Our ‘Nations’ - are they only ‘Territories’? Or are they also ‘People’?

…………I wondered when I met Zaahira at the Pakistan Fisher folk Forum’s (PFF) office in Ibrahim Hyderi in Pakistan. “My son is in prison for the last 14 years – in India!” she told me in desperation with tears in her eyes, hoping that we as Indians would do something about it. Pointing out the two letters that she had just received, she informed me that her son, a fisherman, was caught because he had supposedly crossed /entered Indian waters. He had been charged for trafficking narcotic drugs. Whatever be the nature of the charge, he had faced ‘life imprisonment’ because he had already spent 14 years of his youthful life in Sabarmati jail in India! Zaahira’s revelation was an eye opener for me as I probed into the reasons for such injustice.

There are hundreds of such innocent fishermen languishing in Indian and Pakistani jails awaiting trial; there are some who have even finished their trials and completed their conviction periods, such a Zaahir’a son. Then why were they in custody? And why for 14 years? I probed. My PFF friends told me that this is firstly because there is a delay in submitting lists of prisoners to each other’s countries. Secondly, what is worse is getting their nationality status verified/ confirmed from their own countries, which takes a much longer time!

Fishermen, whose daily bread depends on the daily catch, are used as objects by our respective governments who negotiate ‘exchanges’ for them. Rather than releasing them for their innocence or releasing them for having completed their sentences, they are released on an ‘exchange’ basis! This has become a number game! These fisher folk who work so hard for their catch are reduced to mere objects. Our governments/ military use them to show their power by arresting them for having crossed territories. They hold very little priority for getting their own citizens released and seem to be absolutely unconcerned! Our Governments are more concerned about their territory than they are about their people.

Fisher folk and peace activists in both India and Pakistan have taken up this issue and there have been positive negotiations. The peace network Aman ki Asha (http://www.amankiasha.com/detail_news.asp?id=261) reports that in July 2010, the number of Pakistani fishermen in Indian custody was 167, along with nearly 200 Pakistani fishing boats. At the same time, Pakistan had in its custody 547 Indian fishermen and 350 Indian fishing boats.

In response to a petition filed by the Pakistan Institute of Labour Education and Research (PILER) and the Pakistan Fisherfolk Forum (PFF), and following the Supreme Court order, the Sindh government ordered the release and repatriation of 442 arrested Indian fishermen in Pakistani prisons who had completed their sentences.

In 2010, Pakistan released 454 Indian prisoners and detained another 100; and India released 163 Pakistani prisoners and detained another 85. In 2011 (until March), Pakistan did not release any of the prisoners but arrested 32 prisoners; while India released 20 Pakistani prisoners and arrested another 56. (http://newstkr.com/2011/03/2310/ )

In spite of UN conventions such as - The UN convention on the Law of Sea (UNCLOS), 1983, the harassment and detention continues. Tahira Ali, Senior Vice Chairperson of PFF says that it is only because of the constant protests of the mobilised fisher folk that the two governments started acknowledging arrests. 

From 11^th to 25^th March 2011, a 12 member peace delegation led by veteran journalist Mr. Kuldip Nayar that included Mr. Mahesh Bhatt (Film Personality), Mr. Bhalchandra Mungekar (Member, of Parliament) Mr. Shahid Siddiqui (Editor, Nai Duniya), Mr. Jatin Desai (FOCUS), Dr. Mazher Hussain (COVA), Ms. Kamla Bhasin (SANGAT), Mr. Ramesh Yadav (FRI), Mr.Sanjay Nahar (SARHAD), Mr. Haris Kidwai (Peace Activist), Mr. Y. Laxmi Prasad (Former MP) and Mr. A. Krishna Rao (Journalist), visited Pakistan and held a dialogue with the Prime Minister of Pakistan, Mr. Yusuf Reza Gilani, Sindh Chief Minister Mr. Syed Qaim Ali Shah, Senators of various political parties, civil society activists, journalists, members of business community, and students amongst others. The issue of releasing the fishermen from prison in each other’s countries, and the revival of the India-Pakistan Judicial Committee on Prisoners were among the themes that were discussed. An India-Pakistan Judicial Committee on Prisoners consisting of four retired judges from each side has been set up to recommend steps for humane treatment and expeditious release of prisoners of the respective countries in each other’s jails.

Both India and Pakistan agreed that issues of inadvertent border crossing would be viewed sympathetically and in a focused and sensitive manner. It was agreed that by April 15, 2011 both countries would release all civilian prisoners and fishermen who have completed their sentences, whose nationality status has been confirmed by the respective governments and whose travel documents have been received. A complete list of prisoners in each others' custody will be exchanged by both sides on July 1, 2011, it was agreed.


It is time now for the governments to change their policies and resolve their tensions for which the poor fishermen on both sides continue to pay such a heavy price. Both countries must show more concern for their people rather than territories.