BLOOD MONEY: POLITY

BLOOD MONEY: POLITY

NEWS: Does ‘blood money’ have a legal standing?

 

WHAT’S IN THE NEWS?

‘Blood money’ or ‘diya’ is a concept in Islamic law where compensation is paid to the victim’s family in cases of homicide or unintentional murder, often serving as a reconciliation tool. While it is practiced in several countries, India does not formally recognize it but has a comparable system in plea bargaining.

 

1. What is ‘Blood Money’?

  • Definition: Known as ‘diya’ in Islamic Sharia law, it involves monetary compensation to the victim’s family in cases of unintentional murder or homicide.
  • Purpose: Aims to alleviate the family’s suffering and compensate for potential loss of income, not to assign a monetary value to human life.
  • Alternatives: Families may forgive the perpetrator and accept ‘blood money’ instead of retribution (qisas).
  • Judicial Role: Even with ‘blood money,’ states can impose additional penalties like imprisonment or fines.

 

2. Contemporary Use of ‘Blood Money’

  • Saudi Arabia: Compensation mandated in traffic accidents; prison terms are also imposed.
  • Iran: Compensation differs by gender and religion; efforts are underway for gender equality in payments.
  • Pakistan: Integrates ‘blood money’ with retribution in its legal framework.
  • Yemen: Allows negotiated compensation agreements under judicial supervision.

 

3. India’s Stance on ‘Blood Money’

  • No Formal Provision: India lacks a legal framework for ‘blood money.’
  • Plea Bargaining: Introduced under the Criminal Law (Amendment) Act, 2005, plea bargaining allows reduced sentences for guilty pleas in non-heinous crimes (less than seven years of imprisonment).
    1. Compensation: Victims may receive financial restitution under Section 265E of the Criminal Procedure Code.
    2. Limitations: Not applicable in cases of murder, rape, or heinous offenses.

 

4. Historical Parallels to ‘Blood Money’

  • Ancient Ireland:

                                            i.            Éraic: Compensation based on crime severity.

                                          ii.            Log nEnech: Based on victim’s social status.

  • Wales:
  • Galanas: Compensation tied to social rank.
  • Germanic Tribes:
  • Wergeld: Payments for homicide or serious crimes.

 

5. Indian Cases Involving ‘Blood Money’

  • Several Indian nationals abroad have been pardoned through ‘blood money.’
  • Examples:
    1. 2019: An Indian in Kuwait’s death sentence was commuted after his family paid ‘blood money.’
    2. UAE: Pardons granted after compensation payments for serious crimes.

 

6. Conclusion

  • ‘Blood money’ acts as a mechanism for reconciliation and victim compensation in some countries.
  • However, its fairness and implementation are subjects of ongoing debate.

 

Source: https://www.thehindu.com/news/international/does-blood-money-have-a-legal-standing-explained/article69102070.ece