The Prayas ePathshala

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07 September 2024 – The Hindu

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Relations between India and Qatar

Comparable events:

  • There are parallels between this case and past instances where foreign authorities have detained Indian nationals.
  • For example, Indian national Kulbhushan Jadhav was found guilty of espionage and sabotage in Pakistan in 2017 and given the death penalty. India disputes Pakistan’s accusations that it was him acting on behalf of its intelligence agency.
  • There was no openness during the military court’s proceedings. India filed a complaint with the International Court of Justice (ICJ), which determined that Pakistan had violated Vienna Convention Article 36, which calls for promptly notifying the national’s consulate of an arrest.
  • In a different event, Pakistani fighter jets shot down Wing Commander Abhinandan Varthaman’s aircraft, an Indian Air Force pilot, after he downed an F-16 fighter jet.
  • He was taken prisoner on the Pakistani side of the Line of Control, but after intense backchannel talks between India and Pakistan, he was freed some sixty hours later.
  • Similar to the current situation, the parties involved in both cases were reluctant to reveal their identities.
  • India used diplomatic channels to either reduce their sentences or return them to their native nation.

India’s alternatives:

  • Within the Qatari legal system, India is able to file legal appeals.
  • The act of gathering or sending private information or documents to a foreign government or its agents with the intention of endangering Qatar’s interests or national security is known as espionage in legal terms.
  • The fact that Qatar has kept the ruling a secret is remarkable. India has the option to fight to have the punishment reduced to incarceration.
  • An agreement about the transfer of inmates serving sentences was signed in 2015 between Qatar and India. As per the agreement, Indian nationals serving prison sentences in Qatar may elect to complete their sentence at home.
  • India may seek remedies from the International Court of Justice (ICJ) if the legal appeals process in Qatar’s judiciary fails to produce the intended results.
  • The foundation for consular relations between sovereign governments is provided by the Vienna Convention on Consular Relations.
  • The ICJ has mandatory jurisdiction over disputes arising from the interpretation or application of the Convention thanks to the Optional Protocol.
  • India has the authority to start diplomatic attempts to settle the dispute. There are now substantial business links between Qatar and India as a result of their partnership. The main supplier of liquefied natural gas to India is Qatar.
  • Even while India and Qatar’s defence cooperation has been very modest, it nonetheless provides a channel for diplomatic interaction.
  • In Qatar, the Indian community is the largest group of foreigners living there.
  • Additionally, the Indian Cultural Center’s linked community associations regularly host performances by Indian musicians in Qatar.
  • Leveraging these strong relations, New Delhi can put pressure on the Qatari government to treat the jailed persons more leniently, possibly providing some relief.

The next step:

  • Many international human rights organisations have been actively working to stop the death penalty, wrongful imprisonment, and other human rights abuses.
  • For example, Amnesty International has continuously promoted human rights throughout the world. These groups may also organise support for the Indian Navy officers who are on death row and act as advocates for them.

Way Forward:

  • This is a difficult diplomatic situation that calls for thoughtful deliberation and calculated action. The Vienna Convention on Consular Relations, international precedents, and the whole background of India-Qatar relations should all be considered in India’s answer. India may pursue a settlement through legal appeals, political interventions, diplomatic discussions, or a combination of these tactics.

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