India boasts the highest diaspora of citizens worldwide, with individuals spanning across 210 countries. However, the counterpart to this global presence is the significant number of Indians incarcerated abroad. As per current statistics, over 9,500 Indians are in foreign jails, with a concerning percentage lodged in Middle Eastern countries and Qatar housing the third-largest population of Indian inmates in the region.
According to the Ministry of External Affairs (MEA), more than 1.3 crore Non-Resident Indians (NRIs), over 1.8 crore Persons of Indian Origin (PIOs), and as many as 3.2 crore Overseas Indians reside in these countries.
Distribution of Indian Prisoners Abroad
A total of 9,521 Indians are currently lodged in prisons in 89 out of the 210 countries hosting Indian diaspora. The majority of these prisoners, nearly 62%, are in the Middle East, primarily in Saudi Arabia (2,200), followed by UAE. Qatar also hosts 752 Indian prisoners, while others are in Kuwait, Bahrain, and Oman.
In Asia, about 23% of the total 1,227 prisoners are in Nepal, followed by Malaysia, Pakistan, China, Singapore, Bhutan, and Bangladesh. European countries, too, house numerous Indian prisoners, with the United Kingdom leading at 278, followed by Italy, Germany, France, and Spain.
Protocol When an Indian is Imprisoned Abroad
According to the MEA’s Standard Operating Procedure, both Indian Missions and Posts abroad monitor occurrences of Indian nationals getting imprisoned for alleged infringement of local laws. They liaise with the local Foreign Office and other respective authorities to get consular access to such individuals.
MEA officials then determine the case facts, verify Indian nationality, and assure the welfare of such individuals. They extend all possible consular assistance, provide necessary legal aid, and coordinate with local law enforcement agencies to conclude judicial proceedings as soon as possible.
Government Measures to Assist Overseas Prisoners
To help overseas Indian prisoners, Indian Missions and Posts maintain a local panel of lawyers in countries with considerable Indian communities. All facilities extended by the Embassy are free of charge.
The Indian Community Welfare Fund (ICWF) is established to assist Indian nationals facing distress situations abroad. It helps by providing financial backing for legal aid and travel documents, as well as air tickets during repatriation.
Repatriation and Reduction in Sentence of Indian Nationals
The government actively pursues the release and repatriation of Indian nationals in foreign prisons. While seeking pardon and reduction in prison sentences, often, foreign governments do not share data with the concerned countries. Due to rigorous efforts by the Indian Government, 4,597 Indian nationals have received pardon or sentence reductions since 2014.
Agreements on Transfer of Sentenced Persons (TSP)
India has signed TSP agreements with 31 countries, allowing Indian prisoners lodged in foreign jails to serve their remaining sentences in India and vice versa. Since 2006, 86 prisoners were transferred under TSP, including 75 Indians transferred to India and 11 foreign prisoners repatriated to their home countries.
Need for Improved Assistance and Awareness
It’s imperative to strengthen the resources and capabilities of Indian missions abroad to provide consistent and effective consular assistance to imprisoned nationals. Additionally, diaspora should be educated about local laws and customs to prevent legal conflicts. Enhanced diplomatic efforts can streamline prisoner transfer processes and ensure fair treatment for Indian nationals in foreign jails. Therefore, policies related to Indians imprisoned abroad need constant review and potential amendments for smoother repatriation or sentence transfers.