Anyone familiar with Indian law know if it is kosher to simply let bygones be bygones as far as investigating the deaths of the two fishermen reported here? Reason I ask, the article seems to suggest that some “Environmental groups” want the authorities to drop the whole thing and leave the bodies there, and I was just wondering if such a thing was even legally possible, i.e. simply deciding not to investigate despite severity of the crime given the nature of the alleged perps?
Good question. I don’t know what the legal status is of the Sentinelese under the Indian legal system. Due to their isolation as an essentially Neolithic society and the lack of any successful contacts with them, they aren’t even aware that they’re considered part of India, nor do they have any idea what the Indian nation-state is or what modern criminal codes and law enforcement systems do.
In practical terms, I can’t see what the use would be of sending law enforcement officials to investigate the killing of the illegally (though unintentionally) trespassing fishermen in such conditions. They would simply end up either getting killed themselves or having to kill some of the Sentinelese, or both.
ISTM that the only way India could give this situation a legally unambiguous status is by sending troops to overcome the Sentinelese resistance and forcibly integrate them into Indian civil society, at least to the extent of understanding what laws and police mean. And it doesn’t appear that India wants to do that.
Yes, it’s very weird thinking of a group of people on recognized national territory in the modern world having a status more akin to dangerous protected wildlife than citizens of a state, but off the top of my head I can’t come up with any better way to deal with a completely isolated Neolithic society.
A pertinent footnote to another article:
To in any way approach the Sentinalese in a way necessary to enforce any of our concepts on them, including that of our system of justice, would almost certainly be a death sentence for many innocent people.
I can’t answer the OP’s question of legality, although I will throw my support behind the idea of just leaving the Sentineli be, and letting everyone know that the area around them is off-limits with potentially fatal consequences.
There’s a really good web site about the Andamanese and other islanders here. The Sentineli tribe is described here, and tales of contacts between the Sentineli and the outside world are here. The last link tells how the Sentineli fired arrows, and threw rocks and spears, at helicopters sent to check on them and deliver supplies after the December 26, 2004 tsunami.
Videos of the Sentineli on a beach (taken from a safe distance, of course!) are here.
[brief but total hijack]
If it is decided by the Indian governement that the Sentineli should just be left alone, one of the Sentinel Islands would make a cracking Evil Lair[sup]TM[/sup] for a supervillain, although initially establishing and fortifying the Lair would not be easy.
[Yes, I’m embarrassed to admit that this thought even crossed my mind…]
[/bbth]
Also note that India has the lowest incarceration rate in the world. They are notoriously loathe to pursue legal consequences for much of anything, especially if the case is difficult or controversial (though do watch out if you are arrested- they have no particular imperative to try you any time soon). I read about a new “jail” for criminals that was a little village that you move to with your wife and kids, and get a job in, and go about your business in. This system was being touted as a new innovation in prisons because of it’s low escape rate and little need for supervision.
Simply ignoring this case would not be entirely out of character.