India’s High Court of Delhi recently issued an order to the central government instructing them to establish rapid and efficient communication lines with embassies belonging to foreign nationals currently incarcerated in Indian jails. The objective is to address a common problem experienced by up to 75% of these foreign-inmate population who face struggles to access their respective embassies or consulates post-arrest.
What are Foreign National Prisoners?
Foreign National Prisoners (FNPs) are classified as individuals serving jail time in a country different from that of their passport. According to the Prison Statistics of India report published in 2015, India houses roughly 6,185 FNPs. However, a report by the Commonwealth Human Rights Initiative (CHRI), named ‘Strangers to Justice’, estimates this number to be around 4,000 across 22 States and 4 Union Territories.
Challenges Faced by FNPs in India
Despite being entitled to basic minimum rights enshrined in the Constitution of India, FNPs often face numerous issues during their incarceration. These include obstacles due to language barriers, cultural differences, religious divergence, customs, and lack of local familial relations.
Around 90% of FNPs report difficulties in obtaining bail, primarily because of their distinct status or due to persistent specific concerns that they may become untraceable once released on bail. As per records, only a meager 5.7% of FNPs (222 out of 3,908) in India have ever been able to avail consular access.
Legal Distinctions and Impediments
The legal system in India does not distinguish between Indian and foreign nationals, particularly concerning bail grants. However, it is clear that FNPs face unique and additional challenges due to their foreign status. It is incumbent upon the government to take tangible steps to mitigate such discriminatory practices.
List of Concerning Facts
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| Concerning Fact | Percentage / Number |
|---|---|
| FNPs struggling to access embassy/consulate | 75% |
| FNPs facing difficulty in securing bail | 90% |
| FNPs who ever received consular access | 5.7% (222 out of 3,908) |
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Key Recommendations
Cases of FNPs struggling to secure bail should be expedited, and their arrests in significant crimes should be promptly reported to the Ministry of External Affairs (MEA) by the concerned State’s Director General of Police/Commissioner of Police. Additionally, police and prison authorities should be better educated about mandatory requirements and expected procedures for foreign inmate treatment.
Lastly, the MEA should engage more actively with consulates, encouraging them to visit their national detainees. This will enable them to fulfill their obligations under the Vienna Convention on Consular Relations.
Last Modified: February 6, 2024