Context:
The Ministry of External Affairs (MEA) has asked Kenya to take away the diplomatic immunity of a Kenyan diplomat’s son, so he can be prosecuted for allegedly sexually assaulting a minor girl.
Indian Laws Involved in the Arrest
- Protection of Children from Sexual Offences (POCSO) Act, 2012:
- Section 10: Covers aggravated sexual assault, with stricter punishment.
- Bharatiya Nyaya Sanhita (BNS), 2023:
- Section 75(2): Deals with offenses involving the sexual exploitation of minors.
- Criminal Procedure Code (CrPC):
- Section 188: Allows prosecution of foreign nationals for offenses committed in India.
- Diplomatic Relations (Vienna Convention) Act, 1972:
- Governs the implementation of the Vienna Convention in India.
- Allows for diplomatic immunity but recognizes situations where it can be waived by the sending country.
Vienna Convention on Diplomatic Relations (1961)
- Established to: Define principles for the treatment of diplomatic representatives among countries.
- Adopted on: April 14, 1961, at the UN Conference on Diplomatic Intercourse and Immunities, Vienna.
- Aim: Foster friendly international relations and maintain effective diplomatic communication.
- India’s Ratification: Implemented through the Diplomatic Relations (Vienna Convention) Act of 1972.
Key Provisions of the Vienna Convention on Diplomatic Relations
- Diplomatic Immunity: Diplomats are exempt from certain laws and taxes in the host country.
- Applies to both criminal and civil matters, ensuring diplomats can perform their duties without fear of intimidation.
- Protection from Arrest: Diplomats cannot be arrested or detained in the host country.
- Host nation must respect and protect their person, liberty, and dignity.
- Family members residing with the diplomat also enjoy the same immunity.
- Inviolability of Diplomatic Premises: Diplomatic buildings, including embassies and consulates, cannot be entered or searched by host country authorities without permission from the sending state.
- Ensures protection of confidential diplomatic activities and documents.
- Mission Size Limits: Host country can restrict the size of foreign diplomatic missions based on national security concerns or mission requirements.
- Persona Non Grata: Host country can declare any diplomat as ‘persona non grata’ (unwelcome) at any time.
- No explanation required for expelling a diplomat from the country.
Source: Indian Express
Previous Year Question
Consider the following pairs:
International Agreement/set-up: Subject
1. Alma-Ata Declaration: Healthcare of the people
2. Hague Convention: Biological and chemical weapons
3. Talanoa Dialogue: Global climate change
4. Under2 Coalition: Child rights
Which of the pairs above is/are correctly matched?
[UPSC Civil Services Exam – 2020 Prelims]
(a) 1 and 2 only
(b) 4 only
(c) 1 and 3 only
(d) 2, 3 and 4 only
Answer: (c)
Explanation:
Hague Convention protects children and their families against the risks of illegal, irregular, premature, or ill-prepared adoptions abroad. Hence, pair 2 is not correctly matched.
Under2 Coalition is a global community of state and regional governments committed to ambitious climate action in line with the Paris Agreement. Hence, pair 4 is not correctly matched.