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Published on Jan 22, 2025

The fishermen exchange indicates a positive direction for future India-Bangladesh relations, but the future requires a more comprehensive action plan

India-Bangladesh fishermen exchange: A diplomatic thaw

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After six months of a turbulent bilateral relationship, news of the mutual exchange of arrested fishermen between India and Bangladesh signals a positive start to the new year. Between 3 January and 5 January, 90 Bangladeshi fishermen/crew members, and two fishing vessels “FV Laila-2” and “FV Meghna-5” were repatriated to Bangladesh. In exchange, six Indian fishing boats and 95 Indian fishermen and crew members, previously detained in Bangladesh, were returned to India. The collaborative exchange was facilitated by the coast guards of the two countries, bearing diplomatic implications. Often in times of tension in bilateral ties, cooperation on humanitarian issues serves as an icebreaker for renewed engagement.

Diplomatic thaw

In recent months, a thaw has been witnessed in the ties between the two South Asian nations, following a period of strain over the past year. The Indian Foreign Secretary Vikram Misri’s visit to Bangladesh on 9 December 2024, marked the first of such diplomatic gestures. During the visit, Misri held meetings with the Chief Adviser of the Interim Government of Bangladesh, Muhammad Yunus; the Foreign Affairs Adviser, Md. Touhid Hossain and held Foreign Office Consultations with the Foreign Secretary of Bangladesh, Jashim Uddin. In addition to discussions on a wide range of issues, including cooperation in water, energy, and connectivity, the Foreign Secretary voiced “India’s willingness to build a positive and constructive relationship with Bangladesh, based on mutual trust and respect and mutual sensitivity to each other’s concerns and interests.”

The India-Bangladesh fishermen exchange has been completed, highlighting not only a possibility of a potential thaw in bilateral relations but also an area of cooperation that has been relatively overlooked in the past.

Although there has been no reciprocal visit from Dhaka yet, in a recent press interview, Bangladesh’s Army Chief, General Waker-uz-Zaman, emphasised Dhaka and New Delhi’s interdependence. Accordingly, he stated, “…we will not do anything with our neighbour that goes against their strategic interests. At the same time, we will expect that our neighbour does nothing contrary to our interests.” Against this background, the India-Bangladesh fishermen exchange has been completed, highlighting not only a possibility of a potential thaw in bilateral relations but also an area of cooperation that has been relatively overlooked in the past.

The potential concern of fishermen’s transgressions

India and Bangladesh share 54 transboundary rivers and adjacent maritime zones in the Bay of Bengal. Although the international boundary delimiting their sovereign maritime zones was demarcated in 2014, as per the verdict of the Permanent Court of Arbitration at The Hague, fishermen of both countries continue to make unlawful forays into each other’s waters. In most cases, these transgressions are for an illegal catch, perpetuating the non-traditional security concern of illegal, unreported, and unregulated (IUU) fishing. On rare occasions, fishermen may unknowingly stray into foreign waters in the absence of visible boundaries. They are also the victims of natural disasters and are often carried astray by storm surges and cyclonic winds.

India and Bangladesh share 54 transboundary rivers and adjacent maritime zones in the Bay of Bengal.

When found, these transgressing fishermen are arrested and often imprisoned under deplorable conditions for months as court cases languish, taking a toll on their livelihood as well as the welfare of their families. In this regard, it may be noted that, within a day of the fishermen’s return to India, Mamta Banerjee, the Chief Minister of West Bengal, accused Bangladesh of the mistreatment of Indian fishermen. While the interim government in Dhaka rejected her allegations as “baseless and fabricated”, her claims drew attention to this humanitarian concern.

Role of coast guards at the forefront

India and Bangladesh are not unaware of this concern. A key point here relates to the Standard Operating Procedure between these two entities for the exchange of fishermen apprehended for illegally entering each other's territorial waters. To understand this issue, one must look at the Memorandum of Understanding (MoU) for the Establishment of Collaborative Relationship to Combat Transnational Illegal Activities at Sea and Develop Regional Cooperation between the Indian Coast Guard (ICG) and the Bangladesh Coast Guard” signed in 2015. The MoU enhances cooperation in maritime safety and crime prevention through information sharing, joint patrols, training, and coordinated responses. Key areas include search and rescue, marine pollution control, regional security, fostering stability, and the sustainable management of shared maritime resources.

A key point here relates to the Standard Operating Procedure between these two entities for the exchange of fishermen apprehended for illegally entering each other's territorial waters.

Both parties have agreed that all collaborative activities must be implemented as per the laws and regulations upheld in both states. Accordingly, the sixth annual ICG-BCG High-Level Meeting was held on 3 October in New Delhi. Discussions covered mariner safety, cross-border fishing, best practices and capacity-building initiatives. In August 2024, following the ouster of Bangladesh's Sheikh Hasina government, the Indian Coast Guard increased patrolling along the International Maritime Boundary Line. The ICG official also reported the induction of two to three ships, with air cushion vessels and interceptor boats, deployed in the Sundarbans Creek to deter illegal intrusions.

Towards a comprehensive action plan

Although the issue of fishermen’s transgressions and the need for speedy repatriation has been highlighted in the MoU between the coast guards and the MoU on the blue economy (both signed in 2015), these are yet to be upgraded into agreements. As a result, there is no legal imperative for both countries to expedite the return of arrested fishermen.

The delay in transforming these MoUs into agreements can, however, be explained by two reasons. First, in both countries, the concept of blue economy is nascent and without clear policy directives. Thus, neither can venture into any bilateral commitments in this regard. Second, as cases of fishermen’s transgressions remain relatively few, urgent measures have not been employed to prevent such occurrences. Unfortunately, there is no guarantee that this status quo will prevail. At the peak of India and Bangladesh relations, these illegal forays of fishermen are mere irritants, however, during periods of strained ties, these transgressions can quickly escalate into threats. The fishermen's transgression issue between India and Sri Lanka, which was left unmitigated, threatened both human and state security, serving as a cautionary tale in this regard.


Sohini Bose is an Associate Fellow with the Strategic Studies Programme at the Observer Research Foundation, Kolkata.

Anasua Basu Ray Chaudhury is a Senior Fellow with the Neighbourhood Initiative at the Observer Research Foundation.

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Authors

Sohini Bose

Sohini Bose

Sohini Bose is an Associate Fellow at Observer Research Foundation (ORF), Kolkata with the Strategic Studies Programme. Her area of research is India’s eastern maritime ...

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Anasua Basu Ray Chaudhury

Anasua Basu Ray Chaudhury

Anasua Basu Ray Chaudhury is Senior Fellow with ORF’s Neighbourhood Initiative. She is the Editor, ORF Bangla. She specialises in regional and sub-regional cooperation in ...

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