A Race Against Time To Save Indian Nurse! Why Is Nimisha Priya Sentenced To Death In Yemen? Explained

(MENAFN- Live Mint) An Indian nurse, Nimisha Priya, on death row in war-torn Yemen, will be executed on July 16 as attempts continue to win her a stay of execution. Priya was sentenced to death for the murder of a Yemeni citizen--her former business partner - whose dismembered body was found in a water tank in 2017.

In 2020, a Yemeni court handed her the death sentence, and the country's Supreme Judicial Council dismissed her appeal in November 2023. The 38-year-old nurse is presently lodged in a jail in Sana'a, the Yemeni capital city that is under the control of Iran-backed Houthis.

"Shaken conscience of the public"

As the clamour against the sentencing of the Malayali nurse gained traction, politicians like Mehbooba Mufti and Rajya Sabha MP Sandosh Kumar sought the intervention of External Affairs Minister S. Jaishankar.

In a post on social media platform X, Mehbooba wrote, "Nimisha Priya, an Indian nurse, is facing execution in Yemen on 16th July. She was allegedly subjected to severe abuse, and in an attempt to defend herself, a man died. Nimisha now faces the death penalty.”

She said that under Yemeni law, clemency can only be granted if blood money is paid to the victim's family, an option the nurse's family is desperately pursuing.

Also Read | India engaged in efforts to halt execution of Indian nurse Nimisha Priya in Yemen on July 16

"Request Dr. S. Jaishankar to intervene immediately. Unfortunately, till now, the required funds and diplomatic pressure are both inadequate. Urgently appeal to everyone, especially women, to donate generously," Mufti wrote.

Communist Party of India (CPI) Rajya Sabha MP Sandosh Kumar, in a letter to Jaishankar, highlighted that Nimisha Priya's case has "shaken the conscience of the public" over the lack of legal safeguards.

"I am writing this letter with utmost urgency and deep concern regarding the impending execution of Ms. Nimisha Priya, a nurse from Kerala, who has been sentenced to death by a court in Yemen. Reports indicate that the execution may be carried out within days. Nimisha's case has not only shaken the conscience of the public but also raised serious concerns about the lack of legal safeguards and the humanitarian dimensions of her ordeal," Sandosh Kumar wrote in his letter to Jaishankar.

Meanwhile, the Supreme Court today agreed to hear the petition urging the Centre to use diplomatic channels to save the Kerala nurse facing the death sentence in Yemen. A bench comprising Justices Sudhanshu Dhulia and Joymalya Bagchi issued a notice to the Attorney General, seeking his assistance, and posted the matter for hearing on July 14, PTI reported.

Also Read | Who is Nimisha Priya? A nurse from Kerala facing death sentence in Yemen

Advocate Subhash Chandran K.R., appearing for the petitioner, argued that urgent diplomatic intervention is needed. He also suggested that under Sharia law, the payment of "blood money" to the victim's family could pave the way for a pardon, potentially saving the nurse's life.

What options and legal remedies does Nimisha Priya have now to avoid death row?1. 'Blood money'

Nimisha Priya's lawyer, Subhash Chandran, said that if the family of the victim (the Yemeni national) is ready to accept the "blood money" and pardon Nimisha Priya, "her life will be saved."

Chandran explained that Sharia law prevails in Yemen. Under Islamic law, the payment of blood money (diya) is the principal punishment for unintentional killing and culpable homicide. Diya can also be paid in murder cases in which the relatives of the victim waive their right to qiṣāṣ (retribution) and choose to receive blood money instead. Qiṣāṣ is the principal punishment for murder.

2. Indian government's intervention

The lawyer said an "immediate intervention" by the Indian government in the matter is crucial.“We need their immediate intervention. We are ready to pay the amount. We don't need a single penny from the government. We are just requesting them to facilitate the negotiation, as we are unable to travel to Yemen,” he added.

Why is Nimisha Priya sentenced to death

Priya, a nurse from Kerala, moved to Yemen in 2008 in search of better job opportunities. Her life took a tragic turn in 2017 when she was arrested after the body of a Yemeni national, Mahdi, was discovered. Currently 34, Nimisha is being held at Sanaa Central Prison in Yemen's capital.

Authorities accused her of killing Mahdi by administering an overdose of sedatives and allegedly dismembering his body. Nimisha, however, denied the charges.

In court, her defence argued that Mahdi had subjected her to repeated physical abuse, taken control of her finances, confiscated her passport, and even threatened her at gunpoint. Her lawyer claimed she only tried to sedate Mahdi to recover her passport, but the dosage unintentionally proved fatal.

Despite her defence, a Yemeni court sentenced her to death in 2020. Her family appealed to the Supreme Court of Yemen, but the verdict was upheld in 2023.

In January this year, Mahdi al-Mashat, head of the Houthi rebel group's Supreme Political Council, formally approved her execution order.

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