Barred premise allowed? 'Modi govt fails to seek release of fishermen languishing in Pak jails'

By Rajiv Shah

Are the Indian authorities or their Gujarat counterparts softening their stance toward NGOs that flag human rights concerns? I can't say for sure, as only recently the foreign funding license of one of the most prominent NGOs, Janvikas, headed by the well-known civil society leader Gagan Sethi, was canceled. This NGO has been working on livelihood issues for underprivileged sections of society for several decades.

Two days ago, I received an intimation from an organization working for the fishing community of Gujarat. Signed by Usmanghani Serashiya, it stated that representatives of the fishing community association would address a press conference, demanding the release of fisherfolk currently languishing in Pakistani jails. On closer examination, I was struck by the venue chosen for the press meet — Mehdi Nawaz Jung Hall premises.

This is the same location that, after Narendra Modi became India's Prime Minister, was barred from hosting any NGO meetings, especially those overtly or covertly critical of the new government that came to power in 2014. I recall how, in May 2015, a civil society meeting was barred from entering the hall despite obtaining formal permission. The pretext given was that the hall's management had been transferred from the Gujarat Governor's office to the Ahmedabad Municipal Corporation (AMC).

While no publicly available source mentions such a transfer, and media reports suggest that the hall and its premises remain under the control of a board of trustees of the Governor's Social Welfare Fund, I was surprised to see that, after nearly a decade, members of the fishing community were allowed to address the media at this venue.

I wondered whether the Governor or the board had begun to soften their stance toward those critical of Indian and Gujarat government policies, or if they had overlooked the credentials of those addressing the media, assuming they wouldn't criticize the authorities.

Curious, I decided to attend the press conference organized by the fishing community's association, Samast Machimar Samaj (SMS), Gujarat. Among those who first addressed the media were three women — Ramilaben, Dhamiben, and Bhartiben — whose sons and husband, respectively, were imprisoned in Pakistani jails.

Tears streaming down their faces, they pleaded with the Modi government to "do something" to secure the release of their families' sole breadwinners, who had been apprehended by Pakistani coastal guards in international waters while fishing. Since their capture, these women have been living in dire poverty, struggling to make ends meet.

The association leaders then presented data to underscore the plight of the affected families. Chagan Bamania, from Diu, a Union Territory bordering Gujarat's Saurashtra region, stated that he had made representations to Union Foreign Affairs Minister S. Jaishankar two years ago, but no progress had been made.

"Of the 217 fishermen languishing in Pakistani jails, 185 have been officially verified. Yet, the Government of India has taken no steps to approach Pakistani authorities for their release. Eight of the imprisoned fishermen have died, and we have no information about the condition of the others," he lamented.

"They use all their might to secure the release of individuals deemed important. Why not show the same resolve for the poor fishermen, most of whom are from Gujarat? Is it because they are poor?" he questioned.

Jivan Jungi, from Porbandar, was even more direct. He pointed out that 40% of Gujarat's foreign currency earnings come from the fishing community, yet the government does little to help its members. "Despite the fact that the majority of the fishing community votes for the ruling BJP, the Government of India has done nothing to assist those captured by Pakistani authorities. They seem indifferent to our community's plight."

He further noted that the India-Pakistan Judicial Committee on Prisoners, established in 2008 with four judges from each side, had not convened since October 2013. This committee, he said, was instrumental in facilitating the release and repatriation of prisoners and addressing their grievances. "Since 2014, the situation has worsened," he said.

Chagan Bamania, Jivan Jungi

Citing Section V of the bilateral consular agreement of 2008, which stipulates that both governments must release and repatriate individuals within one month of confirming their national status and completing their sentences, he added, "Neither India nor Pakistan cares to implement this agreement."

As a result, 217 Indian fishermen are in Pakistani jails, while 82 Pakistani fishermen are in Indian jails. "There is no progress toward their mutual release. This is the opposite of what happens between India and Bangladesh, where there are no fishermen in prison on either side of the border."

Usman Serashiya, the leader of the Gujarat association, criticized Modi, recalling that in 2014, he had sworn in front of a young girl from a fisherman's family that he would ensure the release of imprisoned fishermen, as they were innocent. Modi had promised to ensure that no Indian fisherman would remain in Pakistani jails. However, Serashiya said, "Things have only gone from bad to worse since then."

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