As India and Pakistan warmed up to each other in Thimphu, about 700 fishermen languishing in Indian and Pakistani jails for straying into the waters of either country pinned their hopes on an early return home. Among them are two 13-year-old Indian boys whose release was ordered by the Sindh High Court last week but are yet to get consular access.
These two boys from Gujarat — Jenty and Mahesh — were picked up by Pakistani maritime authorities last December along with 14 fishermen. They were booked under the Foreigners Act and the Fisheries Ordinance.
Their case was taken up by the Society for the Protection of the Rights of the Child (SPARC). In the case filed in the Sindh High Court seeking their early release, the Society made the contention that the Foreigners Act, the Passport Act and Fisheries Ordinance should not be used against juveniles as it was against the spirit of the United Nations Convention on the Rights of the Child.
And, in the eventuality of a child being booked under any other penal provision, then he/she should be given consular access at least three months ahead of completion of sentence so that repatriation can be done on the very day of release.
The case, according to SPARC, is now becoming an example of procedural delays prolonging their plight. Though the court had ordered their release last week, they are yet to get consular access as yet and are presently at the Youthful Offenders Industrial School.
As per the procedure, the jail authorities have informed the Home Department of Sindh province. The Home Department, in turn, has to inform the Interior Ministry which then passes on this information to the Foreign Office. Only when the Foreign Office formally intimates the Indian High Commission will consular access be possible, said Indian diplomats posted here.
Meanwhile, making use of the thaw in Indo-Pak relations, six civil society organisations from the two countries sent a joint letter to the two Prime Ministers on Wednesday demanding the release of the 700 fishermen despite completion of their sentences. Also, they urged the two governments to stop indiscriminate arrests of poor fishermen.
According to the letter, there are 580 Indian fishermen in Pakistani prisons and 460 of them have completed their sentences.
In India, there are about 247 Pakistani prisoners of which 150 are fishermen. Again, many of them have completed their sentences but are yet unable to return home.
