GOPIO News, Jun 10 2008

ISSUE OF PROFESSIONAL LICENSING FOR NRIs AND PIOs IN INDIA

From: Dr. Rita Sikka, New Delhi, India

I am writing to GOPIO in hopes of drawing awareness to the trials and tribulations of Overseas Citizens of India (OCIs), who have moved back to India to make it their permanent home. I am a trained and qualified dentist, registered and licensed to practice in Canada. I hold a Canadian passport as well as an Overseas Citizenship of India (OCI) registration card. I moved to New Delhi, India to make it my permanent home, following my marriage to an Indian Citizen in June 2005.

I have been fighting a long drawn and exhaustive battle, in and out of court, to obtain my registration and license to practice dentistry in India since September 2005. It started with my initial approach to the Dental Council of India for recognition of my degree. Following a detailed review of my documents and credentials as well as details of the degree program offered at the University of British Columbia (including admission, academic, clinical, and evaluation requirements), the DCI put forth a recommendation to the Ministry of Health and Family Welfare (MH&FW), in favor of recognition of my degree as equivalent to a BDS degree from any University in India. However, the MH&FW declined the recommendation stating that registration as a dentist may only be granted to an Indian Citizen as per the Dentist Act 1948, and since I am only an Overseas Citizen of India, I do not qualify. In response to this decision by the MH&FW, I sent repeated correspondence to them to clarify the fact that the definition of an Indian Citizen has evolved greatly since 1948; that following the 2003 Amendment to the Citizenship Act, the definition of an Indian Citizen now includes the wider pool of Overseas Citizens of India, as well; that in view of new Acts of Parliament coming into effect, old and outdated Acts become obsolete and should be rendered ineffective. A prime example is the recent judgment passed by the Supreme Court in reference to the Rent Agreement Act .The court ruled that in view of changing times and present circumstances, the original Rent Agreement Act from the 50's is no longer relevant or applicable and, therefore, should be considered invalid.

However, despite my repeated efforts, I did not receive any response from the MH&FW. Feeling sidetracked, I decided to file a writ petition in the Delhi High Court to fight for what I thought was my right as an OCI. That petition has been dragging out in court for the last two years. The three ministries involved viz. MH&FW, Ministry of Overseas Indian Affairs (MOIA), and Ministry of Home Affairs (MHA) have neither denied me my registration, nor are they willing to grant it to me. The MOIA states that it needs clearance from MHA and MH&FW; MH&FW states that it has no objection to OCI doctors working here but will only grant registration after it has amended the Dental Act 1948; MHA states that OCI professionals working in India can be a security threat or can commit a criminal offence and escape any legal consequences. The three Ministries have been requesting repeated extensions in court under the pretext that Governmental policies and proceedings require time.

The facts in this matter are as follows:

1)       The OCI Scheme came into effect in the year 2003 following an amendment to the Citizenship Act 1955 (viz. Citizenship Amendment Act 2003). As per Section 7B(1) of this Act "Notwithstanding anything contained in any other law for the time being in force, an overseas citizen of India shall be entitled to such rights as the Central Government may, by notification in the Official Gazette, specify in this behalf." This Act also empowers the Ministry of Overseas Indian Affairs (MOIA) to notify the benefits to be enjoyed by Overseas Citizens of India (the MOIA does not require approval from any other ministry, as it so claims)
2)       The MOIA has been spending huge amount of money in organizing the Pravasi Bhartiya Divas every year since 2003 in order to increase awareness of the Indian Diaspora to the benefits of the OCI scheme and to draw their investments into India. Our respected President, Prime Minister and Minister of MOIA have been making repeated claims and promises of parity between NRIs and OCIs, and unobstructed right to employment for OCIs in the private sector. We (OCIs) are not required to register with FRRO or to obtain a separate work visa for employment in India.
3)       The security concerns raised by the MHA are also unsubstantiated as there are thousands of foreigners residing and working in India. They drive with international driving licenses and operate commercial vehicles and aircrafts. Any one of them could easily get into an accident causing injury to an Indian citizen, and potentially flee the country. In the absence of any extradition treaty with their respective countries of citizenship, the Indian Government cannot try them in a court of law. However, this concern has not caused the MHA to ban foreigners from entering India, or gaining employment here.
4)       A meeting of Committee of Secretaries was held on January 13th, 2007, to address the various issues raised by the various Ministries in relation to the notification of benefits to OCIs, particularly OCI professionals viz. doctors, lawyers, architects, chartered accountants, etc. After detailed discussions, the Committee arrived at the following decisions:

i)                     MH&FW would issue necessary notification allowing OCI dentists/nurses to register under the Indian Dental Act and the Indian Nursing Act, and the right to practice in India thereafter.
ii)                   MOIA would consult D/o Legal Affairs and formulate a procedure by which the obligations of the OCIs can be legally enforced by the Government taking into account the issues raised by MHA/DIB (Department of Intelligence Bureau).
iii)                  MOIA would prepare a note for the Cabinet wherein a proposal for giving all the rights exercised by the NRIs to the OCIs will be made with a provision that the exceptions would be notified by the MOIA separately based on national interest, security, strategic considerations in consultation with the MHA and other concerned Departments.
5)       It is now 2008, five years after the OCI Scheme was implemented and over a year after the Committee of Secretaries gave their decision favoring OCI doctors working in India. The Central Government, under section 7B(1), has yet to notify rights/benefits to be granted to OCIs.

At my last Court hearing on April 8th, the Judge claimed with vindication that "Rita Sikka is not an Overseas, Citizens of India, but is actually an "Overseas Citizens, of Indian origin". As such, he said: "She is a Canadian citizen. She should pack up her bags, go back to Canada and try to earn a living there. If she does not get employment there, she can live off of welfare that the Canadian Government provides for its citizens." When Honorable Judges, who have been entrusted with upholding the law of the country, start to voice such biased and discriminatory, not to mention derogatory and humiliating, opinions in a public court of law, then what can one expect from the people and Government of that Country. In the past three years of dealing with various Government Departments and Red Tape Bureaucracy in trying to get my registration, I have had many disappointing moments. However, hearing a Judge of an Indian High Court speak of OCIs in such a manner was the most heart shattering experience of them all. I felt as if my heart has sunk down to the floor.

I request my brothers and sisters, OCIs like myself, to raise a voice in demand for Rights and Benefits that are duly ours. There are several OCI doctors who are in the same boat as me, and thousands of OCI doctors who are waiting to come back to their homeland in hopes of reestablishing themselves and their families here. I request them all to be aggressive and play a proactive role in trying to push for Notification of Policies, Rights, and Benefits for OCIs, which in turn will determine the success of our futures in India. Pressure on the Indian Government from Overseas Organizations like yours, who have been established to uphold the professional rights of NRIs/OCIs, should have a much greater impact than a single OCI doctor (like myself) fighting the entire system from within the country.

(Note from the editor: NRIs and PIOs in similar situation are requested to contact GOPIO President Inder Singh at gopio-intl@sbcglobal.net. GOPIO News also welcomes response from NRIs/PIOs on similar issues. Please send it in to gopio@optonline.net).

DUTCH NAMED KNIGHT IN THE NETHERLANDS

Recently Mrs. Henna Mathura-Dewkinandan '(aged 57) was awarded with the knighthood of the Order of Orange-Nassau. She received this order for her extensive volunteer work. For more than twenty years Mrs. Mathura has been active in the afterschool support of Hindustani parents to help them with their social problems. She is the president of the Sarita foundation for 14 years and organizes various activities. Her main goal is to promote diversity in higher positions and to create more opportunities of day care centers so that women have a better chance to develop themselves. For the elderly people she has been active as the secretary of the Hindu Elderly People's Association.

In the 90's, Henna Mathura was famous for presenting a bilingual radio programme in which she treated topics such as domestic violence and parasuicide with the objective to move these issues out of the taboo sphere.

Currently Mrs Mathura is active at the Melania foundation, an international project for and by women in developing countries in Asia, Africa and South America. Apart from all her voluntary work, Henna is employed as a teacher and education project leader at the ROC Mondriaan.

SAMEER MISHRA WINS 2008 SCRIPPS NATIONAL SPELLING BEE CONTEST

Thirteen-year-old boy of Indian-origin, Sameer Mishra, won the 2008 Scripps National Spelling Bee contest, beating 288 children in the 8 to 15 age group. The 81st spelling bee competition was aired on the ABC television station on Friday May 30th. The magic word was "Guerdon", which means victory. The eight grader asked the judge for the definition of the word, and then confidently spelled it out correctly to the thunderous applause from the audience.

It was a shining moment for Mishra, whose fourth time for the championship was the charm. He carted off not only the engraved trophy, but also $30,00 in cash and $2,500 worth of US savings bonds from Merriam-Webster with a complete reference library. He was trained by his elder sister Shruti, who herself is a spelling enthusiast. Mishra, from West Lafayette, Indiana, had his parents and sister stood proudly behind him as he was awarded the coveted trophy Friday night.

The second place went another Indian-American 12-year-old Sidharth Chand, a seventh grade student. A total of four Indian-Americans were were among the last 12 who qualified for the final. Kavya Shivashankar, the favorite to win, was tied in the fourth place with four others. Janhnavi Iyer was in the 8th place. Mishra is a computer and video games enthusiast. He aspires to be a neurosurgeon when he grows up. In 2005, he competed and was placed in the 98th position. In 2006, he was at 14th place and last year he came in at the number 16th. The youngest to qualify to participate in the champions was 8-year-old Indian-American Sriram Hathwar.
(Reported By Bina Mahabir)

11-YEAR-OLD WINS 2008 NATIONAL GEOGRAPHIC BEE CONTEST

Eleven-year-old Akshay Rajagopal won the 2008 National Geographic Bee contest over a total of ten contestants who came from across the country. Students from fifth to eighth grades, age ranging from 10 to 14 years, competed in the contest. The Bee contest was held in Washington D.C. and was organized by the National Geographic Society. Nearly five million students take part in the National Geographic Bee contest each year.

Akshay, a sixth grader, took home $25,000 in college scholarship and a life time membership of the National Geographic. He attends Lux Middle School in Lincoln, Nebraska. The final question which cinched Akshay's victory was: The urban area of Cochabamba has been in the news in recent years due to protests over the privatization of the municipality water supply and regional autonomy issues. Cochabamba is the third largest conurbation in what country? Answer: Bolivia.

Akshay, who likes Science and Math and whose hobby includes collecting coins, is considering a career in cartographer, but he has enough time to think about that. For now, he enjoys studying the globe.

He said, "I get to learn about the world and how it works, which is cool." This was the 20th year for this contest which is moderated by "Jeopardy" host, Alex Trebek.
(Reported By Bina Mahabir)

FIVE INDIAN AMERICAN STUDENTS SELECTED AS PRESIDENTIAL SCHOLARS

Five Indian Americans are among 139 outstanding high school seniors selected as the 2008 prestigious Presidential Scholars for demonstrating academic achievement, artistic excellence, leadership and contribution to school and community. They will be honored in Washington DC from June 23 to 27.

Announcing the awards, US Secretary of Education Margaret Spellings said the scholars represent the great gift "we have in our nation's youth. Their academic achievement and their spirit of leadership and service will ensure their success in the 21st century knowledge economy.

The 139 Presidential Scholars include one young man and one young woman from each state, the District of Columbia and Puerto Rico , and from US families living abroad, as well as 15 chosen at-large and 20 Presidential Scholars in the Arts. A 29-member Commission on Presidential Scholars appointed by President George W Bush selected the scholars based on their academic success, artistic excellence, essays, school evaluations and transcripts, as well as evidence of community service, leadership, and demonstrated commitment to high ideals.

This years Indian American scholars are as follows: Ravi N. Shankar, Trinity Preparatory School, Winter Park, Florida; Pranoti Hiremath, Ishna A. Sharma, Roswell High School, Roswell, New Mexico; Mythili K. Iyer, Lawrenceville High School, Kendal Park, New Jersey ; Ruchir F. Shah, Barrington High School. Barrington, Rhode Island and Anisha Gulabani, Eastlake High School, Sammamish, Washington.

The Washington DC program to honor the 2008 Presidential Scholar is hosted by the Presidential Scholars Association.

VENTURE STRATEGIST JOHN KAPOOR DONATES MILLIONS TO UNIVERSITY OF BUFFALO

Venture strategist and scientist John N. Kapoor-founder, chairman and CEO of E.J. Financial Enterprises, Inc.-has given $5 million to University Buffalo and recently he increased that sum to $10.8 million.

Kapoor's generosity will help strengthen the School of Pharmacy and Pharmaceutical Sciences' research core, provide resources to create a state-of-the-art instrumentation center and fortify the pharmaceutical-science faculty. The gift is considered a leadership gift in UB's $250 million campaign-the university's first national-international campaign, the first university-wide campaign and the first to be alumni-driven, with campaign volunteer leaders from all over the country. It is the largest gift ever given to the School of Pharmacy and Pharmaceutical Sciences.

Born in 1943 in India, Kapoor received his undergraduate degree in pharmacy from Bombay University and dreamed of coming to the United States for graduate work. Financial support from UB enabled him to earn his doctorate from the School of Pharmacy and Pharmaceutical Sciences in 1972.

Kapoor began his corporate career on Grand Island as general manager for Lyphomed, a unit of Stone Container Corp. He was named president of the division in 1980, and in 1981 he bought the company for $2.7 million-becoming chairman, president and CEO, and renaming the firm Lyphomed Inc. During his years managing Lyphomed, Kapoor increased sales to $172 million from $4 million. He sold Lyphomed and used $40 million of the profits to form E.J. Financial Enterprises Inc., which invests in health-care startups.

E.J. Financial Enterprises is invested in at least two dozen companies whose products range from opthalmics to experimental gene therapies for cancer and AIDS. Among these are Option Care Inc., the nation's largest publicly traded franchiser of home health-care and drug-therapy services; Structural Bioinformatics Inc., which uses gene-sequence data for drug discovery and design process, and Tech India Ventures Inc., in India, a pharmaceutical marketing and distribution company.

Kapoor also is a partner in the Texas Biomedical Development Partners (TBDP), formed to provide funding and commercialization resources for selected biomedical technologies within the University of Texas System.

In 1987, he established the John Kapoor Graduate Fellowship in Medicinal Chemistry Fund in the School of Pharmacy and Pharmaceutical Sciences, and received the UB Distinguished Alumnus Award. He was awarded a SUNY honorary doctorate in science during UB's commencement last May.

TWELVE INDIAN AMERICAN STUDENTS WIN GOLDWATER SCHOLARSHIPS

The Barry M. Goldwater Scholarship and Excellence in Education Foundation has awarded 321 scholarships for the 2008-2009 academic year to undergraduate sophomores and juniors from the US. The Goldwater Scholars were selected on the basis of academic merit from a field of 1,035 mathematics, science, and engineering students who were nominated by the faculties of colleges and universities nationwide. One hundred eighty-nine of the Scholars are men, 132 are women, and virtually all intend to obtain a Ph.D. as their degree objective. Thirty-three Scholars are mathematics majors, 227 are science and related majors, 52 are majoring in engineering, and 9 are computer science majors. Many of the Scholars have dual majors in a variety of mathematics, science, engineering, and computer disciplines.

The one and two year scholarships will cover the cost of tuition, fees, books, and room and board up to a maximum of $7,500 per year.

Goldwater scholarships have been a stepping stone to the most prestigious fellowships in the country. Golddwater scholars have gone on to claim Rhodes scholarships, Marshall awards and National Institute of Health fellowships.

The Goldwater Foundation is a federally endowed agency established by Public Law 99-661 on November 14, 1986. The Scholarship Program honoring Senator Barry M. Goldwater was designed to foster and encourage outstanding students to pursue careers in the fields of mathematics, the natural sciences, and engineering. The Goldwater Scholarship is the premier undergraduate award of its type in these fields.

In its twenty-year history, the Foundation has awarded 5,523 scholarships worth approximately fifty-four million dollars. The Trustees plan to award about three hundred scholarships for the 2009-2010 academic year.

This year's Indian American recipients are: Vikram Agarwal, University of Texas at Austin; Rajeev Anchan, Creighton University; Prabir Singh Grewal, Cornell University; Neil Bharat Patel, Augustana College, Sioux Falls, SD; Vinay Ramsesh, University of North Texas; Ritika Samant, University of Delaware; Aakash Kaushik Shah, Ursinus College; Shrenik Nitin Shah, Harvard University; Aarti Sharma, University of Illinois at Chicago; Arunan Skandarajah, Vanderbilt University; Swarup Sai Swaminathan, Columbia University and Pratik Talati, University of Alabama-Birmingham.

INTEL SCIENCE AND ENGINEERING AWARD GOES TO INDIAN AMERICAN STUDENT SANA RAOOF

The Intel Foundation today announced top winners of the world's largest pre-college science fair, the Intel International Science and Engineering Fair presented by Agilent Technologies. Natalie Saranga Omattage of Cleveland, Miss., Sana Raoof of Muttontown, New York and Yi-Han Su of Chinese Taipei were selected from more than 1,550 young scientists from 51 countries, regions and territories for their commitment to innovation and science.

Raoof's research provided new insight into how a better understanding of mathematical knot theory could help resolve classic biochemical problems. Specifically, her work focused on the Alexander-Conway polynomial invariant for chord diagrams to help prove how to classify molecules on a structural basis.

In addition to the three $50,000 Intel Foundation Young Scientist Award winners, more than 500 Intel International Science and Engineering Fair participants received Scholarships and prizes for their groundbreaking work. Intel awards included 18 "Best of Category" winners who each received a $5,000 Intel scholarship and a new laptop featuring the Intel� Core™2 Duo processor.

IBM RECOGNIZES FOUR INDIAN AMERICAN PROFESSORS WITH FACULTY AWARDS

The following Indian American professors have received the coveted IBM faculty awards.

Dr. Amar Gupta, Thomas R Brown Chair in Management and Technology at the University of Arizona's Eller College of Management. Prof. Gupta is receiving this award for the second year in a row.
Dr. Supriyo Datta, Thomas Duncan Distinguished Professor of Electrical and Computer Engineering at Purdue University;
Dr. Ravishankar K Iyer, director of the Coordinated Science Laboratory at the University of Illinois at Urbana-Champaign, where he is a George and Ann Fisher Distinguished Professor of Engineering;
Dr. Charanjit Bhatia, Temasek Professor of Electrical and Computer Engineering at the National University of Singapore