On January 1, 2026, India and Pakistan continued their decades-old diplomatic tradition by exchanging comprehensive lists of civilian prisoners and fishermen currently in each other’s custody. This exchange, mandated by the bilateral Agreement on Consular Access (2008), takes place twice a year to maintain transparency and humanitarian standards.
While the exchange is a routine administrative procedure, the 2026 report highlights a growing humanitarian concern regarding Indian nationals who remain in Pakistani jails despite having served their full legal sentences.
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1. The 2026 Prisoner Census
The latest data exchanged through diplomatic channels in New Delhi and Islamabad shows a significant imbalance in the number of detainees.
| Category | In Indian Custody (Pakistani/Believed-to-be) | In Pakistani Custody (Indian/Believed-to-be) |
| Civil Prisoners | 391 | 58 |
| Fishermen | 33 | 199 |
| Total | 424 | 257 |
2. The Repatriation Deadlock
The Ministry of External Affairs (MEA) has issued an urgent call to Islamabad to prioritize the release of those whose legal “time” is up.
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167 “Overdue” Indians: India specifically urged Pakistan to expedite the release of 167 fishermen and civil prisoners who have completed their sentences but have not yet been repatriated.
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Consular Access Denied: India has also demanded immediate consular access to 35 other individuals in Pakistani custody whose nationality is yet to be formally verified.
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Safety Concerns: New Delhi has reminded Islamabad of its obligation to ensure the “safety, security, and welfare” of all Indian detainees pending their release.
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3. Historical Repatriation Context (2014–2026)
The Indian government has maintained that sustained diplomatic pressure is yielding results, even amidst a “deep freeze” in overall bilateral ties.
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Total Repatriated since 2014: 2,661 Fishermen and 71 Civil Prisoners.
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Recent Progress (Since 2023): 500 Fishermen and 13 Civil Prisoners have successfully returned to India.
Agreement on Consular Access (2008)
This treaty is one of the few surviving functional mechanisms between the two nations.
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The Logic: To ensure the humane treatment of nationals caught in legal webs across the border (often accidental border-crossers or fishermen).
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The Rule: Both countries must exchange lists on January 1 and July 1 every year.
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