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Critical Topics and Their Significance for the UPSC CSE Examination on March 26, 2025

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What is India’s approach to citizens on death row abroad?

For Preliminary Examination:  Current events of national and international significance

For Mains Examination: GS II - Governance on capital punishment

Context:

On March 3, the Ministry of External Affairs (MEA) informed that the execution of Shahzadi Khan, an Indian national sentenced to death in the UAE for the alleged murder of an infant, was already carried out. The Ministry’s confirmation came as a response to a petition filed by her father Shabbir Khan. In less than a week, the Ministry confirmed that two more Indian nationals, convicted in separate cases, were also executed in the UAE.

Read about:

Death Sentence

Ethics around Capital punishment

Key takeaways:

• According to data presented by the Ministry of External Affairs (MEA) in the Rajya Sabha on March 20, a total of 49 Indian nationals are currently facing the death penalty in foreign countries.
• The highest number of such cases is in the UAE, where 25 Indians are on death row, followed by 11 in Saudi Arabia. In response to the Rajya Sabha query, the MEA stated that Indian diplomatic missions abroad extend all possible support to Indian citizens convicted by foreign courts.
• Providing insights into how the MEA handles such cases, former Indian Ambassador to Oman, the UAE, and Saudi Arabia, Talmiz Ahmad, explained that the process unfolds in three stages. The first involves the individual's arrest and subsequent indictment by the authorities.
• The second stage is a lengthy judicial process that leads to the sentencing. The final stage is the possibility of a pardon granted by the country’s ruler or head of state. When an individual is categorized as being on death row, it signifies that both the arrest and judicial procedures have been completed, and the court has confirmed the sentence.
• At this stage, the only recourse available to the convicted person or their representatives is to seek clemency from the ruler. The plea for a pardon is usually initiated by the accused’s family, and if they reside in India, they receive guidance on submitting the petition. Once prepared, the Indian embassy forwards the petition to the respective foreign office, urging that it be presented to the ruler for consideration.
• In several Gulf nations, a death sentence may also be commuted if the victim’s family agrees to accept ‘blood money,’ which is compensation provided in place of capital punishment. However, this option depends on the approval of both the victim’s family and the state.
• In certain cases, governments may refuse to grant clemency based on the severity of the crime. Capital punishment is typically reserved for serious offenses such as murder, rape, and treason. In countries with authoritarian governance and opaque judicial proceedings, such as Saudi Arabia, Indian embassies are often not informed about an individual’s arrest, trial, or sentencing.
• They receive official confirmation of the case only after the execution has taken place. The embassy's involvement is further restricted when the accused confesses to the crime, as the circumstances surrounding such confessions often remain unclear.
• Conversely, in countries with relatively transparent judicial systems, Indian embassies have the option to appoint legal rep