India’s Strategy to Bring Back Fugitive Criminals

Context

India has successfully repatriated 274 fugitives from justice from 36 countries under an intelligence-driven, technology-enabled and coordinated efforts strategy since 2019 through the Ministry of Home Affairs (MHA), the Ministry said.

Key Highlights

• India has succeeded in repatriating 274 fugitive criminals from 36 countries during the period 2019-2026, the Ministry of Home Affairs (MHA) said on Tuesday.
• The government has said that it has made this progress with the help of a combined approach of integrated intelligence, technology and diplomacy.
• The Fugitive Economic Offenders Act, 2018, BHARATPOL, Operation Trishul, and improved cooperation with other countries have greatly bolstered India’s extradition efforts.

Background

• Improved Extradition Performance

  • Since 2019, India has repatriated 274 fugitives from justice from 36 countries.
  • Extradition has been made a top priority for the government’s national security agenda.
  • The return of wanted offenders has speeded up thanks to increased international cooperation.

• Fugitive Economic Offenders Act, 2018

  • The Act was passed so that economic offenders who flee abroad could be more effectively pursued.
  • Key provisions include:
    • Fugitive Economic Offenders (FEO) declaration.
    • Seizure of foreign and domestic goods associated with economic crimes.
    • Prevention of the offenders from escaping Indian courts and remaining outside.
    • Deterrent to financial crimes and economic fraud.

Technology-Driven Initiatives

• BHARATPOL

  • BHARATPOL is a national platform that enables law enforcement bodies of India and INTERPOL to connect.
  • Key features:
    • Reaches out to more than 1400 agencies in India.
    • Shortens international information sharing time from several weeks to 3-10 days.
    • Improves liaison with International law enforcement.
    • Enhances the monitoring and arrest of absconders.

• Operation Trishul

  • Operation Trishul has advanced technology to track fugitives abroad.
  • It includes:
    • Satellite-based monitoring.
    • Digital footprint analysis.
    • Geolocation technologies.
    • Identifying persons even in the event of name changes or forged identities.

Strengthened International Cooperation

• The Union Home Minister has outlined India’s strategy of a three-pronged approach:
• Global Outreach
  • Expanding extradition treaties.
  • Building up Mutual Legal Assistance Treaties (MLATs).
  • Building cooperation with foreign governments.
• Strong Coordination
  • Improved cooperation between central agencies.
  • Improved information sharing with international organizations.
  • Improved legal and diplomatic mechanisms.
• Smart Diplomacy
  • Active diplomacy in the quest for extradition.
  • Bilateral negotiations.
  • More applications of international instruments of law.

Role of INTERPOL

• Large number of new INTERPOL Red Corner Notices (RCNs).
• Warrants issued for 401 criminals at large.
• RCNs help member countries to identify and temporarily detain wanted persons awaiting extradition.

Significance

• National Security
  • Fortifies services against the use of a foreign jurisdiction as a safer haven for fugitives.
  • Enhances India’s internal security framework.
• Economic Stability
  • Improves accountability of financial crimes.
  • Safeguards public funds and investor interest.
  • Discourages economic offenders from leaving India.
• Rule of Law
  • Reinforces judicial processes.
  • Helps offenders be held accountable.
  • Builds citizen confidence in governance.
• International Cooperation
  • Shows India becoming increasingly influential in the field of diplomacy.
  • Enhances international coordination in combating transnational crime.
  • Works to combat money laundering and organised crime on an international level.

Challenges

• Long and complicated extradition process in foreign jurisdictions.
• Lack of extradition agreements with several countries.
• Foreign courts raise issues of human rights.
• Fugitives seek refuge in political asylum.
• Inter-agency and multi-jurisdictional financial investigations.
• Variations in legal requirements from state to state.

Way Forward

• Broaden treaties for extradition with other countries.
• Improve and finalize Mutual Legal Assistance Treaties (MLATs).
• Improve digital intelligence and cyber-forensics skills.
• Enhance inter-agency coordination and judicial cooperation.
• Increase capacity building in international criminal investigations.
• Further harness the potential of AI, satellite and digital surveillance within the law.
• Foster international co-operation in the fight against financial crimes, money laundering and transnational organised crime.

Source: The NewsonAIR

Mains PYQ

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