India proposes scrapping immunity to foreign govts
NEW DELHI: India is proposing to enact a new State Immunities Act to remove immunity issued to the foreign governments or its undertakings like airlines etc in case of a criminal or a civil complaint.
The new law proposes to amend Section 86 of the Civil Procedure Code (CPC), removing the mandatory permission of the government, for filing a civil suit in the Indian courts against any foreign government or its undertakings. The External Affairs Ministry is drafting a legislation that is based on the 2004 United Nations convention on jurisdictional immunities to States and their properties. India had signed the convention in January.
The proposed legislation seeks to eliminate the role of the ministry in vetting and giving permission before a foreign government can be sued in any Indian court. So far the ministry used to reject all applications to seek reinstatement or renewal of employment by the embassies on the ground that grant of employment was the sovereign prerogative of the concerned government.
Once the new law is enacted without first seeking permission to prosecute the defaulters in any of these cases. Passengers can sue the foreign government-run airlines for negligence of services, loss of baggage etc.
http://www.dailytimes.com.pk/default.asp?page=2007\07\03\story_3-7-2007_pg4_16
