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India’s Efforts to Assist Nationals on Death Row Abroad
Context:
Recently, the Ministry of External Affairs (MEA) confirmed the execution of Shahzadi Khan, an Indian national sentenced to death in the UAE for the alleged murder of an infant.
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- The confirmation came in response to a petition filed by her father, Shabbir Khan.
- Within a week, the MEA reported that two more Indian nationals, convicted in separate cases, had also been executed in the UAE.
Indians on Death Row Overseas
- According to data presented by the MEA in the Rajya Sabha on March 20, a total of 49 Indian nationals are currently on death row abroad.
- The highest number of Indians facing capital punishment is in the UAE, with 25 individuals awaiting execution, followed by 11 in Saudi Arabia.
India’s Response and Diplomatic Efforts
- Support by Indian Missions: The MEA emphasised that Indian missions abroad extend all possible support to citizens facing capital punishment in foreign jurisdictions.
- Stages: Explaining the ministry’s approach, Talmiz Ahmad, a former Indian Ambassador to Oman, the UAE, and Saudi Arabia, outlined the three key stages involved in such cases:
- Arrest and indictment by local authorities, a prolonged judicial process, and a final appeal for clemency to the ruler or head of state.
- Once the judicial process is completed and a death sentence is pronounced, the only available recourse is an appeal for a pardon.
- The embassy facilitates this by guiding family members in India on submitting petitions, which are then forwarded to the respective foreign offices for consideration by the ruling authorities.
- Blood Money: In many Gulf nations, death sentences can sometimes be commuted through the payment of blood money, a form of compensation paid to the victim’s family in lieu of capital punishment.
- However, such agreements require acceptance from both the victim’s family and the state, and in certain cases, the nature of the crime may prevent such a resolution.
Limitations of Embassy Intervention
- Death sentences are typically handed down for severe crimes such as murder, rape, and treason.
- In authoritarian countries with opaque judicial systems, such as Saudi Arabia, Indian embassies often receive limited information regarding arrests and trials.
- They are usually informed of the sentence only after its execution.
- The embassy’s role becomes further constrained when the accused has already confessed to the crime, as the circumstances surrounding the confession remain unclear.
- However, in countries with more transparent judicial processes, Indian embassies can appoint lawyers and, when necessary, utilise welfare funds to provide legal aid for those in need.
Past Cases of Successful Interventions
- The Indian government has successfully intervened in several cases to secure the release or commutation of sentences for its nationals.
- In February 2023, eight Indian Navy veterans who had been sentenced to death in Qatar were released following diplomatic negotiations and appeals at higher courts.
- Another notable case was that of Gurdip Singh, an Indian national arrested in Indonesia for drug trafficking in 2005.
- Despite his appeal being rejected at multiple levels, diplomatic efforts by the Indian government ultimately spared him from execution.
