KOCHI: A decision taken by the central government after the Khobragade row for not allowing Indians who accept Trafficking (T) visas issued by the United States to fly there is against fundamental rights, says the Kerala High Court.
Issued to victims of human trafficking, a T visa allows the holder to stay in the US temporarily first and then become a permanent resident later. By accepting such a visa, the holder is required to testify against his traffickers. The Khobragade incident, in which the Indian diplomat was arrested for allegedly lying about her maid’s salary in a visa application, was in December 2013. In an inter-ministerial meeting held in February 2014, India government decided to treat holder of a US T visa as a violator of local law, the Passports Act, 1967.
After considering a case where three T visa holders were not allowed to fly to the US and their passports were seized at Cochin International Airport, the Kerala High Court has now held that the government’s decision is against the right to travel, a fundamental right guaranteed and protected under Article 21 of the Constitution of India. Justice AV Ramakrishna Pillai of the high court held that the court is of the definite view that the government cannot in any manner restrain T visa holders from travelling to USA.
Mary Reddy Kottunkal, 37, of South Chellanam in Ernakulam and her two teenage sons were issued T visas by the US. Mary’s husband Jeegan Joseph had gone to the US as a skilled worker and is now considered by the law enforcement authorities there as a victim of human trafficking as per provisions of a US law, Victims of Trafficking and Violence Protection Act, 2000, as his work conditions were inhuman and in violation of law.
When Mary challenged denial of permission to fly to US at the high court, central government told the court that by granting of visa, the victims would be compelled to testify.
Various student organisations protested at US Conuslate in Hyderabad at an earlier date against the arrest of Indian diplomat in US Devyani Khobragade. (TOI photo: Ramoorthy P)
Disagreeing to the government’s contention, the court said in the judgment, “It is the law as well as the process of any modern judicial and investigation system that when a person is a victim of an offence or is a witness to an offence or has necessary information as to proof of planning, preparation and commissioning of any offence, he would be required to testify in any prosecution proceedings, on oath to testify truth and that is the right in law abiding human being and that cannot be prevented.”
Ordering the central government to allow Mary and her sons to fly to USA, the court said, “On a consideration of the entire materials now placed on record, this court is of the definite view that the respondents cannot in any manner restrain the petitioners holding derivative visas T2 and T3 from travelling to USA to join husband/father who is duly employed therein.”
TOI | Mar 9, 2015
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