Mitigating the India-Pakistan Maritime, Humanitarian, and Environmental Adversities with respect to Sir Creek

Abstract

Sir Creek, an ecologically vital area abundant in marine life, sustains coastal communities primarily composed of fishermen whose traditional and economic ties are deep-rooted in the region. The recent surge in the river mouth industrialization along the Gujarat coast has led to heightened pollution and a rise in temperature by over four degrees Celsius in the coastal waters, directly impacting the marine ecosystem. The consequent decline in marine life in the coastal areas of Gujarat has compelled fishing communities to venture deeper into the sea, risking inadvertent trespass into the territorial waters of Pakistan. Presently, a concerning number of fishermen, 184 Indians and 81 Pakistanis, are in prisons across borders due to such incidents. These innocent fishermen get embroiled in a situation with either country continuously trying to establish territorial sovereignty. Furthermore, the prisoners on both sides face a violation of the Vienna Convention on Consular Relations, 1963, and the India-Pakistan Agreement on Consular Access, 2008. The prolonged detention and in-custody deaths of Indian and Pakistani fishermen have given rise to an acute and entirely preventable humanitarian crisis. This paper uses a qualitative methodology to delve into judicial pronouncements, statutes, international treaties, reports, and academic literature and outlines an action plan to mitigate the maritime, humanitarian, and environmental adversities plaguing Sir Creek and its surrounding region.