Lok Sabha Question No. 2323 (UNSTARRED), answered on 2018-08-01
Subject: Indian Citizens in US and Canadian Jails
Ministry: EXTERNAL AFFAIRS
Asked by: ASHWINI KUMAR

## GOVERNMENT OF INDIA MINISTRY OF EXTERNAL AFFAIRS

## LOK SABHA

## UNSTARRED QUESTION NO.2323

TO BE ANSWERED ON 01.08.2018

## INDIAN CITIZENS IN US AND CANADIAN JAILS

2323.     SHRI ASHWINI KUMAR:

Will the Minister of EXTERNAL AFFAIRs be please to state:

- (a) the number of Indian citizens lodged at present in jails in the USA and Canada;
- (b) the number of persons arrested and jailed without having valid documents in the USA and Canada;
- (c) the action taken against unregistered agencies involved in sending such persons abroad; and
- (d) the steps taken by the Government to identify Indians in these jails and get them released?

## ANSWER THE MINISTER OF STATE IN THE MINISTRY OF EXTERNAL AFFAIRS

## [GEN. (DR) V. K. SINGH (RETD)]

(a) & (b) As per information available with the Ministry, as of 26.07.2018, 717 Indian citizens are lodged in various jails in USA and Canada for overstay, illegal entry.   Due to the strict provisions of privacy laws, USA and Canadian authorities do not readily share information about Indian nationals in their jails.

(c) Complaints are received from time to time by the Ministry from Indian emigrants who have been sent for overseas employment by illegal agents, on tourist visas.

On   receipt   of   details   of   such   illegal   agents   involved   in   unauthorized recruitment for overseas employment, the same are forwarded to the concerned State/Union T erritory Government and Police authorities urging them to apprehend illegal agents and prosecute them on the basis of complaints. This is necessary as 'Law   &   Order'   is   a   State   subject.   On   receiving   requests   from   these Governments/Police authorities, the necessary Prosecution Sanctions are issued expeditiously   by   the   Ministry   enabling   them   to   proceed   for   prosecuting   the accused illegal agents.

As per the available   records,   number   of   cases   forwarded   to   the   State Governments against illegal agents, and number of Prosecution Sanctions issued during 2017-18 (upto 30th June, 2018) are as under:

|   Year |   Total number of cases referred to State/ UT Governments for initiating investigation | Names of State/UT Governments where action has been initiated for investigation   |   Number of cases in which request received for issue of Prosecution Sanction |   Number of prosecution Sanction issued |
|--------|----------------------------------------------------------------------------------------|-----------------------------------------------------------------------------------|-------------------------------------------------------------------------------|-----------------------------------------|
|   2017 |                                                                                    446 | Delhi                                                                             |                                                                             1 |                                       1 |

|      |                | Goa        |   1 |   1 |
|------|----------------|------------|-----|-----|
|      |                | Kerala     |   5 |   5 |
|      |                | Punjab     |   3 |   3 |
|      |                | Rajasthan  |   5 |   5 |
|      |                | Tamil Nadu |   5 |   5 |
|      |                | Telangana  |  10 |  10 |
|      |                | Total      |  30 |  30 |
| 2018 | 231            | Delhi      |   1 |   1 |
| 2018 | (upto 30 June) | Goa        |   1 |   1 |
| 2018 | (upto 30 June) | Telangana  |   1 |   1 |
| 2018 | (upto 30 June) | Total      |   3 |   3 |

In May 2016, Government had issued Standard Operating Procedure to be followed by States on receipt of complaints. Visual and print media campaigns are also   launched   from   time   to   time   for   promoting   legal   and   safe   migration   and encouraging emigrants to use the services of registered Recruiting Agents to avoid being trapped by Illegal/fake agents. (d) As soon as the information about detention/arrest of an Indian national is received by an Indian Mission/Post, it gets in touch with the local Foreign Office and   other   concerned   local   authorities   to   get   consular   access   to   the detained/arrested Indian national to confirm his Indian nationality and ensure his welfare. In some countries where pro bono lawyers are available, the Mission arranges   legal   assistance   to   the   Indian   prisoners.   Government   of   India   also provides initial legal assistance to distressed Indian nationals in deserving cases. In those cases where Indian nationals complete their sentences and are waiting for completion of deportation formalities, Indian Missions/Posts in those countries take up with the respective foreign governments for speeding up the process including issue of final Exit Visas, waiver of penalties imposed on Indian workers, etc. from the concerned authorities and for the early return of the Indian nationals to India. Where required, the Indian Missions and Posts abroad also provide   airfare   for   facilitating   the   return   of   the   Indian   prisoners   who   have completed their sentence.

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