• UGI USER
  • Dec 31, 2023
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A QUIET REPRIEVE

Syllabus

  • GS2: India and its Neighborhood- Relations

Why in the News?

  • Recently, the Qatari court’s decision to reduce the capital punishment of eight former Indian naval personnel brings a notable reprieve.
  • The government should now reconsider legal strategies, explore judicial avenues, and actively pursue diplomatic efforts to secure their release, underscoring India’s unwavering priority for their well-being.
Source: Times of India

Qatari Court’s Decision: A Ray of Hope for Indian Sailors

  • The recent decision of the Qatari court to reduce the capital punishment for eight former Indian naval personnel brings a sense of relief.
  • The government had been tirelessly using diplomatic channels to seek leniency for these individuals.
  • However, while the verdict upholds their conviction, it brings about disappointment.

Next Steps

  • The government and the families of the sailors now need to rethink their legal strategy.
  • They must carefully analyze evidence of innocence before filing a review petition with Qatar’s Court of Cassation, the highest judicial authority in the country.

Possible Paths Ahead

  • Review Appeal: Explore judicial avenues, emphasizing India’s commitment to the sailors’ well-being.
  • Diplomatic Efforts: Pursue diplomatic channels, conveying the priority India places on the sailors’ release.
  • Clemency Appeal: If needed, appeal for clemency or explore a transfer of their sentences to India.

Options for the Indian Sailors

Review with Qatar’s Emir

  • Continue urging Qatar’s ruling Emir, Sheikh Tamim bin Hamad Al-Thani, for a review of the sailors’ conviction.
  • Emphasize India’s commitment to justice and the well-being of its citizens in diplomatic discussions.
Source: Hindustan Times

Clemency Appeal

  • Appealing for Mercy: Explore the option of appealing for clemency and requesting a pardon.
  • Highlight instances where Qatar’s rulers have granted clemency in the past.

Transfer to India

  • Serving Terms in India: Evaluate the option of the sailors serving their sentences in India as per the 2015 bilateral Agreement on Transfer of Sentenced Persons.
  • Acceptance Condition: Understand that this option requires accepting that the conviction cannot be overturned.

Government’s Role

  • Diplomatic Pursuit: Showcase the government’s persistent diplomatic and political efforts to prioritize the sailors’ release.
  • Public Image: Ensure the public understands the extent to which the government is committed to securing the sailors’ freedom.

 PM Modi’s Recent Diplomatic Move

  • In a significant development, Prime Minister Narendra Modi engaged with Qatari Emir during COP28 on December 1.
  • However, questions arise about the timing of this political outreach.
  • Would it have been more effective earlier, when the eight sailors were first arrested in August 2022?
  • While this remains uncertain, the engagement is considered crucial in diplomatic efforts to secure the sailors’ release.

India’s Tactful Approach in Handling the Case

  • India has taken a commendable stance in contrast to its public response in other situations.
  • Unlike the public rhetoric witnessed in the Canada situation, India has refrained from targeting Doha, understanding the potential counterproductive consequences.
  • If the case is linked to India’s intelligence services, a careful review of operations that might endanger Indians abroad is crucial.
  • This diplomatic discretion reflects a thoughtful strategy, prioritizing the safety and well-being of its citizens overseas.

Navigating Regional Tensions: A Pragmatic Approach

  • In a wise move, New Delhi has avoided entangling the case of the eight Indian sailors with the escalating regional tensions, notably the ongoing Gaza bombardment by Israel.
  • By maintaining a consistent and measured stance, considering Qatar’s sensitivities, and pursuing a determined yet low-key approach, there’s hope for a positive resolution and the safe return of the sailors to India.
  • This strategic positioning underscores a thoughtful and pragmatic diplomatic strategy.
Treaty on Transfer of Sentenced Persons (India-Qatar 2015)

·  This agreement allows the transfer of sentenced individuals between India and Qatar to serve their remaining sentences in their home countries.

Key Objectives

·  Facilitating Family Proximity: The treaty aims to enable Indian prisoners in Qatar and vice versa to serve the remaining part of their sentences near their families.

·  Social Rehabilitation: The transfer of sentenced persons supports their social rehabilitation, fostering a conducive environment for their reintegration into society.

·  It reduces overcrowding in prisons in both countries.

·  It fosters cooperation and understanding between India and Qatar.

Background

Pre-2004 Scenario

·  Before 2004, no domestic legislation allowed the transfer of foreign prisoners to their home country.

Repatriation of Prisoners Act, 2003

·  Enacted to address this gap, the Act paved the way for the transfer of prisoners to their countries of origin.

Expanding Collaborative Network

·  India has already signed similar agreements with various countries, including the United Kingdom, Mauritius, Egypt, France, Saudi Arabia, Sri Lanka, and Australia.

 

Source

https://pib.gov.in/newsite/PrintRelease.aspx?relid=112436

Mains Practice Question

Examine the implications of the Qatari court’s decision to reduce the capital punishment for eight former Indian naval personnel. What challenges and opportunities does this present for the Indian government?