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I need help with regard to my individual rights


senkavi

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Hi I am Kavita, I am 31 years old. living in chennai. Married n have a 2 year old kid. I registered into this site to get help in finding details on an incident which happened to my family a year back, and i don't know which authority to approach. :confused:

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Hi, I am Kavita, 32years old, married, with a 2 year old kid, living in Chennai. This incident happened in June 2007. My husband is a software professional working in Chennai. He was traveling for the very first time abroad. When he finished his trip and reached Chennai airport, he was detained till all the other passengers got down, and later interrogated. No reason was given until repeated request. Finally they told him that a police case was pending against him in Chennai. Was asked why there was no one to pick him up. I was in Bangalore with my kid on a holiday. Finally he told why I hadn’t come n gave my mobile number. They called me at early morning 4am, and I was shocked. I thought something had happened to my husband. When I gave them all details about my husband’s travel then they let me to talk to him. After 2 hours my husband was allowed to go home but was told he will face similar situation whenever he travels abroad.

 

I immediately rushed home. But my husband was very furious. He told me that he was detained because a dowry harassment Case was pending in the same name as his. During initial period of our marriage there was small misunderstanding between me and him but never went to the extent of filling a legal case. But my husband didn’t believe me.

 

This is an attack on my husband’s reputation, so we asked the airport police to give us the details on the case so that we can avoid such incident reoccurring in future, but no detail was given to us. But was assured that it won’t get repeated.

 

My husband traveled a few times to abroad, he didn’t face any problem. But during a recent heated conversation I got to know that my husband still holds the allegation that I or my parents have filled a case in police station. Our married life has been strained by this, causing lots more misunderstanding.

 

I want to know, from which department/authority can I gets information on this case so that I can clear my name as well my parents from this allegation and be done with all misunderstanding between us. Also want to know how can my husband be detained without any solid information and no proper explanation or apology is given for the trauma we had to go through.

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karira

kavita,

 

You can ask for the information to the "immigration department" at the Chennai International Airport or the Bureau of Immigration.

 

There seem to be two telephone numbers given for immigration dept. at Chennai. Just try both of them and ask them who is the PIO and his address:

 

Contact Person :

Chennai (Airport)

 

SIO (Departure/Arrival)

Tel. : 044-23454977(fax)

Tel. : 044-23454976(o)

 

SIO (Departure/Arrival) at Airport: 044-22560311

 

The list of CPIO's in the Ministry of Home (the controlling ministry for immigration issues) is available at:

 

http://www.mha.nic.in/pdfs/PIOs.pdf

 

From that list, it seems that the correct CPIO will be:

 

22. B..V. Gopinath,

Director

Jaisalmer House,

New Delhi-110011

Tel: 2338 9286

dr_immigration@mha.nic.in

Matters relating to immigration and

citizenship.

 

But it is better to call Chennai Airport and speak to them to check as to who is the PIO.

 

Your RTI application will have to be as per RTI Rules and Fees for the Centre. The fees are Rs. 10.00 payable by DD/BC/IPO in favour of "Accounts Officer".

 

For help in drafting a RTI application, fees, mode of payment, how to submit, etc., please refer to links on the main home page and also the "Guide" segment of this forum:

 

RTI Guide

 

If you so wish, you can post your application draft here (after masking personal information), so that members can suggest any changes or modifications.

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colnrkurup

Ms. Senthil,

This is a very sensitive family issue. May I advice to you to make any move only after consulting your husband and on his advice only. The incident is more than an year old He might have made some moves. There should not be any conflicting actions.

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Yes its a sensitive family issue, but I need to sort it out. I want to know how n from whom can I get information on this case. Lets face the truth rather than hidding saying its a sensitive issue. I can't live with an allegation which is not true.

 

To the extent I know my husband hasn't taken any steps to find out the details.

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U can simultaneously file RTI application with the CPIO of Ministry of Home Affairs, New Delhi by visiting its site mha.gov.in under RTI icon. For format and guidelines pl visit my blog at http://www.rtiindia.org/forum/blogs/jps50/19-rti-application-central-govt-info.html. U can ask for all the details and basis of arrest/detention at the airport etc. However, your husband will have to file the applications, as U would be treated as third party for his information. If he does not file, try in your name by giving reasons as to how U are interested and affected with the required information for which appln is submitted. Hope things will work out.

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karira

Kavita,

 

Please read the following decision/order of the CIC:

 

http://cic.gov.in/CIC-Orders/WB-21082008-04.pdf

 

It will indicate to you that the type of information you are asking will not be given to you since Bureau of Immigration comes under IB, which is exempt organisation under Sec 24 of the RTI Act (except for Human Rights and Corruption cases).

 

Either you have to make your case as a "human rights" issue or post a grievance with the Ministry of Home Affairs (MHA).

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Thanks a lot for all your inputs. I had been out of station, so saw the threads today only. Let me work on the leads you all have given and get back to you.

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gurkirat.dhillon

Hi All ,

 

Certainly a case of Human Rights is made out !

 

I am sure that invoking the above clause along with the

 

"life and liberty" clause under Section 7(1) will get you the desired result.

 

Thats because everytime your husband travels abroad , he risks his

 

liberty being curbed on return and that too for no good reason .

 

Invoking Section 7(1) will add some pressure on the concerned PIO .

 

rgds

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Parmjeet1977

Hi,

 

Pls let me know if you got the required information. Actually i also need information about a NRI and his entry to india last year. He is still in India and booked under panel code 376A for committing two marriages at same time. Now he is trying to prove that he was not in India at the time of second marriage. So i need information about that particular entry, pls let me know if someone got that information so far.

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