Allegations suggest that Indian jail and police officials have cremated the bodies of deceased Pakistani prisoners and fishermen without notifying Pakistan’s government or the inmates’ families. This practice directly violates standard bilateral consular protocols, which mandate that the remains of these individuals must be returned to Pakistan for traditional burial. The vast majority of Pakistani prisoners are Muslim and cremation contradicts both standard diplomatic practice and Islamic burial traditions. When a Pakistani citizen dies in custody in India, official international and domestic protocols require that the body be subjected to the necessary legal formalities, undergo a hospital post-mortem examination and ultimately be repatriated to Pakistan through diplomatic channels.
By cremating bodies inside Indian jails, India is committing what is described as the worst form of human rights violation. Ministry of Foreign Affairs spokesperson Tahir Andrabi stated that Pakistan handed over an authoritative list of 753 Pakistani prisoners detained in India, while India shared a list of 439 Pakistani prisoners. He added that Pakistan’s list was compiled through ministry records, mission inputs in New Delhi, newspaper reports, family notifications and official channels and that each case is being pursued for consular access, nationality confirmation, release and repatriation.
The Vienna Convention on Consular Relations (1963, VCCR), to which both India and Pakistan are signatories, requires under Article 37(a) that the receiving state inform the consular post without delay of the death of a national of the sending state, where the information is available. Under Article 36 of the VCCR, consular officers also have the right to visit detained nationals and protect their interests. The “India–Pakistan Bilateral Agreement on Consular Access (2008)”necessitates the regular exchange of prisoner lists on “1 January and 1 July”, the provision of consular access within three months and efforts toward the release and repatriation of prisoners, particularly after completion of their sentences.
The agreement serves as the primary bilateral mechanism governing civilian prisoners and fishermen, with prisoner lists exchanged biannually despite continuing disputes over numbers and nationality verification. Pakistan has consistently raised concerns regarding delays in consular access, inadequate notification and the welfare of its prisoners through bilateral diplomatic channels. Indian failures to notify Pakistan of prisoner deaths or the hasty local disposal of remains would be blatant violations of the obligations under the “Vienna Convention on Consular Relations” and the spirit of the “2008 Bilateral Agreement on Consular Access” and could give rise to diplomatic protests or other international legal and humanitarian mechanisms.
The reported cremation of deceased Pakistani prisoners, rather than facilitating the return of their remains to their families, has been characterized by critics as a violation of the prisoners’ final rights and religious identity. India’s hostile approach toward Pakistani prisoners reflects a blatant disregard for international law and human rights. Failing to notify families, delaying repatriations and reportedly cremating deceased Muslims instead of returning them for Islamic burials exposes a deeply vindictive policy. This persistent neglect systematically undermines bilateral protocols and basic humanitarian dignity.
—The writer is contributing columnist.
