India’s Approach to Citizens on Death Row Abroad: Legal, Diplomatic, and Humanitarian Dimensions

Introduction: A Growing Concern in Foreign Policy and Human Rights

The recent executions of Indian nationals in the UAE have stirred national and international attention, raising significant concerns about India’s capacity to protect its citizens facing capital punishment abroad. As of March 2025, the Ministry of External Affairs (MEA) reports that 49 Indian citizens are on death row globally, with 25 in the UAE and 11 in Saudi Arabia.

These figures are not just statistics; they represent individuals whose lives hinge on diplomatic agility, legal assistance, and international goodwill. India’s role in safeguarding their rights and lives speaks volumes about its commitment to human rights, diaspora welfare, and diplomatic maturity.

1. Understanding the Scope: Indians on Death Row Abroad

India has one of the largest diasporas in the world, with over 13 million non-resident Indians (NRIs) and 17 million persons of Indian origin (PIOs). Many work in low-skilled, high-risk jobs in Gulf and Southeast Asian countries. Vulnerabilities range from language barriers to lack of legal knowledge, increasing their risk of entanglement with foreign legal systems.

According to MEA data (March 2025):

49 Indians are on death row worldwide.
- 25 in the UAE
- 11 in Saudi Arabia
- Others in Indonesia, Malaysia, Qatar, and the U.S.

Common charges include drug trafficking, murder, and financial fraud, often governed by harsh local laws with limited recourse.

2. India’s Official Consular and Legal Approach

India’s diplomatic missions play a key role in supporting citizens in legal distress abroad, particularly in capital punishment cases.

Key Support Mechanisms:

Consular Access: Embassy officials try to establish early contact after arrest.
Legal Aid:
- Under the Indian Community Welfare Fund (ICWF), embassies appoint lawyers for poor individuals.
- They assist in hiring translators and filing appeals.
Petitions for Clemency: Appeals for pardon/commutation submitted to local authorities.
Family Liaison: Help families communicate with authorities and legal teams.

However, legal outcomes depend heavily on the host country’s judicial system, especially in authoritarian regimes with minimal transparency.

3. Diplomatic and Legal Challenges

1. Lack of Transparency and Timely Notification:

Many countries, like Saudi Arabia, do not inform Indian embassies of arrests or upcoming executions.
By the time the Indian government learns, legal avenues may have already closed.

2. Language and Cultural Barriers:

Migrant workers are often unaware of their legal rights and sign confessions under duress.
Interpreters are not always provided.

3. Weak Judicial Rights in Host Nations:

No public trials or open proceedings.
Appeals may not be permitted.
Legal aid may be limited or inaccessible.

4. Political and Strategic Constraints:

India often needs to balance bilateral ties with human rights advocacy.
In some cases, raising objections may risk diplomatic friction.

4. The Concept of "Blood Money" in Gulf Nations:

In countries like UAE, Saudi Arabia, and Qatar, the Islamic legal framework allows death sentences to be commuted through the payment of "blood money" (Diyya).

Key Features:

Compensation is paid to the victim’s family in exchange for pardon.
Requires approval from both the family and the state.
Used in murder and manslaughter cases, but not applicable for crimes like terrorism or rape.

Challenges with Blood Money:

High compensation amounts (often ₹2 crore or more).
Victim’s family may refuse to forgive.
India has no formal policy to finance such payments, leaving families to fundraise or rely on NGOs.

5. Case Studies: Successful Indian Interventions

1. Qatar Navy Case (2024):

8 Indian ex-naval personnel were sentenced to death on espionage charges.
Intense diplomatic engagement led to their release within months, showcasing India’s diplomatic leverage.

2. Gurdip Singh Case (Indonesia):

Convicted of drug trafficking.
Death penalty was commuted following Indian diplomatic outreach, despite failed legal appeals.

3. Sarabjit Singh (Pakistan):

While ultimately unsuccessful, the case highlighted how political tensions can obstruct legal interventions, even in high-profile cases.

6. Can the Embassy Do More?

Yes, but with serious constraints:

Limitations:

Jurisdictional barriers: Embassies cannot override local judicial systems.
Late-stage notifications: Often no time for intervention.
Budgetary restrictions: ICWF has limits.

Current Diplomatic Tools:

High-level political communication with heads of state.
Letters of clemency and mercy petitions.
Engagement with diaspora organizations and legal NGOs.

7. Comparative Global Practices:

United Kingdom:

Deploys a specialized Prisoner Welfare Team.
Advocates strongly against the death penalty regardless of the crime.

United States:

Offers extensive legal support for Americans abroad.
In controversial cases, Presidents personally intervene (e.g., U.S.-Iran prisoner swaps).

Philippines:

Known for proactive diplomacy in Gulf nations, including paying blood money from government or private donors.

India can learn from these models to formalize and scale its interventions.

8. Way Forward

1. Institutionalize Standard Protocols

Define SOPs for embassies to handle capital punishment cases.
Train diplomatic staff in legal advocacy and local criminal law procedures.

2. Strengthen Legal Infrastructure Abroad

Empanel trusted legal professionals in host countries.
Encourage early-stage legal aid, not just post-conviction support.

3. Raise Migrant Awareness

Pre-departure orientation programs must include legal literacy.
Partner with NGOs to educate on local laws, rights, and red flags.

4. Bilateral Agreements & Legal Cooperation

Sign mutual legal assistance treaties (MLATs).
Pursue extradition or prisoner transfer agreements with key countries.

5. Blood Money Mechanism

Create a public-private fund to support eligible cases.
Ensure transparency and due diligence to prevent misuse.

9. Conclusion:

The lives of Indians abroad must not be reduced to mere diplomatic footnotes. While sovereign nations have their own legal systems, India has a moral and constitutional obligation to protect its citizens through timely legal aid, effective diplomacy, and systemic reform.

The solution lies in institutional preparedness, inter-governmental cooperation, and public awareness. As a rising global power with an expansive diaspora, India must evolve its legal diplomacy framework to ensure no Indian abroad is left without a voice in the face of a death sentence.

Ultimately, protecting citizens from unfair trials and execution is not just about saving lives; it is about upholding India’s values, reputation, and responsibility on the world stage.