Death Sentence Given To Nimisha Priya

Death Sentence Given To Nimisha Priya

22-01-2025

What is the case?

  1. Nimisha Priya, a nurse from Palakkad, Kerala had moved to Yemen in 2008.
    • Yemen a country in West Asia, located in southern Arabia. It borders Saudi Arabia to the north, Oman to the northeast, the Red Sea to the west, and the Indian Ocean to the south.
  2. In 2011, She married Tomy Thomas, who hails from Idukki.
  3. Nimisha and Tomy decided to set up their own clinic. Since foreigners were not allowed to register their businesses, they looked to partner up with a Yemeni national.
  • In 2014, Nimisha’s husband Tomy Thomas went back to Kerala with their one-year-old child, as it was tough for the couple to look after their child with their low salaries.  
  1. In 2015, She opened her own clinic with the help of Yemeni citizen Talal Abdo Mahdi.
  2. But later, Nimisha complained about physical and sexual abuse by Mahdi. He also forged documents to present her as his wife and seized her documents.
  3. In 2017, in an effort to retrieve her documents, she injected him with sedatives which led to an overdose and his death.
    • Sedatives are a group of drugs that slow down the central nervous system (CNS) to help people relax, sleep, or reduce anxiety. Examples include barbiturates and benzodiazepines.
  4. Then, she was imprisoned for the killing of Talal Abdo Mahdi in 2017 and was sentenced to death by lower court in 2020.

Recent Development

During the end of December 2024, Yemen president Rashad al-Alimi, approved the death sentence given to Nimisha Priya.

What recourse/option does Nimisha Priya have?

The only recourse for Nimisha Priya is the payment of “blood money” to Mahdi’s family.

  1. “Blood money” or diyya is the compensation paid by an offender, usually a murderer to the family or kin group of the victim. The concept is prevalent in many Islamic legal systems.
  2. The principle of “blood money” or diyya comes from the Quran to encourage the virtue of forgiveness, while also providing reparative justice to the victim’s family.

India’s stand on blood money and how it is different from Plea Bargaining?

  1. India’s legal system does not officially recognize blood money. Instead, there is a concept called plea bargaining that allows some negotiation in criminal cases.
  2. Plea Bargaining was Introduced through the Criminal Law (Amendment) Act, 2005, plea bargaining lets the accused plead guilty in exchange for a lighter sentence or a reduced charge.
  3. However, it can only be used for crimes that are punishable with less than seven years in prison.
  4. Besides, the provision is not available for crimes against women or children aged below 14; heinous crimes such as murder or rape; and offences involving socio-economic conditions, including civil rights.
  5. It cannot be invoked if the accused has been previously convicted for a similar offence.
  6. Under plea bargaining, victims may receive compensation (Section 265E of the Code of Criminal Procedure). This is similar to blood money, but it is not the same.

Pardoning mechanisms for the death sentence in Yemen and India:

Aspect

Yemen

India

Legal Basis for Pardoning

Blood money (diyya) as per Sharia law

Article 72 of the Indian Constitution, President can grant pardons

Authority for Pardoning

Victim's family or a court-appointed body

The President of India

Conditions for Pardoning

The victim’s family may forgive the offender in exchange for blood money, and the state can intervene.

The President may pardon, commute, or remit a death sentence based on mercy petitions.

Role of Religion in Pardoning

Strongly linked to Islamic law and customs (Sharia law).

Secular, no religious basis for pardoning.

Similar Historical Practices:

Other cultures have had practices similar to blood money:

  1. Ireland: The Brehon law (7th century AD) included Éraic (body price) and Log nEnech (honor price). These payments were made based on the severity of the crime or the victim’s social status.
  2. Wales: The Galanas law involved paying a "blood fine" that was based on the social status of the victim, especially in cases of murder.
  3. Germany: The Wergeld system, practiced in early medieval Germany, was a compensation system for homicide where the victim's family received money.

Instances of Indians Pardoned Through Blood Money:

Several Indian nationals have had their death sentences reduced or pardoned after paying blood money in foreign countries:

  1. Arjunan Athimuthu in Kuwait (2019): An Indian man sentenced to death in Kuwait had his sentence reduced after his family paid ₹30 lakh in blood money.
  2. Abdul Rahim (2006) in Saudi Arabia: After being sentenced to death in Saudi Arabia for murder, Rahim’s sentence was reduced after ₹34 crore was paid as blood money.
  3. Indians sentenced to death in the UAE (2017-2019): Ten Indians had their death sentences overturned after paying 200,000 dirhams, and 17 others avoided execution after nearly ₹4 crore in blood money was paid.
  4. Former Indian Navy personnel in Qatar: Eight former Indian Navy personnel were arrested in Qatar in August 2022 in an alleged case of espionage and sentenced to death in 2023. The MEA had filed an appeal in the case, and the death sentence was commuted with an appellate court in Qatar handing them prison terms. They were eventually released early in 2024.

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