Does ‘blood money’ have a legal standing?
(Source – The Hindu, International Edition – Page No. – 10)
| Topic: GS1 – Indian Society |
| Context |
| ●The article discusses the concept of ‘blood money’ in Islamic law, explaining its use in various countries and its role in crime compensation.
●It also explores India’s legal stance, historical parallels, and recent instances of its application. |
| What is ‘Blood Money’? |
| ●‘Blood money’, also known as ‘diya’, is a concept under Islamic Sharia law.
●It involves paying a specified sum of money to the victim or their family in cases of unintentional murder or homicide. ●The goal is not to value human life but to alleviate the suffering of the victim’s family and cover their potential loss of income. ●If the family of the victim forgives the perpetrator, they may choose to accept ‘blood money’ instead of retribution (qisas). ●Even if ‘blood money’ is accepted, the community and state may still impose punishments, including fines. |
Contemporary Use of ‘Blood Money’
- Several Islamic countries follow ‘blood money’ laws, with variations in how compensation is calculated.
- In Saudi Arabia, for example, ‘blood money’ is mandated in traffic accidents, and a prison term is also imposed on the perpetrator.
- ‘Blood money’ laws in Saudi Arabia, Iran, and Pakistan differ by gender, religion, and nationality.
- In Iran, a woman’s compensation is half that of a man’s, though there have been efforts to equalize it.
- Pakistan incorporates ‘blood money’ and retribution in its legal system.
- Yemen also allows the parties to reach a compensation agreement, with judicial oversight.
India’s Stand on ‘Blood Money’
- India does not have a formal legal provision for ‘blood money’.
- However, India has a similar concept known as ‘plea bargaining’, introduced by the Criminal Law (Amendment) Act, 2005.
- Plea bargaining allows the accused to plead guilty in exchange for a reduced sentence or fewer charges.
- Unlike ‘blood money’, plea bargaining has limitations; it only applies to offenses punishable with less than seven years of imprisonment and cannot be used in heinous crimes like murder or rape.
- In plea bargaining, victims may receive compensation, similar to ‘blood money’, under Section 265E of the Criminal Procedure Code.
| Historical Practices Similar to ‘Blood Money’ |
| ●Similar practices to ‘blood money’ have existed in many cultures.
●In ancient Ireland, the Brehon law included ‘Éraic’ (body price) and ‘Log nEnech’ (honor price), which provided compensation based on the severity of the crime and the social status of the victim. ●Welsh laws also had a similar compensation system called ‘Galanas’, where the amount depended on the victim’s social rank. ●The Germanic ‘Wergeld’ also involved compensating the family of the victim in cases of homicide or serious crimes. |
Indian Cases Involving ‘Blood Money’
- Several Indian nationals have been pardoned through ‘blood money’ in the past.
- In 2019, the death sentence of an Indian in Kuwait was commuted to life imprisonment after his family paid ‘blood money’.
- Other Indian nationals in the UAE were pardoned after paying ‘blood money’ for serious crimes.
- In the current case, efforts are underway to see if a death sentence can be commuted through ‘blood money’.
Conclusion
- ‘Blood money’ serves as a tool for reconciliation in certain legal systems, aiming to compensate victims’ families.
- It remains a contentious issue, with debates on its fairness and implementation across different countries.
| Practice Question: Discuss the concept of ‘blood money’ under Islamic law and compare it with India’s plea bargaining system. (150 Words /10 marks) |
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