Both countries have a lot to share, culturally and politically. Both countries are the cradles of two great civilizations, ancient Roman civilization and The Sanatana Dharama of India. The Roman culture and religion has been forgotten a long while ago in Italy whereas the greater truths of Sanatana Dharma still exist in India.
Italian nationalist struggle and leader like Giuseppe Garibaldi greatly influenced Indian struggle for independence, especially a leader like Pt. Jawaharlal Nehru. Along with that, the present president of Indian National Congress is an Italian by birth.
Though the two countries have a lot to share, some recent developments resulted in a rupture in the mutual love and respect. The clash originated after two fishermen got killed by the Italians in Indian Ocean in February 2012. I will here discuss the arguments of Italians and try to answer from my point of view.
India has Unlawfully Detained Two Italian Sailors- Italy
India didn't detain anyone illegally, but very legally only. If the Govt of Italy just ask those two mariners, how they were being treated here, they will get answers. They were spending their time in a govt guest houses, near the Italian embassy, unlike other prisoners. We won't give any Indian prisoners special privileges during X'mas, but we gave that to the Italians. Even then you guys are criticizing Indian court proceedings. India is not Mussolini's Italy, and the place of cruel Sicilian mafia guys. Here, "separation of powers" still exists, means, the legislator or the executive will not interfere in the proceedings of the court! The Italian citizens should feel shame the way they behaved in India, without any honour. Their representative in India gave the word that the mariners will return to India, but once they reached Italy, you forget your word.
The Murder Happened In International Waters
There is, of course, a dispute between whether the act mentioned is in the international jurisdiction or in the Indian coastal side. And I accept my ignorance in the issue. But the present issue has nothing to do with this dispute. The issue is that the Supreme Court of India has been hearing the case on the present issue and the Italians were under custody. First, they requested that they need to visit their homeland for celebrating X'mas. Somehow, the Hon'ble Supreme Court agreed to let them go, which is unprecedented in the judicial history of India. They came back and had been under custody again. In the last time, they again requested the Court that they need to go back to the country for casting the vote. As India respects democratic principles a lot, the Court has agreed on this too. The Court got a ‘Word’ from the Italian Ambassador that they will come back to the country for the future proceedings and the Court asked the govt to set up a special court for the smooth proceedings. In between, the Italian govt declared that they will send the mariners back. So, it is a question of word, the honour of word, for the first case. The Wikipedia quotes on the issue, "India cited extra-territorial provisions of its own law[40] stating that irrespective of the location of the ship (whether in international or territorial waters), a crime had been committed against Indian citizens on an Indian ship and hence India had the jurisdiction to prosecute and try the case. Furthermore, India has pointed to the absence of any international treaty regarding immunity from prosecution for Vessel Protection Detachments (VPD) on board privately owned commercial ships. India has also highlighted that there exists limitations to functional sovereign immunity such as when commercial activity is involved and drew attention to the fact that the Italian Navy marines were working on a contract basis for the protection of the private interests of the ship owner and therefore could in no way be treated as a discharge of sovereign functions.[41] India has signed but not ratified the yet unimplemented United Nations Convention on Jurisdictional Immunities of States and Their Property, 2004.[42][43][44]". See this argument also, "Enrica Lexie was under its flag. Hence, in accordance with the U.N. Convention of Law of Seas (UNCLOS), Italy should try the two marines. India’s position is that St. Anthony, the fishing vessel aboard which the two fishermen were killed, was an Indian vessel; and under Indian law and the Convention for the Suppression of Unlawful Acts of Violence Against the Safety of Maritime Navigation (SUA Convention), India has jurisdiction. India and Italy are signatories to both these conventions. But while Italy needs to show exclusive jurisdiction, India only needs to show that it also has jurisdiction."
The Word
The Italian govt and their representatives are not discussing anything about the word given by the Italian ambassador. Do they think it is diplomatically or in any other way correct for him to give a false promise, and what is the impact of that? Do we Indians then consider Italians as worthy of any good qualities? As for the case, I think Italians got the best advocate and counsel in India. Harish Salve is not just a normal person to take up this issue. Now, he says, Italians insulted him. And should we think that an eminent advocate like him propagating lies. They cheated India as well as their own counsel here. It is not because of his personal merit, the court has granted his request, but because he is a representative of a Nation. By discarding the very word, Italy insulted India, for that they need to answer.
No evidence to prove that it is the Italians who killed the fishermen
They argue that there were other ships at the same time there, and the Kerala Police, without any investigation, simply went and arrested the Italians through cheating. This is one of the best jokes I have ever heard. The thing is that, the Italians don't respect India and its judicial system, a typical arrogance of the White Man. You guys still think you are the masters of the world. What about the investigations of the most celebrated Scotland Yard? I remember reading about their investigation on Bob Wolmer’s murder. The Kerala Police is much better for sure. First of all, we don't have to frame anything against anyone, but even your mariners won't say they did not fire at Indian fishermen. If we have to frame a case against Italy, there should be a reason, any enmity against them. The Italians don't know the value of human lives and thinks that you can do any atrocities against anyone. In the mean time, I have read some superb stories of the judicial system in Italy, into which they are trying those mariners. Now, I know whether we get justice!!
The whole prosecution's case will be thrown out from ANY western court as there are no strong evidences against them
It is correct, but not any court who considers the case in an independent manner. The two facts that the Italians gloriously put before are nothing but fabricated by them to hide their heinous acts. First, you argued that there is no evidence to prove that the mariners of the Italians are the ones who fired. The two affidavit submitted by the mariners in the Kerala High Court admitted that a military action was done. So, I would say the arguments mentioned are childish including the distorting of evidence. The police conducted post-mortem in the proper way. Then, they are criticizing the incineration of the bodies of the fishermen; which is part of the religious belief of the Hindus, that after death, we will incinerate the bodies. In this case, the act was done only after the proper procedures. The thing is that they won't respect Indian laws and our traditions, which will have serious repercussions, if not now, later.
Let us wait and see what will happen to the issue amidst Indian Prime Minister's warning.
Reference:
Wikipedia-
