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claiming Sir Creek, one of the five main creeks in the area, as its own, thereby turning this geography into a “disputed“ zone -this is the only border except Kashmir where lines on the maps differ from the actual demarcation on the ground.

Vigil by the Creek

After the 2611 attack -when Pakistani terrorists seized an Indian fishing boat not far from the creek area to venture into Mumbai -the strategic importance of the creeks has increased manifold. After the recent surgical strikes, there is a suspicion that Pakistani terrorists in the garb of fishermen, perhaps with covert support of their armed forces, might use a creek to stealthily enter the mainland of Gujarat. The city of Bhuj, for example, is about 160 km from the border and there are localities like Dayapar, Narayan Sarovar and Lakhpat that fall within 75 km of the border.

The BSF has not been taking any chances after the surgical strikes. On October 5, a week after the strikes, a single-engine, wooden fishing boat with nine Pakistani men was captured in Chauhan Nala, well in the Indian waters near border pillar G-43. Indian forces have seized 14 Pakistani fishing boats since January 2016, and many of the Pakistani “fishermen“ are in Indian jails.

“Now we have become much more vigilant. After all, there are thousands of fishing boats in the sea close to the IMBL (International Maritime Boundary Line), and they are not very far from the creeks. On the face of it, they seem to be fishermen, but you never know. They may have a different motive. Terrorists may enter in the garb of fishermen,“ says Ajay Kumar Tomar, BSF's inspector general of police and head of Gujarat frontier.

Tomar makes it clear that his forces on the ground don't acknowledge Pakistan's claim over Sir Creek, an issue which Islamabad took to the United Nations in the 1960s. “We are managing our border area with a very clear mind that India's boundary with Pakistan extends up to the midstream of Sir Creek,“ he clarifies. From the Indian side, Sir Creek -a 96-km-long estuary -is located in the northern most part of the creek area, the other creeks being Kori, Padala, Pabevari and Pir Sanai, on which India has undisputed control. Pakistani fishing boats, however, tend to enter Indian waters, in some cases lured by the prospect of a catch, disrupting normalcy in the region.

Pakistan cites a 1914 Bombay government verdict of a dispute between the Rao of the princely state of Kutch and the then chief commissioner of Sindh province, to claim the entire Sir Creek as its own; paragraph 10 of

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3 Nov, 2016

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3 Nov, 2016

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8  

Ambassador to India, Kenji Hiramatsu, the two-page note, between India’s top nuclear negotiator Amandeep Singh Gill and his Japanese counterpart, was not announced. The Sunday Express has, however, seen both the Japanese and the English versions.

The note also has a clause that says that if Japan scraps the deal in the event of India conducting nuclear tests, India cannot claim compensation for disruption of electricity from a nuclear power plant and the consequent economic losses.

This substantive shift in India’s nuclear diplomacy comes eight years after India signed the 123 agreement with the US, a template it has stuck to ever since.

The two-page note has five clauses and begins by recalling then External Affairs Minister Pranab Mukherjee’s statement to the Nuclear Suppliers’ Group in September 2008 and describes it as an “essential basis” for the deal. “The representative of the Japanese delegation stated that the Statement delivered by Pranab Mukherjee, then External Affairs Minister of India, on September 5, 2008 (hereinafter referred to as ‘the September 5 statement’), constitutes an essential basis for cooperation between the two States under the Agreement.”

Mukherjee’s statement, which has not been recorded in the two-page statement, had said, “We remain committed to a voluntary, unilateral moratorium on nuclear testing… We affirm our policy of no-first-use of nuclear weapons.”

Interestingly, this note and the agreement was signed a day after Defence Minister Manohar Parrikar’s controversial comments on the no-first-use policy, which he claimed was his “personal opinion”.

The second clause in the note says that in implementing the provisions of Article 14 of the deal, which deals with the termination and cessation of the agreement, Japan may exercise its rights and initiate the procedures “where there is any change in this basis”. The note goes on to say that the representative of the Japanese delegation stated that “an Indian action in violation of the September 5 statement could be viewed as a serious departure from the prevailing situation” – which is a clear reference to nuclear testing and no-first use. “In that situation, reprocessing of nuclear material subject to the agreement will be suspended in accordance with paragraph 9 of Article 14 of the Agreement”, it said.

Article 14 in the main text of the India-Japan deal makes no reference to the nuclear tests. Article 14(9) of the deal says any decision to seek ‘suspension’ will be taken after consultations between the two countries that will be aimed at reaching “mutually acceptable resolution of outstanding issues”. The suspension, it says, will be for three months.

“In case the suspension extends beyond a period of six months, both countries shall enter into consultations on compensation for the adverse impact on the Indian economy due to disruption in electricity generation and loss on account of disruption of contractual obligations,” it says.

However, in the additional note, the Japanese interlocutor has put in a caveat. “The representative of the Japanese delegation… stated that in such a situation, Japan reserves the right to contest India’s claim of compensation for the adverse impact on the Indian economy due to disruption in electricity generation and loss on account of disruption of contractual obligations,” the fourth clause in the note said.

What this means is that India cannot ask for any compensation owing to power disruption and loss of business.

While the Indian interlocutor, Amandeep Singh Gill, had reiterated Delhi’s commitment to Mukherjee’s statement of September 5, 2008, the deviation from the previous agreements, including the US and the French ones, is expected to raise eyebrows in Delhi.

“India went an extra mile for the Japanese government, since they have a very strong anti-nuclear lobby in the Diet. This is expected to facilitate the passage of the nuclear agreement in the Japanese parliament,” a government source said.

On Friday, Foreign Secretary Jaishankar had said that the agreement with Japan was “broadly in line with the agreements that India had done with other countries”. When asked about the termination clause, Jaishankar had said that the pact with Japan had a clause for ending the agreement, “which is quite similar to the US one”.

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