Hubertson Tomwilson, an Indian lawyer representing migrant workers in the Arab Gulf, said that Indian authorities—including the government, NRI bodies, and embassies—often fail to secure the essential documents needed to ensure justice for victims or survivors.
Published Jul 15, 2025 | 6:11 PM ⚊ Updated Jul 15, 2025 | 6:11 PM
(From left) Samuel Jerome, Adv. Subhash Chandran, Premakumari, Nimisha Priya's husband Tomy, and daughter.
Synopsis: The Indian government and the Yemeni authorities made this postponement possible,” Samuel Jerome, a Yemen-based Indian activist, who has been hosting Nimisha Priya’s mother, told South First.
The execution of Nimisha Priya, an Indian nurse, scheduled for Wednesday, 16 July, has been postponed, according to an Indian activist, Samuel Jerome, in Yemen for decades.
Jerome has also been hosting Priya’s mother, Prema Kumari, in Yemen since 2023-end as part of efforts to submit clemency pleas in person.
“The Indian government and the Yemeni authorities made this postponement possible,” Jerome said. “That said, the Yemeni victim’s family has still not agreed to engage in any positive discussions,” he added.
Priya stands accused of murdering Talal Abdo Mahdi, a Yemeni national whose dismembered body was found in a water tank in July 2017. A native of Kerala, Priya was working as a nurse in Yemen at the time. Her husband and daughter had been living with her, but when the civil war broke out in Yemen in 2014, they returned to India and have been unable to go back since.
Nimisha Priya. (Sourced)
In 2020, a Yemeni court sentenced Priya to death. She appealed the verdict to the Appeal Court in Yemen’s capital, Sana’a, but on 7 March 2022, the court dismissed her appeal. She subsequently approached the Yemeni Supreme Judicial Council.
On Monday, 14 July, the Indian government told the Supreme Court of India that “there’s not much the government can do,” prompting the court to respond, “It’s very sad” if she were to lose her life.
According to a parliamentary document from February this year, 49 Indians, including 25 in the UAE and 13 in Saudi Arabia, are currently on death row in foreign jails.
Speaking to South First, Rafeek Ravuther, executive director of the Centre for Indian Migrant Studies and a migrant rights’ activist for nearly three decades, said that access to justice remains a major challenge for Indian migrant workers.
“When a migrant worker is involved in a legal issue—whether cognizable or not—the first step should be to approach the embassy. But many don’t even know where the embassy is located or that legal aid is available. The language barrier adds to the confusion, especially during those critical initial hours,” Ravuther explained.
He also pointed to the consistent laxity of Indian embassies and the government in responding to such cases.
“Many emails, official petitions, and phone calls go unanswered or receive only automated replies like ‘we are looking into the case,’” said Ravuther, who has dealt with thousands of such cases involving Indian migrants.
On Priya’s case, Ravuther said that over the past five years, as part of the Save Nimisha Priya International Action Council, he has come to realise that Priya was not given a fair opportunity to prove her innocence.
Meanwhile, Hubertson Tomwilson, an Indian lawyer representing migrant workers in the Arab Gulf, said that Indian authorities—including the government, NRI bodies, and embassies—often fail to secure the essential documents needed to ensure justice for victims or survivors.
“Despite filing plea after plea, the authorities keep passing the buck in court,” he said.
Tomwilson is currently handling the case of Vijai Mon, a 28-year-old migrant worker from Tamil Nadu employed as a construction helper in Saudi Arabia.
“During a quarrel among Indian co-workers, one person was injured and later died in the hospital. Vijai Mon, who understands only Tamil, was forced by Saudi police to sign blank and Arabic-language documents and was subsequently implicated in the murder. He has since been sentenced to 20 years in prison. Neither his family nor the Indian Embassy has been given access to case documents. The government has also ignored pleas for support from the Indian Community Welfare Fund. No authority is taking responsibility for securing the documents needed to ensure justice,” Tomwilson said.
He added that when such cases reach Indian High Courts, both Union and State authorities often fail to respond meaningfully.
“Officials from embassies, the Protector of Emigrants, and state bodies routinely avoid filing counter affidavits or action taken reports. In many cases, missions don’t even file missing person reports abroad. They simply claim to have sent letters to local authorities but do nothing when there’s no reply,” he said.
According to a statement tabled in Parliament in March, the Indian government claims it gives high priority to the safety and well-being of Indian nationals abroad, including those in foreign jails.
Indian missions are expected to act promptly when nationals are arrested, securing consular access, verifying identity, and ensuring their welfare. They also liaise with local authorities to monitor legal proceedings and push for swift judicial action.
The government says it raises prisoner issues during diplomatic engagements and has signed prisoner transfer agreements with several countries. Missions are also tasked with offering legal aid, often through local lawyer panels, especially in countries with large Indian populations. Consular support is provided free of charge.
Financial assistance may be extended via the Indian Community Welfare Fund (ICWF), which helps cover legal expenses, documentation, and repatriation costs for distressed Indian nationals on a means-tested basis.
A notable example occurred in 2012, when 17 Indians—convicted for the 2009 murder of a Pakistani national in the UAE—were released after paying $1 million in blood money. Their release was facilitated by Dubai-based hotelier SP Singh Oberoi, who raised the funds through charity, with political support from leaders in Punjab.
(Rejimon Kuttappan is an independent journalist, labour migration expert, and author of Undocumented-Penguin 2021. Views are personal. Edited by Majnu Babu).
