SEMINAR REPORT:
NARRATION OF RELATIVES OF PRISONERS IN JAILS ABROADNagamuthu Thangavel was 42 when he boarded a flight for Colombo from Chennai. A car driver who was the sole breadwinner of his family, Thangavel was offered a lucrative job overseas by a group of Sri Lankan Tamils who were his neighbours. "Three Sri Lankans residing near our house noticed our pathetic condition and offered to help us by getting my father a driver's job in Sri Lanka," recalled his son Saravanan. It was on December 11, 1994 Thangavel left for Colombo carrying a bag containing among other things, sarees, glass bangles, sweet boxes and ladies footwear, which his expat neighbours wanted delivered back home. On arrival in Colombo, when his baggage was checked by Sri Lankan customs, they found drugs concealed in a specially made cavity in the bag. Since then, Thangavel has been in prison, serving a life term for smuggling narcotics, unable to get legal or diplomatic assistance to have his sentence commuted. At a seminar on the "Organization for Protection of Indian's Rights Abroad," his wife and son poured out their woes. The family said it had made several appeals to the Tamil Nadu Chief Minister and the Prime Minister but to no avail. They contended that Thangavel was innocent and unaware that he was carrying drugs. Thangavel's wife Jeya said, "My daughter has refused to get married till my husband is released....we are poor people and urge the government to help release my husband." The family recalled that their house in the city was even raided by authorities following Thangavel's arrest and they were given a clean chit. But Thangavel himself continued to languish in a Lankan jail. As for the Sri Lankans, they had vanished after putting Thangavel on a flight. The family's only contact now with the convict is the occasional "missed call" that he makes on a visitor's mobile. "We wait for months for that missed call from my father, then we call him back. That's the only link we have had for the last fifteen years with him," cried the son, an auto driver by profession. Heart-rending scenes such as these were witnessed as several families appealed at the meet to the Tamil Nadu government and the centre to seek the release of 34 such Indian convicts, including fishermen, lodged in Sri Lankan jails on alleged charges of drug smuggling. In most such cases, said activists, the men were victims of circumstances, exploited by traffickers to carry drugs without their own knowledge. In the last three years, Indian diplomats have not paid a visit to any of these convicts, most of whom have pleaded innocent to trafficking charges, alleged Agni Subramaniam of Manitham. "It is sad that the government does not care about its nationals. Even the Pakistani government has done its bit for its nationals," he said. A letter from the Indian High Commission in Colombo, in response to an appeal by Thangavel's family, testifies to the hands-off approach: "Since this is a drug-related offence, the mission cannot take up the matter with Lankan authorities and also we do not have a prisoner exchange programme between Lanka and India and hence nothing much could be done in this matter," it says. Still unwilling to give up hope, Thangavel's family points out that eight Pakistani prisoners arrested on virtually the same charges have been released after their government took up the matter on 20 July, 2006. “Naseer, hailing from kollam district of kearala went to sri lanka 5 years back along with 4 keralites and 36 tamilians for selling clothes. They were arrested on charges of carrying drugs . for about 5 years there was no letter or phone call from naseer.one month back only the relatives came to know the whereabouts of naseer after a phone call from Indian embassy in sri lanka “,relative of naseer narrated.Askar miyan hailing from Ramanathapuram district, left India in August 2003 to work in Thailand as a cook. In that period, a man named Sulthan and his son Saleem Khan approached him, promising him a job in London. Askar then called his family and asked them to pay Rs 3.5 lakh to Sulthan. On receiving the payment, Sulthan asked Askar to fly down to Cambodia and assured him a safe passage into London via China. "After Askar landed in Cambodia, he was stuck there for two years doing odd jobs," his brother Khaja Mohammed told The Times of India. Eventually, Askar informed his family on February 14, 2007 that he was finally on his way to China. "That was the last call my brother made. After that we do not know what happened,'' said Khaja. It was in April 2007 that the family received a letter from the Government of China. Askar's father immediately faxed it to his younger son who was employed in Dubai. Khaja took the help of his Chinese colleagues to translate the letter which said his brother had been arrested on charges of drug smuggling. Aksar was framed, says family The parents of Aksar Miyan are appealing against the death sentence of their son, who along with another Tamilian, was handed the penalty for smuggling drugs by a Chinese court in last year. Aksar's brother Khaja said his family had been cheated by Sulthan who may have used his brother to traffic drugs. Although he has visited China to meet his brother, he said his attempts to make contact with his brother in prison have not succeeded. Resolution
Since it has been very well understood that the labourers going abroad including women are cheated by recruiting agencies, Government of India should interfere immediately by forming a committee to monitor these recruiting agencies.
Registration must be made compulsory for these recruiting agencies to bring them under the frame work of law.
Foreign Embassy should provide sufficient data to the labourers going abroad regarding the authenticity of the claims of the recruiting agency.
A comprehensive law should be framed including strict follow-up of sub-agents, overseas consultant, recruiters and activities.
Enforcement of laws should be prompt and strict. Prosecution should be speedy, penalties and punishments for those who cheat immigrants going abroad should be made more severe, so that recidivism do not occur.
Since most of the labourers are cheated by drug traffickers and caught by police abroad, Indian Foreign Ministry should take initiative, to educate those who are going abroad by way of pamphlets, hoarding and stickers at the airport as well as printing warning notes in the passport and air tickets.
Indian Overseas Affairs Ministry has published a list of all registered overseas consulting and recruiting agents/consultant companies. They have to make the people aware of the list to avoid the malpractices of the agents.
Government of India should initiate immediate steps to have exchange of prisoners with all the countries in the world.
Foreign Embassy should collect and publish the data of all Indian prisoners in the Jails abroad.
Foreign Ministry should take initiative to form a legal cell to extend legal support to all Indian prisoners in the Jails abroad.
The UN declaration for immigrants should be ratified and signed by the Indian Government.Participants Dr.Prof. Ramasamy, Vice Chairman, Tamil Nadu Council for Higher Education
Prof. Nedunchelian, Tanjore
Prof. Marx, Human Right Activist, Chennai
Adv. Ajeetha, Madras High Court Ms Pavithra, Human Rights Activist
Dr. Abdul Salam, secretary- CHRO, Kerala
Mr. Babaiya, Human Rights Activist, Bangalore Dr. Alagappan, Chennai Dr., Janarthanam, President, World Tamilar Peravai. Ms. Sheeba Agni Subramaniam, Executive Director, MANITHAM. |
