02/11/2014

An outrageous penalty - The Hindu

Opinion Editorial
An outrageous penalty
The death sentence imposed on five Indian fishermen by a Sri Lankan court for drug trafficking has added an
unfortunate dimension to relations between the two countries. The issue has roiled Tamil Nadu, where it is being seen
as one more atrocity by Sri Lanka against the States fishing community. The Government of India has said the
fishermen are innocent and plans to help them appeal the sentence. The five were arrested mid-sea in the Palk Bay
region in November 2011 and tried for being in possession of heroin. Three Sri Lankans have also been sentenced to
death in the same case. Irrespective of the merits of the case, the sentence seems unduly harsh, especially considering
that the men had no previous record of being involved in the narcotics trade. Moreover, there is no instance of Sri
Lanka handing down this punishment in any other case of drug trafficking over the last many years. In any case, capital
punishment for a drug offence goes against all humane norms. While the two countries have a treaty on transfer of
prisoners under which an Indian serving time in a Sri Lankan prison can be repatriated and complete his sentence in
an Indian jail and vice versa it does not cover those sentenced to death, unless the sentence is commuted. But
there are still strong reasons to hope that Sri Lanka will not carry out the sentence. For one, in keeping with its
Buddhist traditions, the country has not carried out a judicial execution since 1976. For nearly three decades, though
Sri Lankan courts awarded the death penalty in many cases, in every instance the sentence was commuted to life
imprisonment. In 2004, the country decided to implement death sentences once again, but to date no execution has
taken place. A process of appeals is also available to the fishermen, first in the Court of Appeals, then the Supreme
Court, and finally to the President, who has the power of pardon.
While the final outcome may well be positive, the entire episode is a setback in other ways. First, it will complicate
efforts to find an early resolution to the issue of how fishermen on both sides can live and pursue their livelihoods
without hurting each others access to scarce marine resources. Secondly, with political and public passions in Tamil
Nadu running high, attitudes against Sri Lanka are certain to harden in the State. In the past, hardline Sinhala
ideologues and politicians across the Palk Strait have fed off Tamil Nadus anti-Sri Lanka sentiments. With Sri Lanka
now in its presidential election season, there is reason to be concerned about the vitiated atmosphere. In the best
interests of both countries, the issue must not be turned into fodder for political mileage.
Keywords: fishermen death penalty, Sri Lanka court verdict, death sentence, Palk Bay region, Court of Appeals
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