MHA to review Immigration set-up of major International Airports -- at the behest of NHRC

The National Human Rights Commission had taken cognizance of the complaint of one Mr. K.T. Skaria, an American citizen of Indian origin, who, on 16 March 1999, was denied entry into the country to attend his father’s funeral, despite having a valid passport and visa. He was harassed by the immigration authorities and sent back to USA causing him immense mental agony and torture besides making him incur financial loss.

Upon a notice issued to the Ministry of External Affairs, Government of India, New Delhi, on 9 June 2000, the Commission was informed that the visa issued by the Indian Embassy at Washington DC to Mr. Skaria contained a hand correction of the validity date, by the Visa Clerk, a local employee of the Embassy, which had led the Immigration Officers in India to believe that Mr. Skaria had tampered with the visa dates, despite the fact that it was a multiple entry visa and Mr. Skaria had traveled to India earlier on the same visa without any problem. The MEA informed the Commission that due apologies had been rendered by the Deputy Chief of Mission of Embassy of India, Washington to Mr. Skaria in this regard.

The Commission, on perusing the report of MEA, found it obvious that due to insensitivity and callousness of the derelict Immigration Officers, the complainant had to suffer great mental agony, indignity and financial loss. It also felt that there was a strong prima-facie case for taking action against the delinquent public servants, namely, the Immigration Officer and the Senior Inspector of Police. Thus “show-cause” notices were issued to MEA, Government of India and to the Officers who belongs to the Ministry of Home Affairs. Further, the Commission decided to call the concerned officers from the MHA and MEA for consideration of the matter in their presence.

On considering explanations offered by the officers, who were involved at the stage of immigration and whose action had led to the unfortunate situation, the Commission indicated its dis-satisfaction with the explanations given. It stated that it would proceed to make final recommendations in the matter unless the Government of India wanted to reconsider the matter and offer a fresh response.

The MHA requested for grant of some time for reconsideration of the matter following which it had the entire case re-examined. In a letter dated 18 July 2002, it informed the Commission that the MHA accepted that the whole incident was wrongly handled by the Immigration Officers notwithstanding the fact that the MEA officials in Washington had not countersigned the overwriting of visa validity.

That such incidents did not occur in future, the Foreigners Division, MHA has issued the following instructions to the Immigration Authorities:

Transfer the guilty officials concerned, out of the immigration check-post and ban them from any immigration duties henceforth.
Take up comprehensive review of immigration set-up at major International Airports to identify such personnel who do not have the requisite temperament to tackle matters with sensitivity, and have such personnel transferred.
Emphasise aspects of curtsey and sensitivity in pre-induction training programmes of immigration staff.
Make available adequate telephone facilities at all major International Airports to enable foreigners/immigration officers to cross-check with the concerned Embassies in case of doubts of forgery, overwriting etc. from
To assuage the hurt feelings of Mr. Skaria, the Government of India, as a good will gesture, has offered a free return air package to him and his wife to visit his native place and relatives.

The Commission, in its proceedings on 31 July 2002, has appreciated the positive response of the concerned authorities in this matter, as also the decision taken to issue instructions to immigration authorities to prevent the repetition of such unfortunate incidents in future. The Commission has also appreciated the decision taken to offer free return air package to the complainant and his wife.

The MHA report has added that the modalities of the complimentary package are being worked out in consultation with the concerned departments. NHRC has thus asked the MHA to report to it the implementation of this decision. The Commission has also directed that the complainant be informed of this decision of the Government of India.