OFFENENCES AND CRIMES AGAINST FOREIGNERS IN INDIA
THE LAWWAY WITH LAWYERS JOURNAL VOLUME:-10 ISSUE NO:- 10 , APRIL 28 , 2024 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com OFFENENCES AND CRIMES AGAINST FOREIGNERS IN INDIA Karunya budha sree Sri Padmavati viswavidyalayam ABSTRACT:- Indian penal code 1860 deals with crime and offences, crime is action that causes offence to commit crime one must need both actus rea and mens rea which means action that leads to crime and intention of doing crime if this both are present then an action or act causing injury is called crime offence is similar but it is violation of a law in general which is punishable under specific laws for an example chapter VI of IPC etc…speaks about various offences , India being one of globally recognized country is facing issues regarding crimes and offences not only regarding Indian citizens but also in case of foreign nationals and Tourists, Indian constitution under Part III of constitution provide fundamental rights to all both to citizens and non citizens of india under article 21 Right to life comes protection of life and personal liberty , This article is violated when crimes and offences increase leading to violation of article 14 , 19 simultaneously further it creates a major impact on reputation of india globally , further and most importantly it leads to injustice to non citizens of Indians and foreigners , the crime and offences against foreigners have grown from time to time which needs to be resolved as early as possible KEY WORDS :- Crime , Offences ,Foreigners , Violence , Threat , India , Law and Non – citizens . INTRODUCTION:- India is known for its rich culture and heritage and unique ethnicity, making it home for various cultural people further India believes in system of ‘ATHIDHI DEVO BHAVA’ and ‘VASUDHAIVA KUTUMBAKAM ‘ which means guests are equal to god and entire world is one home but this concept in reality is not being implemented as crimes against foreigners have rapidly increased in India foreign tourists and students are often victims of Theft , Robbery ,Kidnapping and abduction etc…. creating un safe environment for tourists who visit india . Recently Spanish women rape case in Dumka district of Jharkhand has shocked everyone not only women was gang raped by 8 people, her husband was assaulted and they were looted 10,000/- rupees not only this case they are many cases as such that were reported to police stations but very few cases are ending up in courts and trails further many cases are not disposed by are kept in hold making victim suffer for longer time. Which is not creating a positive impact on the society and foreign tourism? CRIMES REPORTED BY FOREIGNERS:- The crimes that are reported in general are Theft , Assault ,Assault on women with the intent to outrage her modesty , Sexual harassment , Rape ,Murder , cheating , forgery , simple hurt ,Immoral trafficking ,Human trafficking ,Kidnap and abduction and Attempt to murder They are 886 Theft cases, 148rape cases, 144Cheating cases, 84simple hurt cases, 79 murder cases 79 Robbery cases 65Immoral trafficking cases 57 trafficking cases 38 kidnap and abduction cases 35 forgery cases 31 attempt to commit murder cases 180 assault and outraging modesty cases are present from 2016 to 2022 Especially women are becoming victims of gang rape and rape in Datia district a Swiss tourist was gang raped, in 2022 Latvian women was abducted gang raped and murdered from a resort in Trivandrum Kerala not only that they are many such cases they are also reports on tourist guides misbehavior and cheating and financial frauds, however rather than financial crimes physical crimes have rapidly increased. In case of State vs. Jyothish Prasad and others [2009] also known as The dawn Griggs case an Australian women aged 60 years took a cab or taxi the taxi driver took her off road to isolated area gagged her and raped with his pals and looted her luggage and left her dead not only this they are various cases were foreigners were targeted and cruelly suffered In case of (Suo motto vs state of Rajasthan [2005] )a German lady has visited Jaipur and after exploring city and having dinner she took auto rickshaw to hotel driver of auto rickshaw drove auto off road and took her to outskirts and he and his friend raped her while they were doing the act the screams of women attracted nearby villagers who rescued her and brought to nearby village not only rape and sexual offences on tourists they are various cases were student were also targeted further there is immoral trafficking and forced sex work is also done with foreign citizens . TRIALS AGAINST CRIMES ON FOREIGNERS – very few cases are being addressed and successfully getting a trial but majority of cases are delayed due to slow trail and lack of proper administration and jurisdiction , Indian judiciary has a lot of cases to be disposed making the trials slow and this is a drawback for getting a quick trial and even though the trial is done it takes long years to attain justice to victims staying for longtime is not possible most of the time as there might be visa and passport issues for foreign citizens and there halting and staying in india might not be possible for longer duration leading them to suffer more . IMPACT OF THIS CRIME – Impact on tourism – due to increase of crime rate tourism will be reduced and this effects Indian tourism and commerce, leading to bad reputation on Indian tourism further due to increase in crime rate tourist might not choose India as traveling spot similarly due to crime rate Indians may face difficulty in traveling to other countries. Impact on global platform – Indian and foreign relations will be effected due to crime on foreigners which might affect cordial relationship, trade and Indian students and others in foreign nations they might be