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NRI
Husbands From U.S. Fall Victim
To Dowry-Immigration Fraud In India
News Report, Lisa Tsering,
Pacific News Service, Jan 31, 2005
Editor's Note: Some Indian men living in the
West have been falsely accused of demanding an illegal
dowry by their brides or in-laws, who extort them for
money and sponsorship to the United States.
SAN FRANCISCO--"Everything happened so quickly,"
says Pradeep, a tall, trim real estate agent based in
the eastern San Francisco Bay Area, recalling his first
nervous meeting with Madhu, his bride-to-be, at a four-star
hotel in New Delhi on Christmas 2002.
He didn't feel entirely comfortable with her, at first,
he says. "She just sat there, biting her nails."
But Pradeep was impressed by something she said. "I
asked, 'What are you looking for in a husband?' and
she said, 'He should be nice and caring.' Usually, they
ask how much money you make!"
Pradeep and Madhu were married three weeks later, and
she came to live with him in California in May 2003.
In some ways, their story is typical -- an Indian man
who settles in the United States, earns some money,
and goes back to India to choose a bride.
But what happened next illustrates a dark side of the
non-resident Indian (NRI) marriage story. Pradeep, 31,
a naturalized U.S. citizen, says he became the victim
of extortion, embezzlement and immigration fraud.
Pradeep and Madhu returned to India in January 2004
at her insistence so that she could see her family.
According to documents Pradeep filed with U.S. immigration
authorities, once they arrived at her family's house,
he was drugged, held at gunpoint, and held captive for
weeks in an attempt to extort $60,000 and help in obtaining
visas to the U.S. for the rest of the family.
Only after his family in the U.S. contacted the FBI's
office in New Delhi, the Diplomatic Security Services,
and the New Delhi police, was he able to escape.
Ajay, a 27-year-old H1-B high tech worker in New Jersey,
told India-West in a phone interview that he met his
bride on Shaadi.com, a leading matrimonial Web site.
After two years of marriage in the United States, she
said she wanted to return to India to be with her parents.
Back in India, she accused him of demanding a dowry
and filed a complaint against him under Section 498A
of the Indian Penal Code. Commonly called "498A,"
the section defines the offense of "matrimonial
cruelty" and makes demanding dowry a crime.
The law has been a lifesaver for women who have faced
harassment or torture at the hands of their husband
or his family. Offenders face up to three years' imprisonment
and a fine.
But 498A has become a nightmare for many husbands as
well.
In some cases where the accused husband has left India,
judges have refused bail unless his family deposits
a sum of money in his name as a precondition to the
grant of bail; some men say their parents have been
taken into custody as well. Ajay says he has had to
pay a total of $10,000 in legal expenses to keep his
own parents in India out of jail.
The number of false dowry claims against men is still
overshadowed by the number of dowry deaths and other
dowry-related crimes against women in India. A BBC report
last year stated that Indian government statistics showed
that nearly 7,000 women were killed in 2001 by their
husbands and in-laws over inadequate dowry payments.
But the abuse of anti-dowry laws has become serious
enough that the United States Department of State has
published a travel warning about "Dowry/Visa Demands"
for travelers to India. The warning states in part:
"A number of U.S. citizen men who have come to
India to marry Indian nationals have been arrested and
charged with crimes related to dowry extraction ...
The courts sometimes order the U.S. citizen to pay large
sums of money to his spouse in exchange for the dismissal
of charges. The courts normally confiscate the American's
passport, and he must remain in India until the case
has been settled."
The State Department cannot say how many false complaints
are filed each year. However, "The fact that we
issued a warning should be an indication of how widespread
the problem is," says John Peters, the department's
citizen services specialist for India.
Still, as in any case where an American citizen is
accused of breaking local laws overseas, there is not
much that the State Department can do, says Angela Aggeler,
a State Department spokesperson.
Just as the U.S. State Department's ability to get
involved is limited, so too is that of the Indian Embassy
here in the U.S. Akhilesh Mishra, deputy consul general
for the Consulate General of India in San Francisco,
told India-West: "The Consulate has no specific
role or comment on the issue, which has to be addressed
through usual legal means."
Many Indian men who immigrate to the United States
would never think to be concerned over whether a "slim,
fair" bride advertised in the Times of India or
on a marriage Web site might try to extort money or
visas out of him.
Deepak is a 28-year-old computational engineer in the
East Bay who has spent his life savings battling 498A
legal woes.
"I see these guys at the airport on their way
to India, and I think, 'They look like poultry going
to be slaughtered,'" he says with a melancholy
laugh.
Tsering is a staff reporter for India West, a San Leandro,
Calif.-based news weekly. The names of the men who were
allegedly victimized have been changed for their protection.

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