Indian fisher boys incarcerated in Pakistani prisons talk about how they were arrested and their anxiety
about their families back home
By Sheher Bano
The recent arrest of eight Pakistani fishermen by India once again highlights the perils for those whose livelihood depends on deep-sea fishing off the coastal areas of the two countries.
The eight fishermen had left their village near Thatta three days earlier. Indian security forces arrested them and confiscated their boat (“Mashallah”) along with its equipment worth lakhs of rupees.
According to sources quoted in the Pakistani press, the Indian Maritime Agency was in violation of Pakistan’s territorial waters when it made the arrests. Therein lies the problem. Out on the open seas there are no demarcations, no way of knowing, who is violating whose borders.
Indian fishermen face the same peril at the hands of Pakistan’s maritime security agencies.
“These arrests are serious human rights violations of fish workers of India and Pakistan and are tied to the game territorialism played by the two states,” says a study by the Pakistan Institute of Labour Education and Research (Piler), “State Violations of Livelihood Rights-Imprisonment of Indian and Pakistani fishermen.” The study, published in 2007, noted that Pakistan and India have over the years arrested thousands of fishermen on the charges of maritime border violations.
Such arrests, and the lengthy periods the fishermen are incarcerated on either side of the border, have a highly detrimental effect on their families -including health and education, due to the lost earning hand.
Indian fishermen arrested by Pakistan for maritime border violations mostly hail from Gujarat. The Pakistani fishermen are from areas around Karachi, Tehsil Jatti (Thatta) in Sindh and Badin in Balochistan.
Pakistan arrests Indian fishermen caught on its side of the maritime border under Section 3/9 Fisheries Act and Section 3/4 Foreign Act (Border crossing). The arrested Indian fishermen are taken to Dock Police Station, where their cases were registered and inquiries are conducted. The under-18 fishermen are sent to Juvenile Jail.
Arrested fishermen end up spending years in prison on either side of the border, in Gujarat and Sindh — Malir District jail, Landhi, Central Jail, Karachi and the Juvenile (Youthful Offenders) Jail in Karachi.
Arrested fishermen, including juveniles, end up being repatriated only during the infrequent prisoner exchanges between the two countries.Their cases come up before the courts a few times; few are actually convicted. During the infrequent hearings, say the youngsters, all they do is to sit and watch the proceedings.
“The jail authorities are very sympathetic towards us,” said a juvenile prisoner. “During the court hearing days we enjoy a feast with lavish food.”
Repatriation takes place after meetings with an Indian counselor who takes down details and confirms their identities. The last such meeting of the Indian counselor with these youth took place in April 2008.
An Indian delegation comprising four retired justices met young Indian fishermen detained at Youthful Offenders School (Bachcha Jail), as part of the Access to Prisoners Agreement between India and Pakistan in May, 2008.
Juvenile prisoners are expected to clean, wash, and iron clothes but those who are interested in studying are not given any task. Prison authorities arrange for their primary level education where they are taught English and Maths, along with skills like tailoring, welding, electrician work, embroidery. They also have access to computer courses.
Seventeen-year old Vikern, from Vanakvada, said he had to drop out of school in grade 9 to start fishing with his father. In jail, he has been able to take computer courses under the guidance of an instructor who taught him Paint, Excel and Microsoft word.
Jail authorities provide juvenile prisoners with soap, toothpaste, clothes and food. This is sometimes supplemented by donations from the Edhi Centre. The Indian juvenile prisoners say that “Jailer Sahib” gives them first pick of clothes and other goodies, before allowing Pakistani juvenile prisoners choose. The jail authorities on their part say they consider these young Indian fisherboys to be guests, whom they treat differently than other prisoners. (Interestingly, Pakistani juvenile prisoners in India also receive similar preferential treatment, as reported on these pages earlier).
Living in a big barrack, these young Indian prisoners have little or no contact with their families. Sometimes they are able to get letters across through fellow prisoners attending court hearings, if the prisoners’ relatives oblige. The jail authorities thoroughly censor all letters. Occasionally, the boys are able to speak to their families on the phone, for example when the legal aid champion Justice (retd.) Nasir Aslam Zahid or a human rights delegation visits them. A couple of years ago, an Indian ailing prisoner was sent home because he was found to be suffering from Aids.
These boys clearly miss their families and homes intensely. They are eager for news of their relatives detained in Landhi jail, and pine to see them — a wish that the authorities could easily fulfill.
Lodged together in large barracks, they are quiet, subdued, and seem fearful, not unlike rabbits on alert at a slight movement or sound. Some weep while narrating their stories, clutching on to the slim hope that providing this information to a reporter would somehow help them to be released. They expressed concern about their families, wondering how they would be managing. All were very clear about their date of arrest.
But since youth has its own natural optimism and jubilance, they also smiled while sharing happy moments with this reporter. Some joked that their complexions and personal hygiene had improved since they had started used soap, as earlier, they often couldn’t bathe for months.
Many said that the juvenile jail offered better living conditions than their own villages, where they lived harsh lives due to poverty. Yet they yearned to go home at the earliest.
“Jail has its own traumas. No matter what the facilities, the fact remains that we are not free and are in jail in a foreign land,” said one boy. “Alas! If our political leaders could see us and could spend even a month in jail, let alone years, they might be more sympathetic towards us.”
Some had dropped out of school in order to earn, while others were totally unlettered. Some wanted to educate their younger siblings and also marry off their sisters. Most of their fellow villagers depend on fishing for a livelihood, but lack of education and the easy availability of liquor contributes to men losing their hard earned money and sometime jobs (they could buy a foreign bottle for INR 50-100, and a large bottle of local liquor for INR 30).
Sattat: Sattat from, Diu, Gujrat was arrested in Nov 2007. His mother died earlier and his father was a rickshaw driver who also went fishing for a living. “We used to earn Rs. 6000. My only sister at home is waiting for me. I have been reduced to half due to concern for my family.” Suffering from rheumatoid fever when arrested, he was provided treatment in prison and recovered.
Anu: Anu, 17, was arrested in 2007, when Pakistan captured 12 Indian boats along with crew. The captain of my boat contacted Indian border forces and informed them about the arrests. “Later the two commanders talked to each other but they released only six boats along with some old men and children. The rest were of us, and the remaining six boats, were detained.”
Bhrigu: Bhrigu, 17, is the eldest of five sisters and another brother, was arrested in March 2007. He had been fishing for three years. His parents were alive but the father was often drunk and went fishing occasionally. His mother also worked in the fishing sector, earning Rs 800-900 a month, while he and his father together could bring in about Rs 9000 a month. He was concerned about his family income and hoped his maternal uncle was helping the family. “They must be going through hard times if my father is not earning. My mother has to manage the house alone,” he said. Ironically, his father has also served time in Pakistani prison, arrested by Pakistan’s Maritime Security Agency when Bhrigu was 12 years old.
Pramodan: Pramodan, 19, from Diu, Gujrat, is lodged in Malir district jail, Landhi. Arrested in 2007, he was visibly terrified at the time of this interview, about two years later. His eyes filled with tears as he narrated his story. The eldest of six siblings, he had studied till 8th grade. His father had died, and as the only bread earner of his family he brought in Rs. 2500 a month.
“I have four sisters and one 6-year old brother. Two sisters are in school, the other two are at home. When I was arrested, 10 boats were caught, of which six were released and four were confiscated. Thirty of us were arrested. The sick and old fishermen were released. My mother died about a month and a half later. I couldn’t even go to her funeral. My four sisters and brother are living alone, being looked after by our neighbours. I have told them to get Rs. 5000 loan for which we will have to pay back Rs. 10,000. I have appealed many times on these grounds but nobody listens.”
He knows that when released he will have little choice but to go back to the sea in order to earn his living.
Anu: Anu, 17, was arrested in 2007, when Pakistan captured 12 Indian boats along with crew. The captain of my boat contacted Indian border forces and informed them about the arrests. “Later the two commanders talked to each other but they released only six boats along with some old men and children. The rest were of us, and the remaining six boats, were detained.”
Nishesh: Arrested in Nov 2007, Nishesh from Vanakvada used to earn Rs. 7000 per month together with his brother. Their two sisters were in school. “Now my brother must be managing the household by himself, as our parents are old and our father is also ill,” he said. “When I was arrested I begged the border forces to let me go, as there was nobody at home to earn, but to no avail. The two commanders from both sides talked to each other and then said that they had their orders. But there are no borders marked on the sea, I didn’t know I had crossed to the Pakistan side.”
The writer conducted these interviews some months ago while recording human right abuses of prisoners in Pakistan. The names in this report have been changed for their privacy and security
