History The dispute lies in the interpretation of the
maritime boundary line between Pakistan and India. Before independence, the area was part of
British India. After independence in 1947, Sindh became a part of Pakistan while Gujarat remained a part of India. In 1968, an international tribunal resolved the larger
Great Rann of Kutch border claims of India and Pakistan, which also covered Sir Creek. In this resolution, India received 90% of its request and Pakistan received 10%. Elements of dispute remain in Sir Creek with conflicting claims from both sides. From 1997 to 2012, there have been twelve rounds of talks between the two nations, without a breakthrough. In 2008, in the fourth round, both sides agreed to a joint map of the area based on a joint survey. The resolution by the 1968 tribunal demarcated the boundaries between the two nations, and Pakistan claims that the creek was included as part of Sindh, thus setting the boundary as the eastern flank of the creek. Pakistan lays claim to the entire creek as per paragraphs 9 and 10 of the
Sindh Government Resolution of 1914 signed between the Government of Sindh Division and
Rao Maharaj of Kutch. The government of the Bombay Presidency conducted a survey in 1911 and awarded a dispute resolution verdict in 1914 containing two contradictory paragraphs. Paragraph 9 of the verdict states that the border between Kutch and Sindh lies to the east of Sir Creek, whereas paragraph 10 of the verdict further qualifies that "since Sir Creek is navigable most of the year, according to international law and the
thalweg principle, a boundary can only be fixed in the middle of the navigable channel, which meant that it has been divided between Sindh and Kutch, and thereby India and Pakistan." When the thalweg principle is applied, the
UNCLOS (United Nations Convention on the Law of the Sea) supports India's position, which "would result in the shifting of the land/sea terminus point several kilometres to the detriment of Pakistan, leading in turn to a loss of several thousand square kilometres of its
Exclusive Economic Zone under the
United Nations Convention on Law of the Sea." Pakistan built the
LBOD canal between 1987 and 1997 to collect agricultural saline water and industrial effluents generated in the area around the main Indus river. The LBOD canal discharges the saline and contaminated water into the Sir Creek for disposal to the sea without contaminating the freshwater available in the
Indus River. However, the LBOD construction is in violation of the
Indus Waters Treaty (Article IV), causing material damage (i.e. inundating the creek area exposed during the low tide) to India. Thus Pakistan has an economic interest in keeping the dispute alive and not settled as per international conventions. If India is physically holding (partially or fully) the water area of the creek, India can settle the LBOD dispute as per the arbitration procedure available in the Indus Waters Treaty. the
Breguet Atlantique, which was carrying 16 naval officers on board, for an alleged
airspace violation of Indian airspace. The episode took place just a month after the
Kargil War, creating a tense atmosphere between India and Pakistan. After the incident,
Pakistan Marine units were deployed in the region, with sizable
SAMs active in the region. In 1999, the Marines reportedly fired an errant missile on an
Indian Air Force MiG-21FL, which narrowly missed.
Military buildup and terrorist alert From June 2019, several newspapers reported that Pakistan had rapidly built up forces at Sir Creek, and India swiftly responded likewise. After the 1999 Atlantique incident, Pakistan deployed its 31st Creek
Battalion, headquartered at
Sujawal and responsible for the area from Haji Moro Jat Creek in the north to
Korangi Creek Cantonment in
Karachi in the south. In 2019, Pakistan also deployed the 32nd Creek Battalion, headquartered at
Gharo, with the view to increase the troop strength to three
brigades by deploying more
infantry and
amphibious battalions. Pakistan has procured 6 coastal defense boats for coastal surveillance, and 4 of 18 newly acquired marine assault crafts will be deployed in the Sir Creek. Pakistan is planning to buy 60 more naval ships, including
hovercraft and
offshore patrol boats. Pakistan has also set up two new marine posts west of Pir Samadhi Creek in the area of Bandha Dhora and Harami Dhoro. Pakistan also has its 21st Air Defense unit and three marine units at
Gwadar Port as well as the
Jinnah Naval Base at
Ormara. Pakistan has also boosted its air defense with an enhanced radar network, air defense missiles,
radar operated guns, four
Lockheed P-3 Orion anti-submarine and maritime surveillance aircraft, and two
ATR aircraft stationed at
Pakistan Air Force's
PAF Base Masroor in Karachi and
PNS Mehran naval airbase. In 2018, India's BSF caught 14 boats in the Bandha Dhora and Harami Dhoro channels of the creek. Each one was screened to ascertain if they were ordinary fishers or terrorists because the Pakistani terrorists of the
2008 Mumbai attacks had entered India after launching their boat from this general area of Pakistan. ==See also==