-Gulf Reparation Mechanism

The Concept of Reparations:
Reparation for the victims or survivors of torture, which is their right under international and many national laws, is becoming more and more a realistic possibility. As a result, many legal academics and lawyers, sociologists, medical practitioners and psychologists are now discussing the concept of reparation. ...The Concept of Reparations

What role for India in the protection of their citizens abroad?
The US is very much concerned about the safety of their citizens who travel around the world throughout the year for business, vacation, employment etc., and are detained on charges of various types. Immediately on receipt of notification of such cases, Consular support is made available to them.

The Vienna Convention is the base for such activities. Government of India could also render similar Consular assistance to protect its helpless citizens who suffer in the prisons and custody of Police in foreign countries and the GCC (Gulf) countries in particular. Some of the salient points of the statement of Patrick F. Kennedy are quoted here for consideration and implementation by the Government of India to protect the lives of Overseas Indians.
. ...Protecting Our Citizens Abroad

Acquiring Indian Citizenship

A person born in India on or after 26th January 1950 but before 1st July 1987 is a citizen of India by birth irrespective of the nationality of his parents. A person born in India on or after 1st July 1987, is considered as a citizen of India only if either of his parents is a citizen of India at the time of his birth. Further, those born in India on or after 7th January 2004 are considered citizens of India only if both of their parents are citizens of India or one of whose parents is a citizen of India and the other is not an illegal migrant at the time of their birth.

Acquiring Dual Citizenship

There has been president demand and expectations for dual citizenship for persons of Indian origin in North America, Europe, Australia, New Zealand, Singapore and few other countries. The grant of dual citizenship was intended to remove for those who have taken foreign passports, the obstacle in travel to and from India, permit investment in business ventures and foster a greater sense of belonging.

Who Is Non-Resident Indian (NRI)?

An Indian Citizen who stays abroad for employment/carrying on business or vocation outside India or stays abroad under circumstances indicating an intention for an uncertain duration of stay abroad is a non-resident. (Persons Posted in U.N. organizations and official deputed abroad by Central/State Governments and Public Sector undertakings on temporary assignments are also treated as non-residents). Non-resident foreign citizens of Indian Origin are treated on par with non- resident Indian citizen (NRIs).

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