Justice or Injustice?
“The Controversial Execution of an Indian Woman in UAE"
Indian Woman Executed in UAE for Alleged Infant Murder: A Complex Case Raises Questions
On February 15, 2025, Shahzadi Khan, a 33-year-old Indian national from Uttar Pradesh, was executed in Abu Dhabi after being convicted of murdering a four-month-old infant under her care. The incident has sparked a debate, with contrasting perspectives on the case.
Background of the Case
Shahzadi travelled to Abu Dhabi in December 2021, reportedly for medical treatment. Upon arrival, she was employed as a domestic worker. In August 2022, the household welcomed a newborn, and Shahzadi was assigned as the infant's caregiver. Tragically, on December 7, 2022, following routine vaccinations, the infant passed away. Shahzadi was accused of murder, leading to her arrest in February 2023 and a subsequent death sentence in July 2023.
Family's Plea and Allegations
Shahzadi's family has consistently asserted her innocence. Her father claimed that she was inadequately represented in court and was coerced into confessing under pressure. The family also highlighted that the infant’s parents declined a postmortem and waived further investigation, yet Shahzadi was still convicted.
Government's Response
The Indian Ministry of External Affairs (MEA) stated that the Indian embassy in the UAE provided all possible legal assistance to Shahzadi, including hiring a law firm for her defence and submitting mercy petitions. Despite these efforts, the UAE's highest court upheld the death sentence, and the execution was carried out in accordance with local laws.
Contrasting Perspectives
Supporting the Verdict:
- Upholding Local Laws: Some argue that the UAE's legal system operates under its own stringent laws, especially concerning the death of an infant, and that the execution was a lawful enforcement of these regulations.
Contradicting the Verdict:
- Allegations of Coercion: Critics point to the family's claims that Shahzadi was pressured into confessing and lacked adequate legal representation, suggesting that the conviction may have been unjust.
- Human Trafficking Concerns: The family's assertion that Shahzadi was deceived into domestic work under the pretence of medical treatment raises concerns about human trafficking and exploitation
The case of Shahzadi Khan’s execution in the UAE provides several key legal lessons for law students. It highlights critical areas of criminal law, human rights law, international law, labor law, and evidence law, offering insights into legal procedures, justice systems, and ethical concerns in legal practice.
1. Criminal Law & Death Penalty
- The legal definition of murder and how different jurisdictions interpret criminal intent and liability.
- Capital punishment laws vary globally; some countries enforce strict penalties, while others have abolished the death penalty.
- The burden of proof in criminal cases—whether the evidence against Shahzadi Khan was sufficient to justify the execution.
2. International Law & Consular Rights
- The role of diplomatic relations in criminal cases involving foreign nationals.
- The Vienna Convention on Consular Relations, which mandates that foreign nationals have the right to seek help from their embassy when arrested abroad.
- Extradition laws and whether diplomatic negotiations could have influenced the case.
3. Human Rights & Fair Trial Principles
- Right to legal representation—the importance of ensuring that all accused individuals receive fair and adequate legal defense.
- Due process violations—allegations of forced confessions and lack of proper legal support raise questions about human rights violations.
- The UN’s stance on fair trials and the death penalty, including concerns about wrongful executions.
4. Labor Law & Migrant Worker Rights
- Migrant worker protections—whether Shahzadi was a victim of labor exploitation.
- The Kafala system (sponsorship-based employment system) in Gulf countries and its impact on foreign domestic workers.
- Human trafficking laws, as there were allegations that Shahzadi was misled into domestic work under false pretenses.
5. Evidence Law & Use of Confessions
- The admissibility of confessions in criminal trials, especially if obtained under duress or coercion.
- The role of forensic evidence, medical reports, and autopsies in determining criminal liability.
- The standards of proof required for capital punishment, and whether this case met those requirements.
6. The Role of Advocacy & Legal Ethics
- How lawyers, NGOs, and human rights organizations can intervene in cases involving alleged injustices.
- The ethical responsibility of legal professionals to challenge unfair convictions and ensure justice.
- The importance of legal aid for vulnerable individuals, especially migrant workers who may not fully understand their legal rights.
Conclusion
The execution of Shahzadi Khan has ignited a multifaceted debate, reflecting the complexities of legal systems, the challenges faced by migrant workers, and the implications of capital punishment. As her family seeks a dignified burial and further investigation, the case underscores the need for vigilant protection of individuals working abroad and the importance of ensuring fair legal processes.
This case serves as an important study for law students to understand the complexity of international legal systems, criminal justice disparities, and human rights challenges. It also highlights the importance of legal advocacy in protecting the rights of individuals facing capital punishment.
References :
Government of Canada. (n.d.). United Arab Emirates - Criminal law system. Government of Canada. Retrieved March 4, 2025, from https://travel.gc.ca/travelling/advisories/uae/criminal-law-system
The Times of India. (2025, March 2). UP woman Shahzadi Khan, 33, executed in UAE for 4-month-old’s murder. The Times of India. Retrieved from https://timesofindia.indiatimes.com/india/up-woman-shahzadi-khan-33-executed-in-uae-for-4-month-olds-murder/articleshow/118692152.cms
Office of the High Commissioner for Human Rights (OHCHR). (2024, January). United Arab Emirates: UN experts alarmed by new charges brought against civil society figures. United Nations. Retrieved from https://www.ohchr.org/en/press-releases/2024/01/united-arab-emirates-un-experts-alarmed-new-charges-brought-against-civil
The Tribune. (2025, March 3). UP woman on death row executed in United Arab Emirates. The Tribune. Retrieved from https://www.tribuneindia.com/news/diaspora/up-woman-on-death-row-executed-in-united-arab-emirates
Post a Comment