Supreme Court Urges Government to Seek Alternatives for Kerala Nurse on Death Row in Yemen
Supreme Court's Directive
On Monday, the Supreme Court instructed the Indian government to investigate 'informal channels' to assist Nimisha Priya, a nurse from Kerala facing execution in Yemen. This order came after the government's statement indicated limited options for her case. The bench, led by Justices Vikram Nath and Sandeep Mehta, was addressing a petition from the 'Save Nimisha Priya International Action Council,' which called for diplomatic efforts to intervene with Yemeni officials on her behalf. Nimisha is set to be executed on July 16.
Government's Position
During the proceedings, the Supreme Court heard the petition urging the Indian government to engage in diplomatic discussions with Yemen to save Nimisha Priya. The Attorney General, Venkataramani, stated, 'There’s not much the government can do... considering Yemen's sensitivity... it’s not diplomatically recognized. Blood money is a private matter.' He reassured the court that the government is making every effort to suspend or delay the execution.
Judicial Concerns
Justice Sandeep Mehta expressed his worries regarding the situation, emphasizing the tragedy that would ensue if Nimisha Priya were to lose her life. The Attorney General confirmed that the government is actively working to assist and will persist in its efforts to protect its citizen. The Supreme Court has scheduled the next hearing for July 18 and has requested the government to explore informal communication avenues with Yemeni authorities, while also keeping the court updated on any developments.
Potential for Diyat Under Sharia Law
A possible avenue for hope lies in the 'Diyat' option under Sharia Law, which refers to financial compensation paid to the victim's family in cases of murder or bodily harm. This could allow the victim's family to forgive the offender and potentially reduce or waive punishments such as execution. If Nimisha's family can negotiate successfully with the victim's family, this might spare her from execution. The Save Nimisha Priya International Action Council has raised $40,000 for this purpose, but negotiations have faced challenges due to the ongoing civil conflict and communication barriers.
Background of Nimisha Priya
Nimisha Priya relocated to Yemen in 2008 to support her family and established a clinic in 2015, sponsored by Yemeni citizen Talal Abdo Mehdi. Their professional relationship soured, with Nimisha accusing Mehdi of misusing clinic funds, seizing her passport, and subjecting her to harassment. In 2017, in an attempt to reclaim her documents and escape, she sedated Mehdi, resulting in his death. Nimisha claimed she acted in self-defense after he threatened her life, and with a colleague, disposed of his body. After fleeing to another hospital, she was arrested in 2017 and sentenced to death in 2020. The Save Nimisha Priya Action Council has been advocating for her release through legal appeals and negotiations for diyat to seek a pardon from Mehdi’s family, as allowed under Yemeni law.