When will they celebrate their Independence? Common plight of Indian and Pakistani Fishermen

India and Pakistan share many things together. One such thing is their consecutive independence day. Today I thought of addressing an issue which is vital to both the countries. No, its not Kashmir. It is something more fundamental that concerns me today.The detention of Indian and Pakistani Fishermen cross border can no longer be ignored by us.

Official Statistics

According to the Pakistan Fisherfolk Forum 159 Pakistani fishermen are detained in India on the other hand 547 Indian Fishermen have been detained in Pakistan. Moreover India has 200 Pakistani and Pakistan has about 350 Indian boats in their custody. It is a large possibility that the actual figures are much higher.

Why are the fishermen arrested?

Due to the Sir Creek border dispute between the nations, their sea borders are not clearly defined. Thus it is difficult for the fishermen to distinguish marine territories. Moreover, they have low understanding of maritime borders and protocols.

Seldom they cross the marine boundaries and have to pay huge price for it. Most of Indian fishermen who have been detained by Pakistan belong to Gujrat, Daman and Diu. The Gujrat CM Mr. Narendra Modi recently said that the Union Government is ignoring these arrests deliberately.

India shares cordial relations with Bangladeshi and Sri Lankan authorities and fishermen arrested in these countries are easily acquitted. But since India and Pakistan do not share cordial diplomatic ties, it is difficult for both the countries to protect their arrested fishermen.

Fishermen’s Plight

Most of the fishermen have been in jails for years.Their bona fide mistake costs them more than any crime they could have done. Their families are unaware of their presence. Generally a boat consists of all the fishermen from the same family. Any mistake may result in arrest of all the “earning male members” from a single family. In such situations their family suffers both emotionally and economically. The hope for return never dies but everyone is aware that the chances are negligible.

Laws and Punishment

In India illegal entrants in the country may be punished with imprisonment of 3.5 months to 5 years.

According to the Article 73 of the United Nations Convention on the Law of the Sea, arrested vessels and crew are to be promptly released “upon the posting of reasonable bond or other security” and should not result in imprisonment or corporal punishment. The nations must invoke this article to ensure the early acquittal of the marine prisoners.

What is and What can be done?

The suspicion of terrorist activities forces the marine officers to do their duty diligently. Their work needs to be admired but once it is established that the arrested are not guilty of criminal tresspass, they must be released. This can be done only with the development of diplomatic understanding between the two nations.

In past both the nations have issued declaration of fishermen releases but things have never materialized. Most of them who have completed their sentences are not released either. Both the nations believe “we would release our prisoners only when they release theirs.” This diplomatic release game treats these prisoners as pawns. They are left of the mercy of their leaders to get what they lawfully deserve.

The ones who are released are in no good shape either. Generally, they are disillusioned, ill, infirm and depressed. A young lad returns as a feeble old man with grayed hair. He fails to be with his wife and family. His children become alien to him. His parents are no longer alive to meet him. His wife lived like a married widow all throughout her life.

Moreover, even if the countries release a prisoner they never release his vessel. A boat costs Rs 5 to 6 lakhs is usually bought on installments. A fishermen has virtually no resources to afford another vessel. Most of them are poor and uneducated can neither opt another career.

Conclusion

Action is required to be taken immediately. Indian and Pakistani Supreme Courts have realized the importance of the crucial issue.

In a dispute the Union government pleaded to detain the Pakistani fishermen in jail until Pakistan releases an equal number of Indian fishermen. However SC of India rightly held otherwise and ordered release of 16 Pakistani fishermen who had served their sentence.

In Pakistan no person can be kept in jail after 3 months of completion of his/her sentence. But the government sought permission to keep Indian fishermen in jail even when they had completed their sentence. The Pakistan SC has also taking cognizance of the matter has also ordered the release of Indian fishermen.

The courts in both the countries are performing the duties of the executive. But the implementation of these orders depend totally on the will of the governments. They have ignored the plight of the fishermen for 63 years which is no longer justified. Arrest of 800 fishermen affects 800 families in India and Pakistan.

Sadly, these fishermen can never cherish independence in the same sense as we do until some diplomatic actions are taken.

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An Insight on Travel Laws in India – Do They Really Exist?

Mumbai Recovers Following Terror Attacks

India is a land of culture, diversity and tradition. Athithi Devo Bhava which means “guest is god” has been one of the ideologies of the nation. But unfortunately some people have brought disgrace to the country on the world forum. There are dozens of cases in which foreigners are harassed, raped, deceived and abused.

The government and the administration always tries to suppress the news related to ill treatment of foreigners. It is done in order to save the country from insult and global pressure. But all efforts have turned out to be futile. The perpetrators usually think that they are free to harass foreigners on following grounds a) they are alien to the country b) they are unaware of any laws c) no one recognizes them c) they carry foreign currency d) their liberal attitude.

I would like to further elaborate on the last point. It is true that the lifestyle of the west is quite different from ours but it doesn’t mean that anyone has a license to harass their ladies. People who see vulgarity and nudity would not even spare a woman in sari.

Shantaram Naik, (a congress M.P. from Goa) while commenting on alleged rape of 25-year-old Russian woman in Goa said “Rape is a heinous crime but an alleged rape of a lady who moves with strangers for days together even beyond the middle of the night is to be treated on different footings.” The statement is absolutely absurd and disgusting which holds no water.

The law definitely protects the tourists but here I would like to focus on the preventive steps that can be taken by them to avoid such harassment.

1. Try to contact a Authorized Travel Operator who would ensure your bookings at safe places.

2. Do not roam around on streets late at night.

3. Try to avoid staying at deserted guest houses or hotels.

4. Don’t go for a very cheap hotel. It may not turn out to be a safe place.

5. Try not to expose bare bodies as it might attract unnecessary attention.

6. Always take a prepaid taxi or auto.

7. If you decide to lodge a complaint inform your embassy about it as well.

The Indian Government must also take vital steps to prevent such harassment and molestation. The only law in the country which remotely concerns molestation is Section 354 of Indian Penal Code under which if a person outrages the modesty of a woman he is punished.  It is very difficult for the courts to construe what amounts to modesty of a woman. Therefore most of the times the offender is acquitted in such cases. The offender can be charged for rape under Section 375.

The government must definitely come up with the legislation to criminalize molestation and sexual harassment. The tourists must be provided with a helpline number which they can call at times of emergency. Moreover the government must discourage tourist agencies which do not have government authorization. Citizens must also take active part in preserving the image of the country.

Please find a real life incident which happened with a lady from Norway in Jaisalmer, Rajasthan. This was received by one of my friend who himself is a tour operator. I just published it so that people can read and feel how the foreigners are ill-treated in our country. I would suggest all my readers to just go through it once..

“Dear Sir/ Madam

I’m writing to you because of an unpleasant incident I hope you can help me with. I was involved in an accident during a camel- safari in Jaisalmer, Rajhastan, this week.

I was supposed to take part in a 2 days- 1 night camel- trek into the desert, but shortly after the start of the camel ride the strapping holding my seat to the camel broke and the entire contents, including myself, fell off. The accident took place because the equipment (the saddle) clearly was not in a good condition, and therefor putting the rider at risk.

The seat slid off the camels back, with me falling the same way, hitting hard ground with my lower back first and then my head. It caused enormous pain, and I could not sit up. Thankfully we had a nurse with us on the trip, and she made sure nothing was broken. I insisted on returning back to town, as the pain was too much to handle for further riding. The camel drivers wanted me to continue, obviously trying to ignore the seriousness of the situation, but I refused to do so because I did not want to put myself in any danger of worsening the injury.

An hour later I was picked up by the company’s jeep so I could return home. Upon my return I was met by an ignorant staff of owners who tried to laugh away the whole episode by claiming that this happens all the time. (Like that would make the situation better?)

As is common in Jaisalmer, it is the different hotels who also run the camel- safaris. I was surprised with the amount of resistance and denial of responsibility I was met with. Not only did the owners refuse to apologize for the incident, they also said that an equipment failure was not their responsibility at all. At one point they tried to blame the camel drivers, but I think it’s important to underline that these people treated me nothing but well, and that the full responsibility belongs to the owners of the equipment.

I had a doctor visiting the same afternoon, who confirmed that I had a slight concussion and a heavily bruised lower spine. I was very lucky, but it scares me to think what could have happened if I wasn’t. It’s a 2 meter fall, and others might not be that lucky. This episode caused some further problems.. I had to stay in bed for 3 days, luckily not longer, but this also caused a total change in my travel plans. I contacted the management and claimed a refund of the organized camel trek, which seemed more than fair as I only took part of the trek for an hour, and on top of that caused me an injury. The management still refused that this was really their responsibility, and first only wanted to refund half of the amount. After a lot of back and forth we got the whole sum returned, but only by arguing that we also had paid a lot of money during our lengthened hotel stay in terms of food and payment for our room.

All the time I was treated with ignorance, either being told that “they had fallen of many times-take a pill and you’ll be better” obviously claiming that this is not serious. Or just refusing to say that they have any responsibility for the tours they arrange, and the safety of the people they bring on these tours. This is the thing that frightens me the most; that a whole town- where not one safari company is officially registered, everyone refuses to take any responsibility for what might happen to innocent tourist when they go into the dessert on their arranged tours.

During our stay in Jaisalmer we contacted the local tourism force, who barely spoke any english, and basically said there was nothing we could do. And we also went to the local police station who said that the desert was outside their jurisdiction, and therefore they could not help us. You feel very helpless as a tourist in a place where family bonds stand stronger than the official law, and no one is willing to help.

This was not the only problem though. When I fell of I also had a Digital SLR camera on my neck, with a value of £700. When I fell, this smashed in the ground with me and the lens was broken. I found out about this after my return to the hotel, and the first thing I did was to contact my travel insurance, explaining the situation. They said that this was the responsibility of the tour arranger, as it was broken while I was in their care, due to third part responsibility. When bringing this up with the management it caused more denials of responsibility, and they actually said something in the lines of; “get your money back from your travel insurance, and be happy, this is your fault, not ours.” I tried to make them understand that they had to contact the insurance company they had for their travel company, but it soon became clear that they only had an insurance on their hotel and not the safari tours. Thereby they kept denying any responsibility, as they otherwise had to pay for this themselves.

Now I find myself in a hopeless situation. It is personally very frustrating to be handled with such ignorance,but also a total denial of all responsibility is unacceptable. They didn’t seem to care at all, and would continue running the same way, meaning that other travelers might be put in unforeseen danger. The company pointed out countless times that they did not see the point in having a third part insurance, as, according to them, any incidence should be covered by the travelers own insurance. As this is not the case, I don’t have much choice than to cover the cost of my broken lens myself.

This has been a very unpleasant episode, and it has also taken a lot of energy in a situation where I didn’t have any. I’m writing this to you mostly because I hope I can help to prevent other travelers to end up in the same situation. But also because I wonder what one should do in such a case. When neither the police, local tourist force or the tour operator wants to cooperate, who do you turn to?

Who should cover the damage of goods when its a third parts responsibility? I would be grateful for a reply if you have any suggestions to how I should handle this. I found myself in a very helpless situation, any advice on how to act in such a case would be an enormous help.

PS. I know that this might not help me any further on, but please know that I more than anything wanted to inform you about this because I hope that an awareness of the irresponsible tour arrangements in Jaisalmer might result in a safer and more regulated industry for other travelers.”

Gosh… This certainly happened in India…

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Save Tiger Campaign Gains Momentum – Please Stop Killing Our National Animal !!

Tiger skin, guns, stuffed tigers and photographs of tiger assassination were thought to be signs of bravery by the kings and British in past. But today’s commercial society is concentrating on the extraction of profit from the tiger trade.

One of the main ingredients of the traditional Chinese medicine is tiger bones. The export for this oriental medicine started in mid-1980. Moreover there is a significant demand of the tiger skins in the international market. Interestingly in India there is no domestic demand of tiger skins or bones.

The Wildlife Protection Society of India claims that the tribal are involved in the hunting of this cat. They are offered prices ranging from a dollar to fifteen depending upon the methods by them to kill the tiger. According to Wildlife Protection Society of India, 27 tigers were killed in 2007, 29 were killed in 2008 and 32 killed in 2009. From 2000-09 India has lost about 417 tigers due to poaching. The involvement of forest officers cannot be ruled out either. In 1993-94, 36 tiger skins and 667 kilos (1470 pounds) of tiger bones were seized in northern India probably they were to be exported to China.

Ingredients like parts of plants, the leaf, stem, flower, root, animals and minerals are integral parts of the traditional Chinese medicine. The Chinese demand for the use of parts of endangered animals like rhinoceros horns, seahorses and tiger bones and claws have escalated black marketing and poaching. In Asian cultures tiger is associated with potency. Thus there is huge demand for tiger penis and eyes which is presumed to cure virility. In October last year the tiger skin trade in China was exposed. The skins are used as luxury items for clothing and home decor. Officially buying and selling of body parts of animals is illegal in China. But in China the skin and other body parts of endangered animals are easily available.

Environmental Investigation Agency spokesperson Alasdair Cameron said that “We’re hoping to use the year of the tiger as a way to highlight the threats faced by the animal but traders in China are actually saying that next year is going to be great because people will want to get a piece of the tiger in the year of the tiger.” “There could actually be a spike in demand.”

Under the Wild Life (Protection) Act, 1972, a maximum sentence of three years imprisonment or a fine (up to Rs. 25,000) or both. The act specifies that killing endangered animals may result in an imprisonment of seven years. Animals like Black buck None can deny that there is a need for strict implementation of anti-poaching laws. The ministry is now planning to amend the present Act. It has decided to involve local people (forest residents) to assist in the protection of wildlife.

The cooperation of Bhils has already proved instrumental in saving the Black Bucks. The ministry is also relocating families residing in the core areas of tiger reserves. It would be done with their prior consent. They would be duly compensated for the same. The Environment and Forest Ministry of India along with the Supreme Court have released the CAMPA fund that will aid in the regeneration, conservation and preservation of the forests. The establishment of a Green Tribunal is also on cards. It would work as a special environment court in which cases related to environment and forests would be tried. Increasing forest area by afforestation is also a part of the proposal. A tri-partite Memorandum of Agreement(MoU) between the Ministry of Environment and Forests, Tiger Reserve Management and State governments may be signed. It would definitely ensure effective tiger conservation.

Tiger is our national animal. We take pride in associating ourselves with it. But the present statistics reveal that we will soon lose the big cat. Probably then animals like donkey, rat, cats or dogs would be chosen to represent India. It is a disgrace us that we are unable to protect our national pride. I agree that the masses are unaware of the happenings in forest but they can certainly pressurize government to take some action. The amendment would surely help in preservation of the wildlife. But its implementation would surely be a concern.

We require an efficient vigilant authority which would monitor the effective functioning of the forest agencies. Let’s do every little thing to save our national animal. I seriously don’t want rat to represent the country just because it can produce up to 29,000 or more a year. Let’s make tiger the survivor and not a souvenir to the nation.

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