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Pak ‘Court urges India to release Pakistani fishermen on “humanitarian grounds”

Fishermen's problem is a very complex one indeed. While there is substance in the contention that fishermen, most of them illiterates, cannot be expected to be familiar with the boundary on waters which the maritime boundary is for all purposes, geo-political and strategic realities cannot be glossed over. And there can be no hard and fast rule. Evey case must be considered on its own merits but with sympathy, understanding and above all on humanitarian grounds.

It is not every day that the apex court of any country deems it fit and proper to appeal to the conscience of the government of a neighbouring country on an issue which is as much humanitarian as economic at the core. This is what the Paksitan Supreme Court did yesterday. The appeal craved "gracious indulgence of this august court for redress against the blatant negligence and inaction on the part of the respondents (Sharif government) to seek the release and repatriation of the Pakistani citizens languishing in Indian jails since as far back as 1993.

Pakistan Fisher-folk Forum (PFF) and the Pakistan Institute of Labour Education and Research (PILER), have knocked at the doors of the court through advocate Raheel Kamran Sheikh. A three-judge bench headed by Chief Justice Tassaduq Hussian Jillani heard the petitioner with attention and sympathy.  Data compiled by the Sharif government shows that there are 226 Pakistani fishermen currently in Indian jails. Some of them are held since 1993.

The fishermen made two points. One pollution was gradually lowering the water levels. The entry of big companies and foreign fishing vessels has forced the traditional fisher men to venture out into deeper waters for a better catch. Two due to limitations in navigational technology and difficulty in discerning the maritime border, many fisher people accidentally venture out often into Indian waters. And the Indian Coast Guard arrests them and detains them for due process of Indian law. Dozens of Pak fishermen have therefore been languishing in Indian jails.

In a manner of speaking, the Indian Supreme Court has set the precedent for the Pak apex court. On March 8, 2010, a division bench comprising Justice Markandey Katju and Justice R M Lodha had urged the Pakistani authorities to release Indian fishermen on humanitarian grounds.

Now the Pak Judiciary followed the same lead. While making an appeal to Indian authorities, the court advised the fishermen association to take up the issue with the Indian delegation that will visit Pakistan to attend the International Judicial Conference next week.  

The fishermen problem is not confined to India and Pakistan. It has been creating friction between India and  Sri Lanka as well for a very long time.

Fishermen’s problem is a very complex one indeed. While there is substance in the contention that fishermen, most of them illiterates, cannot be expected to be familiar with the boundary on waters which the maritime boundary is for all purposes, geo-political and strategic realities cannot be glossed over.  And there can be no hard and fast rule. Every case must be considered on its own merits but with sympathy, understanding and above all on humanitarian grounds.

– Yamaaraar

 

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