Trapped between Peace Diplomacy: Sufferings of Indo-Pak Prisoners

Published at: Daily imes

By: Ravi Nitesh

Diplomacy tools include goodwill agreements on policies, trades and about resolving existing conflicts between any two countries, but here for the two countries of South Asia region namely India and Pakistan, there is another tool as well, and sadly, this tool is the release of prisoners of each other in the name of humanity and goodwill. This comes to help in being a good show off of the governments. These prisoners have been made and are being utilized as objects, as mere pawns in this diplomacy game played by both the states.

We all know how hundreds of prisoners including fishermen are languishing in each others’ jails.  If we set aside the question of their sufferings and other problems, another basic question is that when these persons can be released at the time when the government wants to use them as tool of diplomacy, it means that they have the entitlement to get released even before, so why are they not released then? Even if we talk on the basis of logic, humanity and justice, it means that they do not have their rights to get released and their rights can always be superseded by a person sitting in government. The same constitution that provides rights of equality, deprive them through legalizing the decision of ‘mercy’ by a constitutional post. Though even this should be welcomed as atleast their lives can get some relief from the continuous suffering of being a prisoner in other country, but certainly this relief is their entitlement anyway and need not to be showcased only as mercy of government.  

Aaghaz-e-Dosti, an Indo-Pak Friendship initiative, has recently released a detailed list of prisoners that includes their name, place of arrest, date of arrest, present status and offence lodged against them. The importance of this list is determined by the fact that even today in the era of information technology and e-governance, the governments has not released such a detailed list on their portals. Due to non availability of this kind of detailed list from the side of government, many families may still be unknown if their relative is actually lodged behind bars and for what offence. With the available data of this list, that is comprised of Pakistani prisoners in India (List of Indian prisoners in Pakistan was told to be announced within month), some shocking facts have also been revealed. This list reflects that approx 43% of arrested fishermen (46 out of 107) are lodged in jails without registering any offence against them, while the rest 57% are under trials. Also, in the prisoners list of 278, there are 48 persons who have completed their sentence but are still lodged due to nationality confirmation awaited from high commission of Pakistan. A large number of prisoners are under trials. 

With these data, it is clear that how much psychological pressure, the state is imposing upon the foreign prisoners. Everybody knows that the situation of prisoners is not good in India or in Pakistan, but with the prisoners of each other, the case becomes extremely serious due to security threats and other issues. Examples of Sarabjit and Sanaullah are there to understand that how the jingoism and hatred makes these prisoners so vulnerable. Also apart from this, there is a need to overhaul the state machinery to facilitate these prisoners with the speedy justice. These prisoners are spread in various jails across the country, some of them are under trials since long time, few others also have no access to advocates who can fight for them. Apart from this, there are prisoners for whom sentence was awarded along with 'fine' and in case of unpaid fines, the sentence automatically gets increased with a definite term. It means that fine is actually not fine for them. How can we expect that any prisoner of India and Pakistan will be able to pay the fine? Isn't it another injustice with them? But there is reason to believe that this is not the case just because they are prisoners of India/Pakistan in each other country. It may not be any kind of rivalry, instead it seems to be reflecting the bureaucratic slowness, disinterest and insensitivity. It seems to be the case as if it would not be so, then why would the nationality confirmation from their own country, from their own high commissions and ministries take such a long time? 

There is an urgent need to become sensitive towards this issue. This sensitization needs to come from politicians and bureaucrats as well as from judicial systems.  If it can be done with a desire of human welfare, it can automatically be a turning point of diplomacy itself that will be considered as true diplomatic steps for these barred persons through providing them some sort of relief rather than playing the game on their sufferings. An urgent need of common framework for treating each other prisoners is very much required. This framework can be made through participation of civil society and government members of both sides.    

I hope that the governments will act in this field of humanity through their joint efforts.

- ravinitesh@gmail.com