Lok Sabha Question No. 645 (UNSTARRED), answered on 2015-12-02
Subject: Indian Fishermen in Foreign Jails
Ministry: EXTERNAL AFFAIRS
Asked by: RAGHAV LAKHANPAL, SONA RAM CHOUDHARY, GOPALAKRISHNAN CHINNARAJ, KRISHNAN NARAYANASAMY RAMACHANDRAN, VISHNU DAYAL RAM, T.G. VENKATESH BABU, JOSE K. MANI, MAHEISH GIRRI, JAYSHREEBEN  PATEL, A. ARUNMOZHITHEVAN, ELUMALAI VELLAIGOUNDER, RODMAL NAGAR, BALASUBRAMANIAM SENGUTTUVAN, VINOD CHAVDA, DIPSINH SHANKARSINH RATHOD, DALPAT SINGH PARASTE

## GOVERNMENT OF INDIA

## MINISTRY OF EXTERAL AFFAIRS

## LOK SABHA UNSTARRED QUESTION NO.645

## TO BE ANSWERED ON 02.12.2015

## INDIAN FISHERMEN IN FOREIGN JAILS

## 645. SHRI RAGHAV LAKHANPAL:

COL. SONARAM CHOUDHARY:

DR. C. GOPALAKRISHNAN:

SHRI K.N. RAMACHANDRAN:

SHRI VISHNU DAYAL RAM:

SHRI VENKATESH BABU T.G.:

SHRI JOSE K. MANI:

SHRI MAHEISH GIRRI:

SHRIMATI JAYSHREEBEN PATEL:

SHRI A. ARUNMOZHITHEVAN:

SHRI ELUMALAI V.:

SHRI NAGAR RODMAL:

SHRI B. SENGUTTUVAN:

SHRI VINOD LAKHAMASHI CHAVDA:

SHRI D.S. RATHOD:

SHRI DALPAT SINGH PARASTE:

Will the Minister of EXTERNAL AFFAIRS be pleased to state:

- (a)      the  total  number  of  Indians  including  fishermen  lodged  in  foreign  jails  at present,  country-wise,  particularly  in  Pakistan  and  other  neighbouring countries;
- (b)     whether attacks on Indian fishermen by Pakistan and Sri Lankan Navy is on the rise and if so, the details along with the number of fishermen and boats seized by these countries during the last one year;
- (c)     the total number of Indians and boats released by Pakistan and Sri Lanka during the last one year; and
- (d)       the  steps  taken  to  get  all  the  prisoners  including  fishermen,  soldiers, civilians, etc. and their boats released from these countries along with the intervention of International fora, if any, availed for the purpose?

## ANSWER

## THE MINISTER OF STATE IN THE MINISTRY OF EXTERNAL AFFAIRS [GEN. (DR) V. K. SINGH (RETD)]

- (a) As per information available with this Ministry, there are 240 prisoners in Pakistani jails who are believed to be Indians, out of which 192 are fishermen.  In addition, 74 missing Indian defence personnel are also believed to be in Pakistan,

but this has not been acknowledged so far by Pakistan. 61 Indian prisoners are in Sri Lankan jails, out of which 33 are fishermen. A detailed country-wise list showing the total number of Indian prisoners, including fishermen, in jails in foreign countries, is placed at Annexure. (b)  &  (c)  According  to  information  available  with  this  Ministry,  313  fishermen, believed to be Indian fishermen, were apprehended by Pakistan over the past one year. Out of these, 276 Indian fishermen have been released by Pakistan. In Sri Lanka, in the past one year, 400 Indian fishermen were arrested. Due to the Government's steadfast efforts, 367 of these fishermen have been released and  repatriated.  In  the  same  period,  a  total  of  64  boats  were  detained,  out  of which 8 have already been released and 56 still remain in the custody of the Sri Lankan authorities. (d) After  confirmation  of  the  Indian  nationality  of  the  person,  our  Missions make  all  possible  efforts  with  the  foreign  Governments  to  provide  necessary assistance to Indians imprisoned in jails, which include requesting local authorities  for  speedy  trials,  seeking  remission  of  sentences,  providing  advice and guidance in legal and other matters, ensuring fair and humane treatment in foreign  jails  and  repatriation  to  India  of  those  who  are  released.  In  some countries,  our  Missions  also  request  the  local  Government  to  grant  amnesty  to the arrested or convicted Indians.  As per information available from the Ministry of Home Affairs, we have operational agreements with 35 countries for transfer of sentenced persons. The  Government  attaches  the  highest  priority  to  the  safety,  security  and welfare  of  Indian  fishermen.  Our  Missions  and  Posts  regularly  seek  consular access to Indian fishermen detained in foreign countries, ensure their welfare and also pursue their early release and repatriation, along with their boats. Given the humanitarian and livelihood dimensions of this issue, the Government has put in place  several  bilateral  mechanisms  to  ensure  cooperation  and  understanding between India and the countries concerned, to promote the safety and security of Indian fishermen. In  case  of  Pakistan,  we  have  a  bilateral  Agreement  on  Consular  Access, signed in May 2008.  The India-Pakistan Joint Judicial Committee, consisting of retired  judges  from  both  countries,  visit  jails  in  both  countries,  to  review  the situation of prisoners, including fishermen, on both sides. In  the  case  of  Sri  Lanka,  our  Mission  works  closely  with  the  Sri  Lankan Ministry  of  Defence,  the  Attorney  General's  Office  and  the  law  enforcement agencies  concerned,  to  secure  the  release  and  repatriation  of  our  fishermen. There is a Joint Working Group on Fisheries and a Joint Committee on Fisheries, which  take  up  fishermen's  issues  for  resolution  on  basis  of  the  bilateral Understanding on Practical Arrangements of October 2008.  In addition, talks are held from time to time between Fishermen's Associations in India and Sri Lanka.

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## List of Indian Prisoners (including fishermen)

|   Sl. No. | Names of Country                           |   Total number of Indians including fishermen lodged in foreign jails | Number of Indian fishermen in foreign jails   |
|-----------|--------------------------------------------|-----------------------------------------------------------------------|-----------------------------------------------|
|         1 | Australia                                  |                                                                    51 | Nil                                           |
|         2 | Armenia                                    |                                                                     2 | Nil                                           |
|         3 | Azerbaijan                                 |                                                                     1 | Nil                                           |
|         4 | Bahrain                                    |                                                                   114 | Nil                                           |
|         5 | Bangladesh                                 |                                                                   310 | 178                                           |
|         6 | Belgium &Luxembourg*                       |                                                                    21 | Nil                                           |
|         7 | Bhutan                                     |                                                                    44 | Nil                                           |
|         8 | Brunei                                     |                                                                     2 | Nil                                           |
|         9 | Cambodia                                   |                                                                     2 | Nil                                           |
|        10 | Canada                                     |                                                                    69 | Nil                                           |
|        11 | China                                      |                                                                    19 | Nil                                           |
|        12 | Colombia &Equador*                         |                                                                     5 | Nil                                           |
|        13 | Cuba                                       |                                                                     1 | Nil                                           |
|        14 | Cyprus                                     |                                                                     5 | Nil                                           |
|        15 | Denmark                                    |                                                                    21 | Nil                                           |
|        16 | Egypt                                      |                                                                     8 | Nil                                           |
|        17 | Fiji                                       |                                                                     2 | Nil                                           |
|        18 | France                                     |                                                                    46 | Nil                                           |
|        19 | Germany                                    |                                                                     1 | Nil                                           |
|        20 | Ghana, Burkino Faso*, Sierra Leone* &Togo* |                                                                     7 | Nil                                           |
|        21 | Greece                                     |                                                                    40 | Nil                                           |
|        22 | Indonesia, Timor Leste/East Timor*         |                                                                    23 | Nil                                           |
|        23 | Iran                                       |                                                                    24 | Nil                                           |
|        24 | Iraq                                       |                                                                     9 | Nil                                           |
|        25 | Ireland                                    |                                                                     1 | Nil                                           |
|        26 | Italy                                      |                                                                   145 | Nil                                           |
|        27 | Japan                                      |                                                                     7 | Nil                                           |
|        28 | Jordan                                     |                                                                     2 | Nil                                           |
|        29 | Kenya, Eritrea* &                          |                                                                     6 | Nil                                           |
|        30 | Korea (Republic of)                        |                                                                     1 | Nil                                           |
|        31 | Kuwait                                     |                                                                   334 | Nil                                           |
|        32 | Kyrgyzstan                                 |                                                                     1 | Nil                                           |
|        33 | Lebanon                                    |                                                                     8 | Nil                                           |
|        34 | Madagascar                                 |                                                                     2 | Nil                                           |
|        35 | Maldives                                   |                                                                     9 | N.A.                                          |
|        36 | Malaysia                                   |                                                                   308 | Nil                                           |
|        37 | Mauritius                                  |                                                                    11 | Nil                                           |
|        38 | Mexico                                     |                                                                     1 | Nil                                           |
|        39 | Morocco                                    |                                                                     1 | Nil                                           |
|        40 | Myanmar                                    |                                                                    63 | N.A.                                          |
|        41 | Nepal                                      |                                                                   996 | Nil                                           |
|        42 | New Zealand, Samoa* & Niue*                |                                                                     8 | Nil                                           |

## Annexure

| 43   | Nigeria, Benin*, Chad* & Cameroon*                            |   14 | Nil   |
|------|---------------------------------------------------------------|------|-------|
| 44   | Norwary                                                       |    1 | Nil   |
| 45   | Oman                                                          |   99 | Nil   |
| 46   | Panama, Nicaragua*, Costa Rica*                               |    2 | Nil   |
| 47   | Pakistan                                                      |  314 | 192   |
| 48   | Philippines, Palau*& Marshall Islands*                        |    6 | Nil   |
| 49   | Poland &Lithuania*                                            |    2 | Nil   |
| 50   | Portugal                                                      |    4 | Nil   |
| 51   | Qatar                                                         |  105 | Nil   |
| 52   | Romania, Albania*& Moldova*                                   |    1 | Nil   |
| 53   | Russian Federation                                            |    5 | Nil   |
| 54   | Saudi Arabia                                                  | 1386 | Nil   |
| 55   | Senegal, Fuinea Bissau*, The Gambia* &Cabo Verde*             |    1 | Nil   |
| 56   | South Africa                                                  |   14 | Nil   |
| 57   | Seychelles                                                    |   35 | Nil   |
| 58   | Singapore                                                     |  110 | Nil   |
| 59   | Slovak Republic                                               |    1 | Nil   |
| 60   | Spain                                                         |   45 | Nil   |
| 61   | Sri Lanka                                                     |   61 | 33    |
| 62   | Suriname, Barbados*, St. Lucia*, St. Vincent &The Grenadines* |    3 | Nil   |
| 63   | Switzerland                                                   |    6 | Nil   |
| 64   | Syria                                                         |    1 | Nil   |
| 65   | Tanzania                                                      |    1 | Nil   |
| 66   | Thailand                                                      |   65 | Nil   |
| 67   | United Arab Emirates                                          | 1069 | Nil   |
| 68   | United Kingdom                                                |  485 | Nil   |
| 69   | United States of America                                      |  178 | Nil   |
| 70   | Yemen                                                         |    3 | Nil   |
| 71   | Zambia                                                        |    1 | Nil   |
|      | Total                                                         | 6749 |       |

N.A. denotes figures not available on number of fishermen in foreign jails

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