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In 2005, Modi was denied a diplomatic visa (which would have qualified him for special handling through immigration procedures) because the purpose for which he was to have visited the US was not consistent with “a purpose that qualifies for a diplomatic visa."
Modi had been invited for public meetings by non-resident Gujrati associations.
But, clarifying that he was not welcome in the US under any circumstances, US authorities also cancelled his tourist-cum-business visa, under Section 212 (a)(2)(g) of the Immigration and Nationality Act.
This section relates to Particularly Severe Violations of Religious Freedoms.
This is what the term embraces:
“The term “particularly severe violations of religious freedom” means systematic, ongoing, egregious violations of religious freedom, including violations such as
- Torture or cruel, inhuman, or degrading treatment or punishment;
- Prolonged detention without charges;
- Causing the disappearance of persons by the abduction or clandestine detention of those persons; or
- Other flagrant denial of the right to life, liberty, or the security of persons.
The US State Department concluded that Modi was guilty of particularly severe violations of religious freedom on the basis of the conclusions reached by Indian government agencies, specifically the National Human Rights Commission.
The Coalition Against Genocide (CAG) claims it lobbied with the US government to have the visa cancelled under this provision. It also claims it has invoked the charge of genocide against Modi to prevent him from entering the United States.
This is specious. ‘Genocide’ as defined by the US Code applies to the following:
Whoever, whether in time of peace or in time of war and with the specific intent to destroy, in whole or in substantial part, a national, ethnic, racial, or religious group as such --
- Kills members of that group;
- Causes serious bodily injury to members of that group;
- Causes the permanent impairment of the mental faculties of members of the group through drugs, torture, or similar techniques;
- Subjects the group to conditions of life that are intended to cause the physical destruction of the group in whole or in part;
- Imposes measures intended to prevent births within the group; or
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Transfers by force children of the group to another group;
-- shall be punished. However, this applies either to persons who are US nationals, those who have got US permanent residence or those who are present in the United States.
As there is no statute of limitation on crimes related to genocide, the US government, on getting a complaint that a person who may have committed genocide is on US soil, can, theoretically proceed against that person any time if he is on US soil.
However, persons to whom visas are denied under “Particularly Severe Violations of Religious Freedom” can appeal the government to have this denial waived. The Secretary of State, after consultation with the Attorney General and the Secretary of Homeland Security, or the Secretary of Homeland Security, after consultation with the Secretary of State and the Attorney General can waive the denial.
BS POLL: Is visa denial to Modi justified?
BS POLL: Is visa denial to Modi justified?
