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Abstract

This paper seeks to document existing problems with the problems Foreign National Prisoners (FNPs) face in prison. Even though there is dispute about how many FNPs are actually serving their sentence, the common thread is that all of them face the brunt of the criminal justice system. They are cut off from their families and home countries, have delays in repatriation, and suffer extreme hardships due to the indifference of embassy officials. Many of such officials are unaware of existing transfer agreements between the imprisoning and home countries. To ease the existing legislative framework, the paper suggests solutions to distinct issues that prevent FNPs from being repatriated to their home countries. The paper concludes by calling for a review of the Foreigners Act, 1948 which draws no distinction between the different types of migrants and permits extended periods of incarceration for such persons.

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