PIO Worried about Extradition and about Parents in India
Dear Manish,
Thanks for this website and the excellent details provided.
I just wanted to ask, are the British Citizens who have acquired citizenship by naturalisation and not by birth and were Indian citizens before that, but have renounced Indian citizenship now, but have a PIO card made, treated different to those who are citizens by birth and do not have PIO? My question is in terms of the section 498a and other sections of IPC.
I am a British Citizen now with British passport. I renounced Indian Citizenship and Indian passport has been cancelled. But I have PIO card to travel to India. I understand that extradition is not easy, but which category would I fall under? I live and work permanently in UK for past 10 years.
My parents however live in India and therefor I am worried about them.
Also is it advisable for my father to attend SPUWAC on my behalf as I am not able to go? He has already attended twice.
Many thanks for your time and consideration.
Best Wishes
KL
asked
Dear KL
I do not see how parents can be convicted due to the absence of A1. It is A1's responsibility to make himself available, not his parents'. Therefore to worry about parents appears to be a case of baseless fears.
As far as I know there cannot be two different kinds of citizenship in any country, though there is always a provision for cancellation of citizenship granted as a consequence of fraud. It is not clear to me even in such a case how a country can take back any person who has renounced it.
Remember that PIO is a status recognised only within India. The British government cannot go about categorising citizens on basis of country of origin and making separate laws for each category. This is impossible for a variety of reasons which do not need to be explained here.
As far as attending dates at SPUWAC is concerned, I am sure that it is a wholesome measure undertaken by your parents on your behalf inter alia.
Further, even if your trial takes place in absentia, how can you be sure that the hostile party will refuse to withdraw all charges at a suitable stage in exchange for a suitable sum of money, spirits of greed having flown down to accessible skies, thus rendering your whole worry infructuous?
However, in case this complaint is turned into an FIR, and subsequently (after a suitable interval) you are declared a proclaimed offender due to refusal to come to India, and in case something happens to your parents, and you are an only child, then Mrs. 498a might get an opportunity to get her grubby paws over your rightful property. You will do well at this stage to brush up your knowledge of inheritance law applicable to you, if there is a possibility of such circumstances occuring. (We have categories of citizens (or ex-citizens, as in your case) for purposes of inheritance law inter alia in this country, unfortunately.)
mehnat