On India-Qatar relations – The Qatar death row and India’s options

Source: This post on India-Qatar relations has been created based on the article “The Qatar death row and India’s options” published in The Hindu on 15^th November 2023.

UPSC Syllabus Topic: GS Paper 2 International Relations – Effect of policies and politics of developed and developing countries on India’s interests.

News: This article discusses the various ways through which India can tackle the death penalty awarded by Qatar to Indian Navy officers.

Aspects of India-Qatar bilateral relations have been discussed in detail here.

Background of the Death Penalty to retired Indian Navy officers by Qatar can be read here.

What are some similar incidents that have occurred in the past?

The case shares similarities with other incidents involving the arrest of Indian nationals by foreign authorities.

Case of Kulbhushan Jadhav:

He was sentenced to death in 2017 in Pakistan on charges of espionage and sabotage. India moved the International Court of Justice (ICJ), which ordered Pakistan to review the process of Jadhav’s trial and conviction and provide India with consular access.

Case of Wing Commander Abhinandan Varthaman:

His aircraft was shot down by Pakistani fighter jets and was captured on the Pakistani side of the Line of Control, but was released later following intense back-channel communications between India and Pakistan.

What are India’s options in the Qatar case?

1) Legal route under Qatari law: India can pursue a legal battle with the aim of reducing the sentence to imprisonment.

2) India-Qatar Prisoner Transfer Agreement: In 2015, an agreement pertaining to the transfer of sentenced prisoners was signed, under which Indian citizens sentenced in Qatar have the choice to serve their sentence in India.

3) Approach the ICJ due to violation of Vienna Convention: Just as in the Jadhav case, there was a delay in notifying the Indian embassy here too. Article 36 of the Convention requires immediate notification of an arrest and the right to consulate access.

4) Diplomatic Dialogue: India can exert diplomatic pressure on Qatar due to significant economic ties. For instance, Qatar is the largest provider of LNG to India. Also, the Indian community represents the largest expatriate group in Qatar.

5) Engage Civil Society: Numerous global human rights organisations have been actively combating unlawful imprisonment and capital punishment. For instance, Amnesty International. These organisations also have the potential to mobilise and advocate for their release.

Read in detail about the Vienna Convention here.

What should be done?

This is a challenging diplomatic issue that requires careful consideration and strategic action.

India’s response should take into account the implications of the Vienna Convention on Consular Relations, international precedents, and the broader context of India-Qatar relations.

Whether through diplomatic dialogues, political interventions, legal appeals, or a blend of these strategies, India has the potential to seek a resolution.

Question for practice:

India’s outreach in the Gulf has received a setback in the form of the recent diplomatic row with Qatar. In this context, analyse the various options India can explore to secure the release of its citizens from the death penalty.