Indian Diaspora – India Legal https://www.indialegallive.com Your legal news destination! Fri, 07 Oct 2022 12:53:41 +0000 en-US hourly 1 https://wordpress.org/?v=6.4.4 https://d2r2ijn7njrktv.cloudfront.net/IL/uploads/2020/12/16123527/cropped-IL_Logo-1-32x32.jpg Indian Diaspora – India Legal https://www.indialegallive.com 32 32 183211854 A nation that honours all languages, is bound to be progressive: CJI Ramana https://www.indialegallive.com/top-news-of-the-day/news/nation-languages-progressive-chief-justice-india-ramana/ Sat, 02 Jul 2022 07:45:50 +0000 https://www.indialegallive.com/?p=276285 Chief Justice of India N.V. Ramana, who is on a visit to San Francisco, on satirday said that a nation that welcomes everyone with open arms, assimilates all cultures and honours every language, isbound to be progressive, peaceful and vibrant. It is this character thatpromotes prosperity. Addressing the Indian diaspora in the US, he said, […]]]>

Chief Justice of India N.V. Ramana, who is on a visit to San Francisco, on satirday said that a nation that welcomes everyone with open arms, assimilates all cultures and honours every language, is
bound to be progressive, peaceful and vibrant. It is this character that
promotes prosperity.

Addressing the Indian diaspora in the US, he said, “As we celebrate the 75th year of Independence this year and as our Republic turned 72, with some sense of regret, I must add here that we still haven’t learnt to appreciate wholly the roles and responsibilities assigned by the
Constitution to each of the Institutions. The party in power believes that
every Governmental action is entitled to judicial endorsement.

“The parties in opposition expect the judiciary to advance their political positions and causes. This flawed thinking of all hues flourishes in the absence of proper understanding among people about the Constitution and the functioning of democratic institutions. It is the vigorously promoted ignorance among the general public, which is coming to the aid of such forces whose only aim is to run down the only independent organ – the judiciary.

“We are answerable to the Constitution and Constitution alone. To enforce checks and balances envisioned in the Constitution, we need to promote Constitutional culture in India. We need to spread awareness about the roles and responsibilities of individuals and institutions.

“Democracy is all about participation.
To quote Abraham Lincoln, “The people — the people — are the rightful masters of both congresses, and courts — not to overthrow the constitution, but to overthrow the men who pervert it”.

“Under the Constitution of India, it is the people who are entrusted with the task of passing judgement on the rulers, once every five years. As I stated earlier on a different occasion, the people of India have done their job remarkably well so far. We should have no reason to doubt the collective wisdom of our people.
Significantly, the voter in rural India is more proactive in discharging this task when compared to their urban, educated and well-to-do counterparts.

“Both India and the United States are known for their diversity. This diversity needs to be honoured and cherished, everywhere in the world. It is only because the Unites States honours and respects diversity, that you were all able to reach this country and make a mark through your hard work and extraordinary skills.

“It is the tolerance and inclusive nature of American society that is able to attract the best talents from all over the world,
which in turn is contributing to its growth. Honouring qualified talents from diverse backgrounds is also essential to sustain confidence of all sections of the society in the system. This principle of inclusivity is universal. It needs to be honoured
everywhere in the world, including in India.

“Inclusivity strengthens the unity in society which is key to peace and progress. We need to focus on
issues that unite us. Not on those that divide us. In the 21st century, we cannot allow petty, narrow and divisive issues to
dictate human and societal relationships. We have to rise above all the divisive issues to remain focused on human development.

“A non-inclusive approach is an invitation to disaster. You need to have peace around you to enjoy your freedom and wealth. Your parents back home also should be able to live in a peaceful
society, which is free from hate and violence. If you cannot take care of the well-being of your family and society back home, what is the use of your
wealth and status here? You have to contribute your own way to improve
your own society. What really matters is the honour and respect that you command in your home land. This is the litmus test for your true success.

“It is time for you to move beyond being an employee or service provider. You have already integrated your self with the American society. It is time now for you people to enter public life and policy making. You can do a lot more for your community and your country United States by of winning the faith of your people.

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Indian Diaspora in US played active role in building of modern America: CJI Ramana https://www.indialegallive.com/top-news-of-the-day/news/indian-diaspora-in-us-played-active-role-in-building-of-modern-america-cji-ramana/ Sat, 02 Jul 2022 07:17:34 +0000 https://www.indialegallive.com/?p=276270 RamanaChief Justice of India N.V. Ramana, who is on a visit to San Francisco, on Saturday said the The Indian Diaspora in the United States has played an active role in the building of modern America. Addressing the Indian diaspora, he said “From modest beginnings, you havetransformed not only your identities, but also the face […]]]> Ramana

Chief Justice of India N.V. Ramana, who is on a visit to San Francisco, on Saturday said the The Indian Diaspora in the United States has played an active role in the
building of modern America.

Addressing the Indian diaspora, he said “From modest beginnings, you have
transformed not only your identities, but also the face of this nation. This journey was made possible only because of your sheer hard work, passion and dedication.

“It is the progressive partnership between the people of India and America that has led to massive bilateral goods trade
worth 113 billion dollars in 2021. I am very happy to learn that 50 per cent of the B2B Start-Ups in the Silicon Valley are
founded/funded or run by the Indians,” he added.

According to CJI Ramana, “This huge leap will certainly inspire and motivate Indians everywhere. As a modest working class, dynamic entrepreneurs, brilliant scientists and intellectuals, compassionate doctors, talented artists, leading statesmen and administrators, the Indian Community has contributed to all walks of life.”

The CJI said the Indian diaspora in the US were the true ambassadors of India and its culture.

“Distance and time have not kept you away from your motherland. You have always actively contributed to the welfare of India. In your own way, you have helped to build two nations simultaneously.

“You have never lost sight of your ancestral land and its culture. As Mahatma Gandhi said, ‘the cotton thread of love’ that binds all of you to
your community is too strong to break.


“You celebrate festivals with great pride and joy. Active efforts are taken
to support the growth of the mother tongue, and many of you are patrons to the arts of India. The largest Indian Independence Day parade, outside
India, takes place in the United States.
You are the true ambassadors of what India stands for. You have introduced to the world, the culture and teachings of India.

“Wherever you are, your Indian values of
care, respect, fraternity and tolerance must shine through. India resides in all of you. As renowned author of Roots, Alex Haley aptly said, ‘In every conceivable manner, the family is link to our past, bridge to our future’.

“From the data available, it may be safe to suggest that it is the Information Technology that has significantly enhanced opportunities to majority of Indians who have settled down here.”

Talking about the advent of Information Technology in India, he said, “In the 1980s, the then Government of India tried to introduce information technology in a big way. More than the resistance from some ill-informed sections, it was lack of infrastructure and non-availability of skilled professionals that prevented those big ideas from taking shape.

“With the liberalisation of economy in early 1990s, the Indians found new
openings. Yet, when the world was entering the phase of IT boom, we
trailed behind due to lack of infrastructure and qualified manpower. In due course, we have gained pace and are now at par with the best in the world. Your presence here in big numbers stands testimony to the fact that we are in the big league, now,” added the CJI.

He also talked about empowerment of women through IT. He said, “Highly skilled Indian professionals in diverse fields are found today across the globe. Qualified men and women from India have already made their mark around the world much before the IT revolution. But
it is the information technology that has emerged as new leveler.

“The unprecedented opportunities offered by IT sector to women have changed how the Indians perceive the role of women in our society. More and more women from India found their wings in this emerging sector. This helped them become empowered, independent and self-reliant. An empowered woman changes the dynamics of the family and the society
in a positive way.

“As they say: If you empower a man, you empower an individual. But, if you empower a woman, you empower a family and the nation,” he added.

The CJI further spoke about his visit to Independence Hall in Philadelphia. He said, “I found some striking similarities between the journeys undertaken by India and the United States to become
independent Constitutional democracies. In both the countries, declaration of independence was followed by intense debates in the Assemblies on the Constitutions that were adopted. India had the advantage of drawing from the best and most suitable aspects of the Constitutions already in force around the world. As pointed in the preamble, the Indian Constitution guarantees Justice,
Liberty and Equality to its people and promotes Fraternity. Interestingly, the Indian Constitution guaranteed universal adult franchise since the very inception of our Republic in 1950. The United States could achieve this fortifying feature of democracy only in 1960s.

“However, the Constitution should not be viewed as a static, unchanging document. I am reminded of what I read on the wall of Thomas Jefferson Memorial in Washington DC a few days ago, and I quote: ‘…laws and institutions must go hand in hand with the progress of the human mind. As that becomes more
developed, more enlightened, as new discoveries are made, new truths discovered and manners and opinions change, with the change of circumstances, the institutions must
also advance, to keep pace with the times’.”

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British Indians: Excited? Not Really https://www.indialegallive.com/special-story/british-indians-excited-not-really/ Sat, 12 Aug 2017 11:20:16 +0000 http://www.indialegallive.com/?p=32811 Indian fans in Derby at the recently held Women’s Cricket World Cup. Photo: UNI]]> Indian fans in Derby at the recently held Women’s Cricket World Cup. Photo: UNI

NRIs here are concerned about how the proxy vote system will be implemented and whether it will be open to abuse

~By Sajeda Momin in London

The cabinet’s decision to allow “proxy” voting for NRIs in future elections has created very little excitement among those living in the UK. While they appreciate that they are now being given the opportunity to participate in the democratic process back home, they are not confident of the implementation, particularly the fact that it is to be done by a “proxy” which is open to abuse.

“Although I welcome the decision and it is a step in the right direction as it allows Indians living abroad to exercise their franchise, I am concerned that proxy voting does not give confidence that the vote will be cast as it was intended. Maybe a postal vote or voting at the consulate could give voters some assurance that their vote has actually been cast properly,” said Jasbir Parmar, Director, National Asian Business Association. The fear is that the family member who has been given the proxy right will vote according to his/her political preference rather than the voter’s.

Though the UK has one of the oldest and most politically influential Indian diasporas in the world—now into the third and fourth generation with a record number of 12 Indian-origin Members elected to the UK parliament in 2017—the majority hold a British nationality and therefore, are not eligible to vote in India.

Diwali celebrations in Leicester in 2015
Diwali celebrations in Leicester in 2015

According to the last census of 2011, the UK recorded 1.4 million people of Indian origin in a total population of about 63 million. Of these, as of 2015, there are only around 3 lakh who are still Indian nationals and can be considered NRIs.

Had India allowed dual nationality, then the numbers may have been different. Most migrants to the UK give up their Indian nationality and become British nationals as soon as they can to avail the benefits of living and working in Britain and move around the world with ease. However, some take up the Overseas Citizenship of India (OCI) certificate so they can avoid visa hassles for their trips to India.

While the OCI gives people the right to come and go from India, it doesn’t allow them political or voting rights. This is a bugbear for a few, particularly those who are supporters of the current Indian government, who would like to influence politics in their erstwhile homeland.

“I think a good majority of Indian diaspora here have an OCI and thus, should have an entitlement to vote and decide who should lead the country,” said Dr Rajeev Gupta, Chairman of International Business Federation.

Baisakhi festivities in Southhall, London
Baisakhi festivities in Southhall, London

The demonetisation experiment by the BJP government in November last year or “currency change” as it is called here, has left many of the Indian diaspora with a bad taste in the mouth. Until then, most British nationals of Indian origin considered themselves NRIs. But during demonetisation, the Indian government classified only those holding Indian passports as NRIs.

“Demonetisation has left many OCI holders totally frustrated, particularly many elderly pensioners living abroad who are now stuck with worthless wads of Rs 500 or Rs 1,000 notes, none of it black money, which they could not convert or hand over to a bank. They gave the facility to Indian nationals but not OCIs, making them feel discriminated against,” explained Buddhdev Pandya, MBE (Member of the British Empire) and publisher of Gujarat Times UK.

The majority of young, Indian-origin Britons are not in the least interested in what is happening in Indian politics. They consider themselves British. “Moreover, they don’t feel they have the right to interfere in the running of a country where they don’t live or pay taxes, and hence, do not want the right to vote in India” explained Pandya.

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Caste Can’t be Cast Away https://www.indialegallive.com/world-news/global-trends-news/caste-cant-cast-away/ Tue, 20 Dec 2016 12:21:34 +0000 http://www.indialegallive.com/?p=16887 Indian Diaspora protesting in UK against the caste-discrimination.]]> Indian Diaspora protesting in UK against the caste-discrimination.

The UK government’s exercise to have a public consultation on caste has stirred a hornet’s nest. Even in such a developed country, this is an emotive and ugly issue 

By Sajeda Momin in London

Theresa May’s government stirred a hornet’s nest in September when it announced that it intended to undertake a full public consultation on caste discrimination in the UK. The Hindu diaspora of just under a million has been thrown into a tizzy, with the upper castes insisting that there is no need for such an exercise as caste is not a factor in British society. However, those belonging to lower castes say that caste discrimination is a reality they face, mainly within the Indian community.

Though the government is yet to lay out the modalities of the consultation, the issue has already raised passions and a high decibel debate is under way.

The British parliament had justified the insertion of a provision against caste discrimination in the Equality Act of 2010—which deals with other forms of discrimination—on the assumption that the caste system exists in UK’s Indian diaspora. The Act originally gave power to the minister to decide whether to implement the provision or not. However, in a landmark decision, an amendment in 2013 made implementation obligatory, but so far it has not been done. The decision to outlaw caste discrimination came after a long and hard battle fought by the International Dalit Solidarity Network (IDSN) and other human rights groups.

The current Labour Party leader, Jeremy Corbyn, who has been a trustee of the IDSN, had said he was aware of caste discrimination abroad but was “horrified” to “realise that caste discrimination had been exported to the UK too”.

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A number of research papers carried out by the IDSN and government-commissioned researchers like the UK Equality and Human Rights Commission have documented that caste discrimination exists in various forms within diaspora communities from the Indian sub-continent. It can lead to harassment, bullying and violence in the work place, in the provision of services and in education, says a briefing paper of the IDSN.

A number of research papers carried out by the IDSN and government-commissioned researchers like the UK Equality and Human Rights Commission have documented that caste discrimination exists in various forms within diaspora communities from the Indian sub-continent. It can lead to harassment, bullying and violence in the work place, in the provision of services and in education, says a briefing paper of the IDSN.

box-1Ram Lakha, the former mayor of Coventry—a city in central England about 100 miles north of London and which has a large Gujarati population—faced discrimination in his political career because he was a Dalit. “During campaigning for the council elections I was told that I would not get the support of the Gujarati voters because I was a ‘chamar’. So I filed my nomination from a non-Indian constituency and was able to win,” said Lakha.

It is also customary for the local Indian community to honor each new mayor elected so as to maintain good relations with the council, but Lakha’s achievement was not recognized in the same manner because he was from a low caste. “I recently discovered from my children that they suffered difficulties at school too but they never told me. Caste feelings are there and it will take a long time for them to die out,” explained Lakha.

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As no caste-based census has been carried out in the UK, there is no exact figure of how many low caste Hindus live here, but their numbers are estimated to be in lakhs. Caste Watch UK, IDSN and other rights group say that caste discrimination is often very subtle and takes different forms. These include upper caste patients refusing appointments from doctors once they realize they are from the lower castes, health care professionals refusing to treat elderly from the Dalit community, victimization in the workplace and unfair dismissal because of caste.

box-2The landmark Begraj & Begraj Vs Heer Manak became the first case of caste-based discrimination in the UK to be recorded in courts. In 2011, an Indian couple told an employment tribunal they faced discrimination in the workplace, ironically a solicitor’s firm, and were unfairly dismissed because they were from different castes. Vijay Begraj and his wife, Amardeep, met when working at Heer Manak, the solicitor’s firm, in Coventry. Amardeep, a Jat, said she was warned against marrying Vijay, a Dalit, by a senior colleague on the grounds “that people of his caste were ‘different creatures’ and his position in the firm was ‘compromised’”.

Vijay claims that after the marriage, he was harassed, threatened, denied promotion and ultimately dismissed. But the case collapsed in February 2013 as the judge recused herself after a visit by police officers, and may now be subject to a retrial.

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The anti-legislation lobby is led by the Alliance of Hindu Organisations, which has expressed “concerns about…  the impact it may have on communities living within the UK”. More importantly, it believes that any anti-caste discrimination legislation is a direct slight on Hinduism. At a recent public debate on the Act organized by the Indian Forum on British Media at the House of Commons committee room, Satish Sharma, general secretary of the Council of Hindu Temples, said the legislation would be a “recipe for disaster”, creating friction within the Indian community.

Indian community members with Prime Minister Narendra Modi during his UK visit in 2015. Unfortunately, the diaspora has deep caste-based divisions. Photo: UNI
Indian community members with Prime Minister Narendra Modi during his UK visit in 2015. Unfortunately, the diaspora has deep caste-based divisions. Photo: UNI

Trupti Patel, president of the Hindu Forum of Britain, said her organization had found scant evidence of caste-discrimination. She claimed that the legislation would have the negative effect of making young people “aware of their caste for the first time, and encourage people to make unfounded complaints against their employers”.

Bob Blackman, the Conservative MP for Harrow East in London which is home to a very large number of Hindus, warned the legislation would lead to “completely unnecessary interference” and a “bureaucratic nightmare of proportion the Hindu community would not want to see”. Blackman, who is also the chair of the All Party Parliamentary Group for British Hindus, remarked that the caste legislation had generated more interest and involvement from the UK Indian community than any other issue he had ever encountered.

However, for Dalit rights groups, this is not a Hindu issue but one of basic human rights. Satpal Muman, chair of Caste Watch UK, said: “This is not about invading the religious and cultural space. It is purely targeted at discrimination in the public sphere. Caste discrimination is a human rights violation.” Even if a small section of people believed in the caste system, it would have an impact on the lives of people, he stressed and added that “victims of caste-based discrimination deserve legal clarity”.

The supporters of the legislation feel that the announcement of a consultation is just a stalling tactic at the behest of the Caste-Hindu lobby. Section 9 of the Equality Act of 2010, amended by parliament in 2013, already required the government to introduce secondary legislation to make caste an aspect of race, so why the fresh consultation, they ask. “The government may be hoping the consultation will allow them to point to popular opinion to justify them refusing to introduce legislation required of them by Parliament and the UN,” said Keith Porteous Wood, executive director of the National Secular Society. The consultation is expected to begin before the end of this month and run for 12 weeks.

Lead picture: Indian Diaspora protesting in UK against the caste-discrimination. Photo: www.oxpolicy.co.uk

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