The current situation: There has been a lot of discussion and effort surrounding the acquittal and repatriation of nurse Nimisha Priya from Kerala, who was sentenced to death by a Yemen court for the murder of her business partner. This case has brought attention back to the concept of ‘blood money’ and its implications.
What is ‘blood money’?
‘Blood money’, also known as ‘diya’, is a concept rooted in Islamic Sharia law and is practiced in countries that incorporate these laws into their legal systems. Under ‘diya’, a specific amount of valuable assets, usually monetary, must be paid by the perpetrator of a crime to the victim or the victim’s family in cases of unintentional murder or culpable homicide. This practice aims to provide compensation to the affected family and mitigate their suffering and potential loss of income. Even if ‘blood money’ is paid, the community and the state may still impose additional penalties as a deterrent.
In modern applications, ‘blood money’ is upheld in various Islamic countries, with factors such as gender, religion, and nationality of the victim influencing the compensation amount. Saudi Arabia, for example, requires payment of ‘blood money’ to victims’ heirs in road accidents, with additional penalties such as prison terms. In Iran, ‘blood money’ varies based on religion and gender, with efforts to equalize compensation ongoing. Pakistan and Yemen also have provisions for ‘diya’ and ‘qisas’ in their legal systems, with judicial oversight ensuring fairness in compensation agreements.
What is India’s stance on ‘diya’?
India’s formal legal system does not include provisions for ‘blood money’. However, the country does allow for plea bargaining, where defendants can plead guilty to receive concessions from the prosecution. While plea bargaining is not directly equivalent to ‘blood money’, it provides a framework for negotiation in criminal cases. Victims may also receive compensation under plea bargaining, and efforts are being made to refine this process further.
While India has utilized plea bargaining to a limited extent, concerns remain about the potential coercion of innocent individuals due to lengthy legal processes and trials.
Historical practices similar to ‘blood money’
Similar practices to ‘diya’ can be found in the historical legal systems of various cultures worldwide. For example, ancient Irish law included systems like ‘Éraic’ and ‘Log nEnech’, which allowed for amicable resolution of disputes through payments. ‘Galanas’ in early Welsh law and ‘Wergeld’ in medieval Germany also bear resemblance to ‘blood money’.
American legal expert Roscoe Pound notes that many medieval states had established standards for compensating victims’ kin in cases of severe crimes like homicide.
Previous cases of Indians pardoned with ‘blood money’
Several Indian nationals have been involved in cases where ‘blood money’ was used to commute their sentences. In Kuwait, Arjunan Athimuthu’s death sentence was reduced to life imprisonment after his family paid ₹30 lakh. Abdul Rahim in Saudi Arabia and other Indians in the UAE were also pardoned after ‘blood money’ payments. The case of Nimisha Priya, currently in Iran, remains unresolved as discussions continue.
Published – January 16, 2025 08:30 am IST
