Lok Sabha Question No. 1917 (UNSTARRED), answered on 2024-08-02
Subject: Detention of Indians in Gulf
Ministry: EXTERNAL AFFAIRS
Asked by: Shri Vijayakumar Alias Vijay Vasanth

## GOVERNMENT OF INDIA

## MINISTRY OF EXTERNAL AFFAIRS LOK SABHA

UNSTARRED QUESTION NO-1917

ANSWERED ON- 02/08/2024

## DETENTION OF INDIANS IN GULF

1917. SHRI VIJAYAKUMAR ALIAS VIJAY VASANTH

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

- (a) the diplomatic efforts being undertaken to address the detention of Indian nationals in Gulf countries and other countries;
- (b) whether the Government has made any recent agreements or held discussions with Gulf countries/other countries aimed at securing the release of Indian prisoners and if so, the details thereof;
- (c) the measures being taken to ensure that Indian prisoners in Gulf countries/other countries receive fair trials and are treated humanely;
- (d) the manner in which the Government of India addressing reports of human   rights   abuses   involving   Indian   nationals   detained   in   Gulf countries/other countries;

(e) the number of prisoners who have completed their jail terms abroad, country-wise; and

(f) the steps taken by the Government for their release?

## ANSWER THE MINISTER OF STATE IN THE MINISTRY OF EXTERNAL AFFAIRS

## (SHRI KIRTI VARDHAN SINGH)

(a)   Indian   Missions/Posts   abroad   regularly   take   up   the   matter   with concerned law enforcement agencies through local Foreign Office for expediting   the   investigation/trial   and   early   release/deportation   of detained/arrested Indian nationals. Matters related to Indian nationals including detentions and related issues are also taken up with the host government during the bilateral Joint Committee meetings on consular affairs and such other institutional mechanisms.

(b) India has signed Agreement on Transfer of Sentenced Persons with 31 countries including Bahrain, Kuwait, Qatar, Saudi Arabia and United Arab Emirates. The transfer of  a sentenced person to his country of nationality under the TSP Agreement is dependent on completion of various   formalities   such   as   prisoner's   willingness   to   be   transferred, consent of  the transferring and the receiving country, availability of complete   documentation   necessary   for   processing   the   request, clearance from appropriate agencies etc.

(c to f) The Government attaches high priority to the safety, security and well-being of Indians in foreign countries, including those in 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, confirm his or her Indian nationality and ensure his or her welfare. Missions/Posts remain vigilant to ensure that rights of the Indian prisoners in foreign jails are protected.

Apart   from   extending   all   possible   consular   assistance   to   Indians imprisoned abroad, Indian Missions and Posts also assist in providing legal aid wherever needed. Missions and Posts also maintain a local panel of  lawyers in countries where Indian community is in sizeable numbers. No fee is charged from any Indian prisoner for extending such 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 for issuing travel documents / air tickets during repatriation.

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 foreign 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.   When   these   imprisoned   Indians   get   released,   they   are facilitated in getting travel documents for early repatriation.

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