From Devyani to Italian Marine Case: India’s Brush with Diplomatic Immunity Laws

Abstract

In 2013, Indian Supreme Court restrained the Italian envoy from leaving country after Italy abandoned its undertaking for return of two marines, in alleged breach of diplomatic immunity and international obligations under Vienna Convention on Diplomatic Relations, 1961. Diplomatic immunity is a necessary evil and states need to protect diplomats and consul officers of other nations on reciprocity. However, the good has given rise to the bad. At the same time, empowering receiving state with meddling power over diplomats, ambassadors and envoys has its own share of concern. Present law clearly needs re-think with current remedies of persona no grata, waiver of immunity or maximally terminating diplomatic relations proving to be insufficient. International awareness and redressal can provide feasible solutions.