Death Penalty Abolition Debate

Does ‘blood money’ have a legal standing?

Explained | Governance | Mains Paper 2: Governance, Transparency & Accountability, Citizens Charters
Note4Students

From UPSC perspective, the following things are important :

Mains level: Issues related to crime;

Why in the News?

The death sentence given to Kerala nurse Nimisha Priya in Yemen for murdering her partner has sparked debates on her acquittal, repatriation, and the role of ‘blood money‘ compensation.

What does ‘blood money’ mean?

  • ‘Blood money’, known as ‘diya/diyah‘ (in Arabic), refers to the financial compensation paid to the victim or their heirs in cases of murder, bodily harm, or property damage under Islamic law. It serves as an alternative to the principle of qisas, which allows for retribution.
  • The concept aims to promote forgiveness and reconciliation while providing reparative justice to the victim’s family, preventing cycles of vengeance that could lead to further conflict.

How does it figure in Islamic Sharia law?

  • Definition and Purpose: In Islamic Sharia law, diyah (blood money) is the financial compensation paid to the victim or their heirs in cases of murder, bodily harm, or property damage caused unintentionally.
    • It serves as an alternative to qisas (retaliation), allowing the victim’s family to choose between seeking retribution or accepting compensation, thereby promoting forgiveness and reconciliation within the community.
  • Legal Framework: The amount of diyah is typically determined through negotiation and varies based on factors such as the victim’s gender and religion.
    • In traditional Islamic law, homicide is treated as a civil matter between individuals rather than solely a state issue, with the victim or their heirs having significant authority in deciding the resolution.

What’s India’s stand on ‘diya’?

  • The Indian legal system does not incorporate ‘diyah’ as a means of compensation for victims or their families. Instead, it emphasizes formal legal proceedings and criminal justice processes without the option for monetary compensation in cases of homicide or serious offenses.
  • Introduced through the Criminal Law (Amendment) Act, 2005, plea bargaining allows for some level of negotiation between the accused and the prosecution, enabling victims to receive compensation under specific conditions.
    • However, this process is limited to certain offenses and does not encompass the broader cultural and social implications associated with diyah in Islamic law.

Have there been other Indians who were pardoned with ‘blood money’?

Yes, there have been several instances involving Indian nationals who were pardoned through the payment of blood money. 

  • Ten Indians in UAE (2017): In this case, ten Indian nationals were forgiven by the victim’s family after a blood money payment of 200,000 dirhams was made.
  • Seventeen Indians in UAE (2009): These individuals were on death row for the murder of a Pakistani national but were pardoned after a blood money amounting to nearly ₹4 crore was paid. The Indian consulate actively participated by hiring a law firm to advocate for their case.

Way forward: 

  • Strengthen Diplomatic Interventions: The Indian government should establish dedicated legal aid and consular support mechanisms to negotiate and facilitate the resolution of cases involving citizens abroad, ensuring transparency in blood money arrangements.
  • Promote International Legal Awareness: Educate Indian expatriates on local laws and the implications of blood money practices in host countries to prevent legal entanglements and ensure better compliance with local regulations.

Mains PYQ:

Q Discuss the possible factors that inhibit India from enacting for its citizen a uniform civil code as provided for in the Directive Principles of State Policy. (UPSC IAS/2015)

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