How to Bring Back Vijay Mallya and Nirav Modi

Imagine owing ₹40,000 crores! That's the jaw-dropping amount India's top 10 Fugitive Economic Offenders (FEOs) collectively owed the country in 2023. These aren't just ordinary debtors; they are individuals who, if you cross the ₹100 crores economic offense threshold and try to evade prosecution, can land you on the ignominious FEO list.

Some prominent names on this list include Vijay Mallya, Nirav Modi, and Mehul Choksi. All three fled India when they realized they could face prosecution for various economic offenses. The Indian government has been determined to bring them back to face justice, but it hasn't been easy. In the past five years, India has declared 10 individuals as FEOs, but only four of them have been successfully extradited during the same period.

So, what makes it so challenging to bring these fugitives back from overseas?

On the surface, extraditing a criminal from a foreign country might seem straightforward, especially if there's an extradition treaty in place. However, despite having such treaties with over 40 countries, progress has been slow. The foreign countries involved need to be convinced that these fugitives are guilty of the crimes they are accused of in India. Proving this is the responsibility of Indian authorities. But that's not the only hurdle; they must also ensure that the extradited individuals won't be denied basic human rights and will receive a fair and free trial. This is where things get complicated.

When Indian authorities attempted to extradite some fugitives from the UK, they faced a common argument from the fugitives' lawyers. They claimed that India's prison conditions were subpar and could jeopardize their clients' health. Surprisingly, UK courts seemed to agree with this perspective.

For example, in 2014, a UK High Court refused to extradite Raymond Varley, a British citizen convicted of a non-economic offense in India. Their reasoning was that Varley, a senior citizen with a mental illness, could deteriorate in health if sent to India. A similar case occurred in 2017 when a UK court refused to extradite Sanjeev Chawla, a criminal guilty of match-fixing, citing the appalling conditions of Tihar Jail and the violation of his human rights. He was eventually extradited three years later, but this remains the only successful extradition from the UK since the extradition treaty was signed in 1992.

So, is it all about India's prison conditions?

That's certainly a significant factor. Indian prisons are notoriously overcrowded, with an average occupancy rate nearly 25% higher than their capacity over the past five years. Undertrials, individuals awaiting trial, account for the majority of inmates and have been increasing by an average of 5% each year, while prison capacity has barely grown by 2%.

Insufficient expenditure is another challenge. Despite yearly increases in the prison system's budget, it may not be enough. On average, India spends just ₹130 per prisoner per day, covering all expenses, including food, clothing, medicines, and vocational training. In contrast, meeting a person's basic nutritional needs alone, according to the State of Food Security and Nutrition in the World Report, costs nearly ₹180 per day.

Furthermore, there's a shortage of medical staff in prisons. In 2021, it was reported that only 59% of the allocated medical staff positions were filled in prisons, resulting in roughly 1.4 medical staff members per prison, including doctors and others. This may not be sufficient to care for inmates' health in overcrowded facilities.

So, what's the solution?

It appears that significant prison reforms are needed. To alleviate overcrowding, authorities could consider releasing certain inmates, such as undertrials or convicts over 75 years old or those with mental illnesses. Additionally, instead of traditional jail cells, such inmates could be moved to open prisons. These are not just arbitrary suggestions; they were proposed by a Parliamentary Committee on Home Affairs a few months ago.

Another approach to improve prison budgets without increasing them significantly is to repurpose colonial-era jails into tourist attractions, generating revenue. Gujarat's proposal to convert Ahmedabad's Jail Bhajiya House, an eatery run by inmates, into a restaurant cum historical gallery is a prime example. Such initiatives could help states manage expenses more efficiently.

However, better financial assistance from the government is also crucial. Surprisingly, more than ten state governments receive no funds for prison reforms, highlighting the need for systemic changes in this regard.

Until these improvements materialize, fugitives may continue to exploit concerns about India's prison conditions to avoid extradition. We can only hope for a brighter future where meaningful changes enhance the process of bringing economic offenders to justice.