The art of trespassing

Published January 16, 2012

The Partition of 1947 resulted in the formation of two separate countries – countries which have much more in common than is fathomable. Their problems, joys, festivals, traditions and cultural constituencies remain interwoven to this very day and ironically so does the ‘thinking’. I wonder what motivates us all to think so similarly.

There is a connection between Indians and Pakistanis that is too strong to be disconnected which is why every time the so-called peace dialogues are ‘re-initiated’, we feel thoroughly optimistic about reigniting the spark of love and congeniality that is inextinguishable on both sides.

On January 7, 2012, 179 Indian fishermen were released from the Malir Jail, who were apparently convicted of ‘trespassing’ the coastal border, which has no clear demarcation to begin with. Freedom for Indians in Pakistani custody is an encouraging move for the peace process which came to an abrupt halt after the appalling Mumbai attacks.

It will not be unwisely to say that the disruption in the peace process has repercussions and adds to the plight of the citizens of both the countries. The ‘rekindling’ of the peace process is a moment of respite for the convicts serving their respective terms in prisons whereas the discontinuation of peace talks marks longer tenures in custody.

Abdul Majeed Motani, a fisherman representing Pakistan Fisher folk Forum, has served a sentence of over four months in Indian prison and narrated his experience saying, “I was arrested on the unfortunate day of January 12, 1988, by Indian coast guards. Five boats, including 66 men, were arrested for trespassing the nonexistent coastal borderline. We were taken to Jamnagar jail in Gujarat where we lived for about 17 days and then were sent to another penitentiary called Porbandar jail.”

“It has become more of a competition now. If Pakistanis arrest Indian fishermen then Indians will also do the same the very next day and vice versa. The strenuous political issues naturally add fuel to the fire and create problems.” Motani added.

For all of those who do not know this I must reiterate that fishing is a seasonal business and many people engaged in such piscicultural professions are subjected to live life below the poverty line. Their life’s aim is literally to acquire bare necessities on a day to day basis, during the course of the fishing season, which lasts for three months at a stretch. The next three months are spent buying necessary items on credit, which is then paid off once the fishing season commences again. And the cycle goes on.

It would not be incorrect to state that fishermen communities generally suffer from ‘hand-to-mouth syndrome’. Keeping this problem in consideration, the predicaments faced by the families of arrested fishermen are momentous.

When Motani was arrested, he left behind a wife and four children, who were all under the age of 12. “I lived in a joint family system and even then it was very difficult for my family to make ends meet. Moreover, my wife now suffers from paranoia and is afraid to let me or our sons go fishing.”

Till 1996 the general modus operandi was to return the boats to fishermen at the time of their departure from the penitentiary. However, the situation has changed drastically ever since. Now the confiscated boats are ‘looted’ signifying that the fuel, fish, fishing nets and other important items are stolen and the boats are left to drift away on the shore. The agencies on both sides have turned this into a lucrative business and no one knows who the recipients of these ‘benefits’ are.

According to the Human Rights Commission of Pakistan (HRCP) currently 480 Indian boats are lying in ruin in Pakistan’s custody and 280 Pakistani boats are depreciating in India, hence these fishermen who are already trapped in the vicious cycle of poverty are further deprived of the means to obtain a livelihood.

Bilateral talks have resulted in nothing substantial and this problem is frequently under discussion in New Delhi and Islamabad but unfortunately all rounds of talks are merely an exercise in futility.

The confusion in terms of direction and the fact that the ‘Sir Creek issue’ does not cease to continue are some of the massive issues faced by fishermen residing on both sides. The peace process results in the so-called ‘freedom’ of these poor fishermen, however, the disruption brings about a rise in the rate of arrests made on a whim.

This problem has been highlighted by many people over the decades. Various organisations are actively working to bring an end to the injustices faced by the Indian and Pakistani fishermen – who, by far are amongst the most affected victims of the ‘foaming’ and ‘subsiding’ tensions between both the countries.

The leadership from both the countries should sit together and draft a bill to facilitate fishermen and regulate the coastal border patrol. Moreover, the most important issue that must be discussed in the talks should focus on the ‘tit for tat’ aspect of arresting and convicting these fishermen, ignited by the mounting/dismounting tensions between India and Pakistan. The other area of focus should emphasise the ‘agents’ who have made these arrests a business. Without implementing rules to safeguard the interests of Indian and Pakistani fishermen, peace simply cannot be attained.

The amendment must be initiated from ground level and should work its way to the top. By undermining and neglecting the hardcore issues, holistic solutions covering all aspects to enhance the relations of neighbouring allies will continue to be a dream – one almost impossible to realise.

 

The writer is a Reporter at Dawn.com

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