Who Is Nimisha Priya? Indian Nurse Sentenced To Death In Yemen

Premakumari, the mother of Nimisha Priya-- a Kerala nurse on death row in Yemen since 2018-- has left for the West-Asian country to negotiate her daughter's release. Premakumari, along with Samuel Jerome, a member of the Save Nimishipriya International Action Council departed for their journey to Aden from Kochi Airport on the morning of April 20. “My heart is breaking, but there is some peace from within. It’s been a long time and we struggled a lot, but at least now I can go," she told the news portal Monaroma. Nimisha Priya has been held in Yemen as an accused in the alleged murder of a Yemeni national in 2017.

As the Indian government's travel ban to war-torn Yemen complicated matters, Premakumari agreed to set Priya free through a "blood money" deal. In the absence of applicable international treaties, the court places the onus on her to submit an affidavit, affirming her willingness to travel at her own risk and responsibility, absolving the Indian government of any liability.

Background of the Case

Nimisha Priya allegedly stands accused of the murder of Talal Abdo Mahdi, a Yemeni national who met his demise in July 2017. The prosecution alleges that Priya injected Mahdi with sedatives to retrieve her passport from his possession. Unfortunately, Mahdi succumbed to an overdose, leading to grave charges against Priya.

Reports suggest that Priya, along with her colleague Hanan, a Yemeni national, went to gruesome lengths after Mahdi's death. They allegedly dismembered Mahdi's body and disposed of it in a water tank. Priya received capital punishment in 2018, while Hanan was sentenced to life imprisonment.

Blood Money Negotiations Amidst a Travel Ban

Yemen's legal system operates under Shariah law, and in such cases, a "blood money" deal becomes a potential avenue for clemency. "Blood money" refers to compensation agreed upon by the victim's family to secure the release of the convicted. However, the catch lies in the fact that, for this negotiation to transpire, Nimisha's mother must physically travel to Yemen.

Herein lies the crux of the legal challenge. A travel ban imposed by the Indian government in 2017 prevents its citizens from visiting Yemen without official permission. Recognising the gravity of the situation, the Delhi High Court intervened in November 2023, directing the Centre to relax its notification and allow Premakumari to journey to Yemen.

On April 20, 2024, Premakumari flew to Mumbai to board a special flight to Yemen at 5 p.m. The aircraft is used to transport Yemeni citizens in India for unavoidable purposes. "They will travel to the Aden International Airport in Yemen from Mumbai on April 20. From Aden, they will travel by road to Sanaa,” said Subhash Chandran K R, a lawyer who represented her in the Delhi HC.

Diplomatic Interventions

Complicating matters further, India lacks diplomatic ties with Yemen, having closed down its embassy there. The absence of any applicable international treaties in the current scenario adds layers of complexity to the mother's mission. In response to the Centre's stance, the high court has demanded Premakumari submit an affidavit acknowledging that she will undertake this perilous journey at her own risk and responsibility, absolving the Indian government of any liability.