INVISIBLE PEOPLE, INVISIBLE BORDERS

Every day, Pakistani fishermen venture out into the Arabian Sea, setting off on a voyage that is as much a necessity as it is a risk.

For many coastal communities, fishing is more than just a job; it is a lifeline and a legacy woven into the very fabric of their identity. Marginalised and facing limited alternatives on land, these communities depend on the sea for survival, handed down through generations as a sacred heritage. Yet, this connection comes with a heavy cost. Fishermen venture into open waters, risking arrest or worse, as they unknowingly cross invisible borders in pursuit of a livelihood.

A single miscalculation, an unseen current, or an ill-fated gust of wind can push their boats across the perilous boundary — a border known simply as the ‘zone’. Crossing it, even by accident, can ignite a cycle of despair that haunts families for generations.

With no room for error in a harsh and unforgiving environment, these fishermen live in a delicate balance between tradition and survival, where even a minor misstep can have life-altering consequences. This article sheds light on the plight of these coastal communities who, bound by their heritage and driven by necessity, find themselves entangled in the geopolitical tensions that divide our seas.

The detention of fishermen from Pakistan and India for inadvertently crossing maritime borders is a longstanding issue that underscores the complex relationship between the two countries. Fishermen frequently drift into disputed waters while pursuing their livelihoods, resulting in arrests by the coast guards of either country. The ongoing political tensions between Pakistan and India further exacerbate this humanitarian crisis.

For many coastal families in Pakistan, fishing is a way of life — until an invisible border turns it into a nightmare. When fishermen unknowingly drift across poorly marked maritime borders, they become pawns in a geopolitical quagmire, imprisoned for years in a foreign country with no contact with their families. An investigation by the Human Rights Commission of Pakistan (HRCP) uncovers the legal and procedural failures involved, and the human cost for communities

The impact of these detentions is significant and far-reaching. Fishermen are often held for extended periods under harsh conditions, with no communication allowed with their families and uncertain release dates.

The absence of these fishermen disrupts family units and local economies, intensifying poverty and social instability. Families left without a primary breadwinner endure immense mental anguish, compounding the challenges faced by already vulnerable populations.

STRANDED BETWEEN BORDERS

In a small corner of Karachi’s Machhar Colony — an informal settlement of about 800,000, primarily involved in the fisheries trade — an elderly man, Abdul, and his son, Faiz, recount a story that reflects the plight of many fishermen caught between international waters and political conflict. Inviting us to sit outside for a cooler breeze, the family arranged chairs borrowed from local vendors, a testament to the tight-knit community here.

Years ago, Abdul* and Faiz* set off on a routine fishing expedition. When sudden weather changes caused their boat to drift into Indian waters, they found themselves detained by Indian authorities. Despite carrying all necessary documentation, including boat licenses and Pakistani identity cards, they were accused of illegal entry. Abdul was detained for three years, while Faiz spent a staggering decade in detention.

During their incarceration, they were held alongside other non-Indian detainees but faced a unique plight. While fishermen from neighbouring countries such as Sri Lanka and Bangladesh were released within a matter of days, Abdul and Faiz were held for years without any communication with their family, a prolonged ordeal that tested their resilience and their ties to home.

“I felt as if our own country had forgotten us,” Faiz confides, his words tinged with both hurt and frustration.

The trauma of detention has had a lasting impact. Faiz shared a heart-wrenching account of attempting suicide during his imprisonment, driven by despair over an indefinite future. Since their release, he has struggled to regain any semblance of stability. Their ID cards were confiscated upon detention and never returned, rendering them stateless in the eyes of official authorities back home. Without these documents, Faiz has been unable to secure any other form of employment, forcing him to return to fishing — a profession that nearly cost him his freedom.

Their story also reflects broader systemic issues.

Both countries have signed and ratified several international laws designed to safeguard the right to liberty, security and communication with family during detention. Yet, these protections seem to fade amidst the geopolitical tensions between India and Pakistan. Detainees from other countries are granted timely release, while Pakistanis such as Abdul and Faiz are held without due process, enduring indefinite detention in violation of basic human rights.

Their case is not an isolated one. As per reports, there are hundreds of Pakistani fishermen detained in Indian jails. Advocacy groups have called for improved consular access and the restoration of identification documents after release, to enable such individuals to reintegrate into society.

In the meantime, Abdul and Faiz’s life remains one of survival. Abdul, now too elderly to work, relies on his son, who braves the traumatic memories of incarceration each time he sets out to sea. “I have no other choice,” Faiz says solemnly. “I must provide for my family.”

Their story is a stark reminder of the urgent need for improved cross-border detainee protections, consular access and fair treatment, irrespective of nationality. Abdul and Faiz represent countless forgotten fishermen whose rights remain lost between politics and policy.

THE HUMAN COST OF DETENTION

In Machhar Colony, a focus group discussion with the members of three other families revealed the profound impact of cross-border detentions on families affected by the arrests of their loved ones and incarcerated in India since 2019.

Family A, consisting of a mother and father, recounted the harrowing day their son left home for a fishing trip and never returned. Their world shattered when they discovered his detention through a fleeting news segment that displayed his photo in the corner of the screen.

The mother, overwhelmed by grief, depression and anxiety, often finds herself confined to bed. During the discussion, her emotions surged as she spoke about her son and the family’s plight, prompting a pause in the interview to allow her to regain her composure. The family’s financial situation deteriorated rapidly, as their son was the primary breadwinner, leaving them struggling to meet even basic needs.

Family B, represented by a woman with two children whose husband is detained in India, and Family C, represented by a woman whose uncle is yet to return, also shared their experiences of anguish and uncertainty. The emotional trauma extends to the young siblings in Family B, whose education has been interrupted due to the financial strains caused by their father’s absence.

All three families expressed frustration with the government’s response to their loved ones’ detentions. While they received their family members’ names on a consular list acknowledging their detention, no further information or support was provided. They highlighted how ongoing tensions between India and Pakistan exacerbate their situation, leading to prolonged uncertainty about their family members’ conditions and release dates.

Acknowledging the immense pain of losing a family member under such tragic circumstances, we asked the families what might ease their suffering. Their response was heartbreaking yet simple: even basic communication with their loved ones would provide some relief. A written note to reassure them of their well-being would mean a lot, they said.

The cases presented in this focus group underscore systemic failures in consular support and communication channels between India and Pakistan. While bilateral agreements exist to exchange consular lists, these lists often serve as formalities without substantive follow-up.

The families’ anguish over their loved ones’ unknown fates highlights the psychological toll of prolonged separation and the lack of information. The absence of regular updates or direct communication fosters a sense of helplessness and isolation, exacerbating their shared emotional distress.

The families’ situations raise significant concerns about upholding international legal standards and human rights. Family A’s son’s detention by Indian authorities, which the family learned of only through media reports, raises critical issues regarding the right to prompt notification of arrest or detention — a fundamental safeguard under international human rights law.

The lack of subsequent communication or updates regarding their family member’s well-being and legal status further compounds this violation, denying all three families their right to information and deepening their distress.

Furthermore, the roles of the detained son and husband as breadwinners for families A and B underscore the severe economic impact of their prolonged detention. The families are left unable to provide basic necessities or education for their younger wards. The geopolitical tensions between India and Pakistan contribute to these prolonged detentions, creating a cycle of hardship for affected families.

These circumstances emphasise the importance of adhering to national and international obligations, including the right to a fair trial, humane treatment of detainees, timely release, and effective communication with families. Such measures are essential to mitigate the human rights implications of cross-border detentions and alleviate the suffering of those caught in this humanitarian crisis.

THE WOMEN LEFT BEHIND

In another poignant interview, we spoke with Khadija* and Masooma*, two mothers whose husbands were captured together from a fishing boat and have been imprisoned in India for the past four years.

Khadija shared her struggle to support her two unmarried children, one of whom has special needs. To make ends meet, she works long hours at a local fishery, labouring 12 hours a day, seven days a week, for a meagre salary in harsh working conditions. “I do everything I can to provide for my family,” she said, her voice heavy with emotion.

Masooma cares for her household and her youngest child. Meanwhile, her three older children, all teenagers, have taken it upon themselves to contribute financially, insisting that Masooma should not have to work at the fishery.

When we asked them to recount the day their husbands went missing, a heavy silence filled the room. Both women became teary-eyed, struggling to revisit the traumatic memories even after four years. They shared a single photograph with us — an image capturing five or six men kneeling on a boat, their arms bound, gazing directly at the camera. Armed officials surrounded them, also looking into the lens.

Khadija and Masooma pointed out their respective husbands in the photo, explaining that this was the only evidence they had received regarding their husbands’ capture and imprisonment. In four long years, they had received no messages, calls or updates — only this solitary photograph.

The emotional weight of the situation became overwhelming, and we paused the interview to allow them a moment to gather their thoughts. When we inquired how they had learned of their husbands’ detainment, they revealed that the photograph had been given to them by someone who had returned home after being released from prison in India.

Since their husbands’ imprisonment, life has taken a drastic turn for the worse. The women lamented that their community, neighbours, and even their families had not provided support. Instead, they have been exploited by individuals promising to find information about their husbands in exchange for money. In their desperation, Khadija and Masooma gave cash and gifts to these opportunists, only to discover that the promises were empty.

“Even now, we continue to search for help, running from place to place,” Khadija explained, her voice trembling. Masooma said her sons had also joined the effort, scouring for anyone who might assist in securing their father’s release.

The fatigue etched on their faces was palpable as they expressed their exhaustion and despair.

“Please help us,” they implored, their voices breaking. “No one will listen to us.” Their pleas echo the silent suffering of countless families affected by cross-border detentions, highlighting the urgent need for greater attention to this humanitarian crisis.

THE LEGAL FRAMEWORK

Despite various diplomatic efforts to resolve the issue, progress has been slow. Both countries occasionally release fishermen as goodwill gestures, but these incidents highlight the urgent need for a more permanent and humane solution. The human suffering and the economic impact on fishing communities call for consistent cooperative measures to address this pressing issue.

The legal landscape governing fishermen’s arrest and detention includes domestic laws and international agreements. In India, the Maritime Zones of India Act 1981 and the Foreigners Act 1946 empower authorities to enforce maritime boundaries and detain foreign vessels for violations. Similarly, Pakistan’s legal framework comprises the Pakistan Maritime Zones Act 1996 and the Registration of Foreigners Act 1939. These laws define Pakistan’s maritime boundaries and provide for the detention and deportation of foreigners, including Indian fishermen caught trespassing.

On the international stage, both countries are signatories to several human rights conventions. For instance, the United Nations Convention on the Law of the Sea mandates that detained vessels and their crews be promptly released upon posting a reasonable bond. The International Covenant on Civil and Political Rights ensures that all individuals, including fishermen, are treated humanely and have the right to a fair trial.

Despite these frameworks, bureaucratic delays and differing interpretations of maritime boundaries often complicate the situation, leading to prolonged detentions and legal uncertainties for fishermen. Detaining individuals for years without any contact with their families has profoundly negative implications from a human rights standpoint.

THE WAY FORWARD

Addressing the humanitarian crisis surrounding the detention of fishermen necessitates a multifaceted approach that emphasises adherence to constitutional provisions and international norms within the South Asian Association for Regional Cooperation (SAARC).

By prioritising the rights of detained fishermen, we can foster a more cooperative and stable regional environment. The following recommendations aim to improve conditions for detained fishermen, promote cooperation and facilitate resolution.

1. Uphold constitutional guarantees and international norms, such as the Universal Declaration of Human Rights, the United Nations Convention on the Law of the Sea, and the International Covenant on Civil and Political Rights. This framework should ensure fair treatment, consular access and protection against discrimination, thereby preventing arbitrary arrests and enhancing legal certainty for fishermen operating in shared waters.

2. Strengthen bilateral agreements between India and Pakistan to ensure humane treatment and expedite justice for detained fishermen. This includes necessary amendments in the Agreement on Consular Access 2008, such as introducing stricter timelines for consular access and verifying prisoners’ nationalities, which would expedite their release, enhancing the current agreement’s efficacy.

3. Establish effective communication mechanisms to inform families upon the arrest of their loved ones, minimising the mental anguish that accompanies uncertainty. A standardised protocol for communication should be implemented to provide regular updates on detainees’ conditions and for direct communication between detainees and their families.

4. Formalise protocols for the immediate release and repatriation of detained fishermen and ensure their access to legal counsel.

5. Reactivate the Joint Judicial Committee to review cases and recommend speedy repatriations, involving representatives from both countries’ fisheries departments.

6. Implement buffer zones along maritime borders and joint maritime zones to help monitor fishing activities, prevent inadvertent crossing violations, and encourage collaboration in managing shared fishing grounds.

7. Initiate efforts to locate and release detainees who have completed their sentences, underscoring the commitment to human rights and timely justice.

8. Provide immediate access to mental health support for detainees and their families to help address the psychological impacts of prolonged separation and uncertainty.

9. Establish compensation frameworks for the socio-economic impacts of detention, to support affected families and help them rebuild their lives.

10. Put in place rigorous checks and balances within consular and legal processes, to ensure accountability and adherence to agreed protocols, enhancing trust and cooperation among SAARC member states.

CONCLUSION

The plight of fishermen detained across maritime borders between Pakistan and India is a pressing humanitarian issue that demands immediate action. The heart-wrenching stories of families affected by detentions highlight the devastating psychological impact of such circumstances, where uncertainty and fear overshadow daily life.

For many women in these communities, the absence of their husbands not only disrupts family structures but also thrusts them into the roles of primary breadwinners, often without adequate resources or support.

The emotional toll is profound; these families grapple with the psychological burden of not knowing their loved ones’ fate, exacerbated by the community’s indifference and the exploitation they face from unscrupulous people.

Children grow up in an atmosphere of anxiety and instability, deprived of parental guidance and support, which can have lasting effects on their well-being. The sudden shift in familial roles often forces young people to forgo their childhoods and educational opportunities to fill the void left by their absent fathers.

This situation calls for urgent, comprehensive action that goes beyond legal frameworks to address the human stories. By implementing effective communication protocols and strengthening bilateral agreements, we can alleviate some of the burdens these families face. Access to mental health support is crucial in helping them cope with the emotional fallout of prolonged separation.

The need for a multifaceted approach is clear: we must recognise the humanity of those affected by the detentions and prioritise their well-being. Every delayed communication, every moment of uncertainty, and every lost opportunity for reuniting adds to the collective trauma experienced by these families. A commitment to justice, compassion and humanitarian principles is essential to ensure that no family is left to suffer in silence.

Addressing these challenges requires a concerted effort from governments, civil society organisations and international stakeholders. By fostering a just and humane approach to cross-border detentions, we can restore dignity to those impacted and work towards a future where families can reunite and heal.

Ensuring the rights and well-being of all individuals in these distressing situations is not merely a legal obligation but a moral imperative that transcends borders.

*Name changed to protect privacy

This essay was commissioned by the Human Rights Commission of Pakistan and is based on a commissioned paper written by the authors. It has been published in Eos with permission

Tahera Hasan is a lawyer and human rights advocate. She leads the Imkaan Welfare Organisation

Maliha Najib is a programmes and strategy officer at the Imkaan Welfare Organisation