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QUESTION NO - 2331 INDIANS LANGUISHING IN PRISONS IN FOREIGN COUNTRIES

March 20, 2025

RAJYA SABHA
UNSTARRED QUESTION NO - 2331
ANSWERED ON – 20.03.2025

INDIANS LANGUISHING IN PRISONS IN FOREIGN COUNTRIES

2331 SHRI ABDUL WAHAB:

Will the Minister of EXTERNAL AFFAIRS be pleased to state :-

(a) whether it is a fact that, many Indians are languishing in prison for years in foreign countries;

(b) if so, the details of Indian citizens who are languishing in foreign jails during last five years, country-wise;

(c) whether the Central Government is providing any legal support to those citizens;

(d) if so, the details thereof;

(e) whether any Indian has been executed or given capital punishment in foreign countries during the last five years;

(f) if so, the details thereof;

(g) the details of Indians who are awaiting capital punishment in foreign countries; and

(h) the efforts made by Government to save their life?

ANSWER
THE MINISTER OF STATE IN THE MINISTRY OF EXTERNAL AFFAIRS
(SHRI KIRTI VARDHAN SINGH)

(a) to (d) As per the information available with the Ministry, the number of Indian prisoners, including undertrials, in foreign prisons at present is 10,152. Country-wise list is placed at Annexure A. Urdu.pdf However, due to strong privacy laws prevailing in many countries, the local authorities do not share information on prisoners unless the person concerned consents to the disclosure of such information. Even countries which share information do not generally provide detailed information about the foreign nationals imprisoned.

The Government attaches high priority to the safety, security and well-being of Indian nationals in foreign countries, including those in the foreign jails. Indian Missions/Posts abroad remain vigilant and closely monitor the incidents of Indian nationals being put in jail in foreign countries for violation/ alleged violation of local laws. As soon as the information about the detention/arrest of an Indian national is received by an Indian Mission/Post, it immediately gets in touch with the local Foreign Office and other concerned local authorities to get consular access to the detained/arrested Indian national to ascertain the facts of the case, his/her Indian nationality and ensure his/her welfare. Missions/Posts remain vigilant to ensure that rights of the Indian prisoners in foreign jails are protected.

The issue of release and repatriation of Indian nationals in foreign prisons is regularly pursued by Indian Missions and Posts abroad with the local authorities concerned. Missions/Posts abroad also approach the law enforcement agencies to complete the investigation and judicial proceedings at the earliest possible. The Government also follows up this issue during consular and other consultations with other countries. In addition, the Government, through its Missions/Posts abroad and during high level visits, also takes up and pursues grant of amnesty/commutation of sentences of Indian prisoners in foreign countries. India has also entered into prisoner transfer treaties with many nations that allow a person convicted of a crime to be transferred to his/her home country to serve the prison sentence.

Apart from extending all possible consular assistance to Indian nationals imprisoned abroad, Indian Missions and Posts also assist in providing legal aid wherever needed. Missions and Posts also maintain a local panel of lawyers where Indian community is in sizeable numbers. No fee is charged from any Indian prisoner for extending facilities by the Indian Embassy concerned. The Indian Community Welfare Fund (ICWF) is set up in Indian Missions & Posts abroad for assisting overseas Indian nationals in distress situations on a means tested basis in deserving cases. The support extended under ICWF includes financial assistance to Indian prisoners for legal aid as well as travel documents / air tickets during repatriation.

(e) & (f) The details of number of Indian nationals executed or given capital punishment in foreign countries during the last five years are provided below:

(g) & (h) The details of number of Indian nationals who have been awarded death sentence but the judgement is yet to be implemented:

Indian Missions/Posts abroad provide all possible assistance to Indian nationals who have been sentenced, including with death sentences by the foreign courts. Indian Missions/Posts also provide consular access by visiting the jails and follows up their cases with Courts, Jails, Public Prosecutors and other concerned agencies. The jailed Indian nationals are also assisted in exploring various legal remedies including filing of appeal, mercy petition etc.

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