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India, Bangladesh to exchange fishermen in mutual release op

New Delhi: Tensions have been escalating in recent months as several Indian fishermen were arrested by Bangladesh authorities after inadvertently crossing the International Maritime Boundary Line (IMBL) into Bangladeshi waters. Similarly, Bangladeshi fishermen have faced apprehension by Indian authorities under similar circumstances. The Indian government however has prioritised the safety, security, and welfare of its fishermen, making concerted efforts to secure their release from Bangladesh custody.

On Thursday, it was announced that 95 Indian fishermen will be handed over by Bangladesh authorities to the Bangladesh Coast Guard on January 5, for subsequent transfer to the Indian Coast Guard. On the same day, 90 Bangladeshi fishermen will also be released in a mutual release and repatriation operation, to be conducted at sea between the respective Coast Guard authorities. This exchange has been arranged with a focus on the humanitarian and livelihood concerns of fishing communities on both sides, ensuring the well-being and livelihoods of those affected by these incidents.

The maritime boundary disputes between India and Bangladesh have deep historical roots, dating back to the partition of British India in 1947. The partition created ambiguities in the demarcation of land and maritime boundaries, with the Radcliffe Award failing to clearly demarcate these boundaries, leaving some areas in dispute. This has led to ongoing conflicts over territorial claims in the Bay of Bengal.

The geographical configuration of the Bay of Bengal, where the coastlines of India and Bangladesh are concave, complicates the delineation of maritime boundaries. This geographical complexity has led to differing interpretations of the United Nations Convention on the Law of the Sea (UNCLOS) provisions, particularly regarding the delimitation of the territorial sea, exclusive economic zones (EEZs), and continental shelf.

The Bay of Bengal is rich in natural resources, including fish, oil, and gas. The potential for economic gain has heightened the stakes for both countries, leading to disputes over the exploitation of these resources. For instance, in 2006, India included over 15,000 square kilometers of ocean territory claimed by Bangladesh in oil and gas blocks it had put up for bid, further escalating tensions.

Despite efforts to resolve the disputes through legal means, such as the 2014 arbitration award by the Permanent Court of Arbitration (PCA) under UNCLOS, the issues persist due to the complex nature of the disputes and the socio-economic pressures on the fishing communities. The PCA’s decision, while providing a framework for resolution, did not fully address all the concerns of both parties, leading to continued friction.

Overfishing and depletion of fish stocks in Bangladeshi waters have pushed Bangladeshi fishermen to venture into Indian waters in search of better catches. This economic pressure, coupled with poverty and the need for livelihood, compels fishermen to risk crossing the IMBL. There has been a lack of stringent enforcement of maritime boundaries by both countries, leading to frequent violations. Fishermen often inadvertently cross the IMBL due to confusion about the exact location of the boundary, especially in areas where the boundary is not clearly marked or understood. These factors collectively contribute to the ongoing maritime boundary disputes between India and Bangladesh, making it a challenging issue to resolve. The mutual release and repatriation operation is a significant step towards addressing these issues and ensuring the well-being of the fishing communities on both sides.

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