Hope of overseas Indian from Indian govt.:Through this blog, I want to raise main two issues of the overseas Indians.
1. Fast Track Court.
2. Dual Citizenship.
This may bring hope amongst them to reconnect with their own motherland, to carry on their ancestor’s addresses with themselves. This act may create the confidence among them to invest their hard earned money in India to renovate it.
1. Fast track courts to resolve NRI & PIO pending litigations in the Indian courts.
2. Dual citizenship for overseas Indians that is the right to vote to create confidence in them that they belong to their ancestor’s land, have the right to chose public representatives and do their business fairly in the country and with their citizens.
Question:
Why do more than 22 million Overseas Indians who are living worldwide, want fast track courts in India?
Why do more than 22 million Overseas Indians who are living worldwide, want fast track courts in India?
Answer:
Because they are still emotionally attached with the properties of their respective ancestors, which their parent left in India when they moved toward other nations just to make their children’s career better and secure.
Now few of them want to return to the above mentioned land, do business in their own country as well as other’s wish to sustain their original predecessor address with themselves. However, these properties are grabbed by others & relatives.
Because they are still emotionally attached with the properties of their respective ancestors, which their parent left in India when they moved toward other nations just to make their children’s career better and secure.
Now few of them want to return to the above mentioned land, do business in their own country as well as other’s wish to sustain their original predecessor address with themselves. However, these properties are grabbed by others & relatives.
More than thousands of litigations related to ancestor properties of Non Resident Indians (NRI) and People of Indian Origin (PIO) are pending in the Indian courts, where the presence of the applicants is mandatory during the hearing of case. However, it is not possible or bearable for them to attend the Indian court, which are already having backlog of cases. Simultaneously, they have long processes of concluding the petitions.
Secondly, their investment in residential and commercial properties become wretched due to defaulting tenants, builders and land promoter’s malpractices, who hand over fake documents of properties. Here the Overseas Indians feel helpless due to inadequate knowledge of Indian law and lack of time.
That is the reason that 22 million Overseas Indians who live worldwide demand Fast track courts in India.
Solution: With the help of videoconferencing, litigant can appear in their pending case in Indian court virtually on their due date from the place they are residing. For the purpose of identification, the litigant’s respective country consulates or embassies can be the venue of the videoconferencing. In addition, IP address in the name of concerned person is also sufficient for identification of the same. Moreover, to know their current location worldwide it would be helpful.
Judges would also be able to ask the overseas applicant or respondent instantly, questions and get his opinion or consent immediately. Simultaneously, they will be in the capacity to issue fast orders in the pending litigations of the overseas Indians as well as reduce backlog of the cases in the Indian courts.
With this facility, at least they will be able to compromise upon their long traveling time and update themselves instantly to exchange the necessary information and documentations through their advocates.
This system not only facilitates NRI’s and PIO’s, in addition it will improve the image of the Indian judiciary and Govt. worldwide. This will further help in the reduction of the pending cases.
Reference:
Recent references where video conferencing was used by Indian courts in the matter of the overseas Indian litigants to attend the court.
1. Tis Hazari courts in Delhi, Additional District Judge Kamini Lau held the hearing of a child custody case through a video conference where the father was in New Jersey, US.
2. Last Year Additional District Judge V.K.Khanna in a Divorce case utilized the video conference for a personal appearance of a husband who was not willing to come to India.
3. In 2003, Supreme Court issued a notice that during the trial of the case, evidence can be recorded through video conferencing. Even in a criminal case subjected, the accused or at least his lawyer was present in the court.
In above regard Gujarat state Govt. is going to connect major cities of the state by e-court with in this year. In Mumbai, 40 jails and in Andhra Pradesh, 15 district courts are going to be facilitated with video conferencing technology.
Indian judiciary provides preference to hear pending case in the below noted matter on regular bases with the object of fast conclusion of pending case. Like tribunals, consumer protection, Lok Adalat. Moreover, (i) cases of accused in jail,(ii)seniors citizen case (iii) cases of out of job persons,(iv) cases under Prevention of Corruption Act (v) Matrimonial Cases,( vi) group Matters, etc.
Suggestion:
Representatives of overseas Indians should open an office in India to follow up their demand of “fast track court and dual citizenship” on regular basis in the Parliament, concerned ministries, secretariats, commerce associations, executives and related communities with proper strategy to pursue this matter in two parts.
1. To start video conference facility immediately to attain the court’s hearing of their pending litigations in Indian courts.
2. Establishment of fast track court for overseas Indians to conclude their pending litigations in the Indian courts.
I hope, with better coordination between overseas Indian and Government of India, this facility will be started shortly.
Regards,
SUSHIL SHARMA.
Chairman,
Rajiv Gandhi Memorial Institute,
http://www.rgmi.in
E-mail:sushils.india@gamil.com
