Parl panel flags 'low success rate' in bringing back Indian prisoners

Eight Indian prisoners were transferred from foreign countries to India between 2023 and February 13 this year, according to data shared in a report by a Parliamentary panel. It asserted that the "low success rate" in bringing back Indian prisoners "calls for an assessment" of the efforts taken for it.

Citing information from the Ministry of Externa Affairs (MEA), the report said that at present, 10,152 Indian prisoners (in 86 countries) including under-trials are lodged in foreign prisons.

The report of the Committee of External Affairs, led by Congress MP Shashi Tharoor, on 'Indian Diaspora Overseas including NRIs, PIOs, OCIs and Migrant Workers: All Aspects of their Conditions and Welfare, including the Status of the Emigration Bill' was presented in Parliament on Tuesday.

 

In its report, the panel also shared data on foreign prisoners transferred from India to their native countries over the same period, whose cumulative number stood at three.

The MEA has informed the Committee that so far, 31 bilateral agreements on Transfer of Sentenced Persons (TSP) have been signed.

These countries are -- Australia, Bahrain, Bangladesh, Bosnia and Herzegovina, Brazil, Bulgaria, Cambodia, Egypt, Estonia, France, Hong Kong, Iran, Israel, Italy, Kazakhstan, Republic of Korea, Kuwait, Maldives, Mauritius, Mongolia, Qatar, Russia, Saudi Arabia, Somalia, Spain, Sri Lanka, Thailand, Turkiye, United Arab Emirates (UAE), United Kingdom and Vietnam.

India has also signed two multilateral conventions on the Transfer of Sentenced Persons, namely the Inter-American Convention on Serving Criminal Sentences Abroad and the Council of Europe Convention on Transfer of Sentenced Persons, by virtue of which sentenced persons of member States and other countries that have acceded to these conventions can seek transfer to their native countries to serve the remainder of their sentence, the MEA said.

The ministry has furnished to the panel the details of Indian and foreign prisoners transferred under TSP agreements during the last two years -- 2023 and 2024 -- and the current year, as of February 13, it said.

According to the data shared in a tabulated form -- five Indian prisoners were transferred from foreign countries to India in 2023 -- three from Iran; one from Cambodia and one from the UK; two Indian prisoners were transferred from the UK in 2025; and one Indian prisoner was transferred from Russia in 2025 (as on February 13, 2025), with a cumulative total of eight.

"The Committee finds with dismay that despite having bilateral and multilateral agreements/conventions on Transfer of Sentenced Persons which covers several countries in Middle East, Europe, North America and South America, only 8 Indian prisoners were transferred from foreign countries to India in the last three years.

"This low success rate in bringing back Indian prisoners calls for an assessment of the efforts taken in this regard," the report said.

Keeping in view the large number of prisoners languishing in foreign jails, the Committee said that it desires that the government "study the obstacles" in implementing the agreements and conventions and, if need be, amend existing agreements or create new ones to facilitate "smoother repatriation of prisoners".

The panel stressed the need to "enhance diplomatic efforts" and negotiations with other countries to streamline the process of transferring prisoners and ensuring fair treatment for Indian nationals in foreign jails.

The report also mentions the recent deportations of Indian nationals by the US.

The Committee has been informed that the responsibility of reintegration of returned Indian deportees rests with the respective state governments from where the emigrants belong, it said.

However, since involuntary returns and reintegration in countries of origin have repercussions on the human rights of migrants, the Committee are of the view that "solid reintegration programmes" are required mainly by the central government to prevent those who have already been returned do not risk their lives by undertaking dangerous journeys again, it said.

"Hence, they recommend specific and detailed re-integration programmes by the government, integrating the inputs, expertise and experience of those states which have developed ways and means to reintegrate workers returning from abroad," the report said.

In its report, the Committee of External Affairs said that it feels "sad" that despite being one of the largest emigrant populations in the world, direct involvement in India's electoral politics is "limited for our NRIs" though the right to vote is universally recognised as an important ingredient of a vibrant democracy.

"With ever-growing technological advancements and capabilities, the Committee feel that solutions like the Electronically Transmitted Postal Ballot System (ETPBS) can be looked into for extending the voting rights of NRIs.

"The Committee, therefore, urges the Ministry to vigorously pursue the matter with the Ministry of Law and Justice, the Election Commission of India and other stakeholders and come up with clear timelines for the reforms while keeping the Committee apprised of the developments in the matter," it said.

The panel also suggested that the MEA together with the Bureau of Immigration may "devise mechanisms to collect and collate reliable data on migrants and returnees on a real-time basis and apprise the Committee of the same".