Professional & Knowledgable Law Team

Wednesday, February 29, 2012

Fishermen’s Killing

India, Italy stick to their stand on jurisdiction 

New Delhi, February 28
India and Italy today failed to resolve their differences over who should probe the killings of two Indian fishermen by Italian marines off the Kerala coast earlier this month.

The two countries, however, pledged not to allow the incident to cast a shadow on bilateral ties. External Affairs Minister SM Krishna held wide-ranging talks here this afternoon with visiting Italian Foreign Minister Giulio Maria Terzi di Sant’ Agata. However, the February 15 incident in which the two Indian fishermen were killed is understood to have dominated the talks.
Addressing a joint press conference after their meeting, the two ministers were quite forthright in restating the positions of their respective countries. Italy is insisting that the incident should be tried according to international laws since it took place in international waters. India, however, maintains that since the incident involved an Indian vessel and those killed were Indian nationals, the two Italians would be tried under Indian laws.
“We met in the backdrop of an unfortunate incident involving the death of two Indian fishermen and the subsequent detention of two Italian navy personnel. There is strong public opinion on both sides,” Krishna said. He said the Italian minister had agreed that their two countries ‘need to clear the air’ so that their people were reassured of their will and commitment to strengthen the bilateral partnership.
Krishna said the relations between the two countries were mature and based on strong foundations. The Italian minister, who was here on a visit planned much before the February 15 incident, regretted the deaths but underlined that there were differences between the two countries over the jurisdiction issue. “I have explained frankly the position of our government on the legal aspect. International laws should try the Italian men. There is difference of opinion on this and it has not been resolved,” he said.
The Italian minister is also going to Kerala to meet the families of the two fishermen. He is also likely to meet Chief Minister Oommen Chandy.
Meanwhile, External Affairs Minister SM Krishna today thanked his Italian counterpart for assuring his personal attention to alleviate the difficulties being faced by members of the Sikh community in Italy. There have been reports of Sikhs being asked to remove their turbans at the security check at the Italian airports.


  • Italian Foreign Minister Giulio Maria Terzi di Sant’ Agata regretted the deaths but underlined that there were differences between the two countries over the jurisdiction issue
  • Agata said his government’s position is clear on the legal aspect. “International laws should try the Italian men. There is difference of opinion on this and it has not been resolved,” he said
  • The Italian minister is going to Kerala to meet the families of the two fishermen

Shooting row: India, Italy fail to resolve differences

altThe foreign ministers of India and Italy Tuesday failed to resolve basic differences in their positions on the killing of two fishermen by two Italian marines, with Rome reiterating that the incident should be tried according to international law.

The Feb 15 killing figured prominently in talks between External Affairs Minister S.M. Krishna and his Italian counterpart Giulio Maria Terzi di Sant' Agata.

After the talks, Krishna said at a joint press briefing that strong public opinion existed in both countries over the issue and stressed that both sides have agreed to clear the air.

"We met in the backdrop of an unfortunate incident involving death of two Indian fishermen and the subsequent detention of two Italian navy personnel. There is strong public opinion on both sides," Krishna told reporters.

"Minister Terzi and I agreed that we need to clear the air so that people in both countries are reassured of our will and commitment to strengthen our partnership," he said.

"We are of the view that our relations are mature and based on strong foundations. This gives us the ability to address challenges together," he said while stressing enormous scope for expanding the bilateral relationship.

The Italian foreign minister, who came here close on the heels of the visit of his deputy, regretted the deaths but admitted that differences of opinion persisted with India on the issue.

"I have expressed the condolences of Italy and the Italian people over the unfortunate, tragic loss of lives," said Terzi.

He appreciated India's readiness to allow Italian observers in the judicial process which has been initiated in Kerala to investigate the chain of events leading to the killing of two Indian fishermen. There was, however, no breakthrough in the talks.

"I have explained frankly the position of our government on the legal aspect. International law should try the Italian men. There is difference of opinion on this and it has not been resolved," Terzi said.

"We hope to pursue the matter in a friendly spirit, understanding and cooperation," he added.

Official sources, however, made it clear that there was no change in India's position and insisted that the Marines will be prosecuted according to the Indian law.

Terzi said the incident was triggered by the widespread threat of piracy and exhorted greater cooperation with India in combating piracy.

Two Indian fishermen, Ajesh Binki and Gelastine, were allegedly mistaken as pirates and shot dead by the security crew of cargo vessel Enrica Lexie on February 15. Two Italian Marines have been arrested for the shooting.

Latorre Massimillano and Salvatore Girone have been remanded by a court in Kollam, 150 km from Kerala capital Thiruvananthapuram, to 14 days of police custody.

Last week, the two sides sought partial accommodation when the Kerala court hearing the shooting case allowed joint ballistic examination of the weapons used in the killing.

Children of NRI couple in Norway to be handed over to uncle

In a breakthrough in the NRI children custody row, the Norwegian Child Welfare Service today decided to award the custody of two children to the brother of their father enabling him to bring them back to India.
"This week, the Child Welfare Service (CWS) in Stavanger completed its talks with the uncle in the child welfare case concerning two Indian children. It has been concluded that care of the two children should be awarded to the brother of the children’s father enabling him to take the children back to India," CWS said in a press statement.

The proposed solution will be presented on March 23, the provisional date for the hearing, to Stavanger District Court which will take the final decision in the case.
This arrangement requires, however, that the Child Welfare Service ensures that the necessary legal framework and follow-up procedures are in place in order to safeguard the children’s best interests and enable the uncle to deal with the situation in the best possible way, CWS said.
Abhigyan (1) and Aishwarya (3), children of Anurup and Sagarika Bhattacharya, an NRI couple living there, were taken away by Barnevarne Norwegian CWS last May on the ground of "emotional disconnect" and put in a foster home.
Ministry of External Affairs has been making huge efforts to impress upon the Norwegian authorities to find an amicable and urgent solution to the row with Minister S M Krishna assuring that the children would be brought home at "any cost".In the statement, the CWS also said "the Norwegianauthorities will ask the Indian authorities to ensure the necessary follow-up for the children in the event of their return to India".
In order to process the case concerning the two Indian children who were taken into the care of Stavanger municipality and placed in a Norwegian foster home, the Child Welfare Service has had to apply for an extension to the children’s residence permits," it said.
"Extending the residence permit for the children in a case such as this is a practical technicality and does not mean that the Child Welfare Service is seeking to keep the children in Norway for longer than is necessary to arrive at a satisfactory solution to the case," it added.
Family members meet S M Krishna
NEW DELHI: Family members of the two Indian children lodged in a foster home in Norway on Tuesday met external affairs minister S M Krishna, who assured them that the children would be brought home at any cost.

"We are committed and determined that we will bring back the children home at any cost," CPM MP Brinda Karat, who accompanied the grandparents of the children to the meeting, quoted Krishna as saying.

Talking to reporters, the kids' grandfather Manatosh Chakraborty said they were satisfied with their meeting and hoped some "positive" results will emerge.

This is the first time that the government has sent a special envoy abroad in connection with such type of cases and "we feel optimistic", he added.

During the interaction, the minister informed that talks held between the special envoy secretary (west) Madhusudhan Ganapathi and Norwegian authorities has been "constructive", Karat said.

When asked about problems that could arise in event of extension of visa, Karat said they should wait till the envoy returns back to get the details on all this and other related issues.

She said the parents have appealed to the higher court there against the judgement of the lower court which has ruled the children are to be in Norway till they are 18.

"So in appeal against that, we want to make sure the child protection services there come to an agreement," she said.

Norwegian child welfare officials have accused NRI couple Sagarika and Anurup Bhattacharya of negligence and placed

Tuesday, February 28, 2012

Free legal services for poor villagers

Hoshiarpur, February 27
The Punjab Legal Services Authority (PLSA) has decided to set up legal aid clinics in all the villages of the state to provide free legal aid to the needy and poor people, said Charanjit Singh, member of the PLSA, Chandigarh here yesterday evening.

He said a panel of advocates and paralegal volunteers would manage these clinics under the guidance of working chairman of the PLSA Justice MM Kumar, Judge of the Punjab and Haryana High Court.
Charanjit Singh said that legal aid clinics were being opened in far-flung areas where poor people could not afford fees of advocates and incapable of visiting the city for litigation.

Women, please note: Divorce 'could be in your genes'

Women, please note -- men may not be always at fault in a divorce. The chances of a successful marriage also depends on a female's genetic make-up, so says a new study.
This is after researchers at Karolinska Institute in Sweden claim to have for the first time identified a female "divorce gene" that can predict a rocky marriage and identify women who may struggle to commit to their partner.
Women who inherit the variation of a common gene are less likely to get married in the first place as they find it harder to bond with other people, the 'Daily Mail' reported.
But if they do marry, they are 50 per cent more likely to report a troubled relationship filled with marital strife. Perhaps unsurprisingly, partners of women with the gene are also more likely to report being unhappy, says the study.
According to the researchers, the gene affects how women process the "cuddle hormone" oxytocin, which is known to promote feelings of love and maternal affection.
Women produce oxytocin naturally, particularly during childbirth and while breastfeeding. It helps them bond with their baby. But if women cannot process oxytocin properly, they may not be able to bond normally with other people -- including their partners, friends and children, they say.
"We've found evidence that oxytocin can be involved in the regulation of human pair-bonding by showing that variation in the oxytocin receptor gene is linked to how strongly women bond to a partner," lead researcher Hasse Walum said.
In fact, the researchers have based their findings on an analysis of the DNA of more than 1,800 women and their partners. Each couple had been together for more than five years, and were either married or living together.
Women who were identified as carrying the variation of the oxytocin receptor gene, described as the A-allele, were 50 per cent more likely to report "marital crisis or threat of divorce". Men married to these women were also far less satisfied in their relationships, the study found.