The below given article appeared in Times of India, Bombay on 20.03.99. This article can be accessed at URL <http://www.timesofindia.com/200399/20mbom4.htm>

Saturday 20 March 1999, Mumbai , By Shabnam Minwalla

MUMBAI: Not many people hear this cry in the wired wilderness. But the occasional cyber-explorer -- seeking perhaps a recipe for Taiwanese Chicken or some nugget of navigational history -- does sometimes stumble upon the website of Captain Raj Kumar Goel.

This Internet site tells the sorry story of two Indian seamen who, for the last three years, have been stuck in a legal limbo in Taiwan. Despite their plight, however, the Indian government has done little to rescue its stranded citizens. ``Unless the Indian government exerts itself, there seems no end in sight,'' says Captain Sanjay Gupta, a friend of the unfortunate Captain Goel. ``We keep feeling that matters will get resolved by Holi or Diwali. But things keep dragging on.''

The problem began in February 1996, just a couple of nights after Captain Goel took charge of `MV Kasuga 1'. While passing Taiwan, third officer Yoganarsimha Dodla spotted a fishing craft without navigational lights. He summoned Goel and they both scanned the sea. But nothing further was visible. Soon afterwards the propeller started giving trouble, prompting Captain Goel to halt at Keelung. A team of divers disentangled a fishing net and the ship was about to proceed when the Keelung Harbour authorities arrested Goel, Dodla and Able Seaman Arvind Tandel. ``Even then I never imagined that things could get so messy,'' says Goel in an email interview.

The Taiwanese authorities framed charges of `Abandonment resulting in death' and claimed that after colliding with a fishing vessel, `MV Kasuga 1' had left the fishermen to drown. ``If they were guilty, they would hardly have docked at Keelung,'' points out Gupta, adding that the physical evidence does not support the collision theory. ``They could easily have proceeded to Japan.''

The Taiwanese legal system, however, is not so easily convinced. Over the last three years, the case has been tossed from court to court. In fact, it has even reached the Taiwan Supreme Court twice. ``This could continue indefinitely,'' says a tense Goel.

While Goel and Dodla were incarcerated in prison for six months, they are now out on bail. ``I spend the day writing my journal, reading the Bhagwad Gita, cooking and cleaning,'' says Goel, who receives financial help from his shipping company. ``I write to my wife and little son. I also spend time sending emails to human rights organisations and the Indian government.''

Most of these pleas have fallen on deaf ears, however. The United Nations convention on the International Law of the Sea (1982) specifies that in case of ``a collision or any other incident concerning a ship on the high sea'', action can only be taken by the ``flag state or of the state of which the person is a national''. `MV Kasuga 1' bears the Panamian flag, while the individuals involved are Indian -- which means that Taiwan has no jurisdiction.

This, incidentally, is a law that the Taiwan government knows well. In May 1996, Taiwanese crewmembers of `Maersk Dubai' were detained in Canada for throwing three stowaways into the sea. Although Canada initiated a case of manslaughter, Taiwan protested vociferously on the basis of international law. Eventually the seamen were sent back to Taiwan where they were allowed to go free.

``Similarly, when a Taiwanese seaman went on a shooting spree, Taiwanese officials flew down to Mauritius and demanded jurisdiction of the case,'' says Gupta. ``They did not waste any time.''

In direct contrast is the attitude of the Indian government, which took nine months merely to submit a claim of jurisdiction. ``In that period, the case had gone from the district court to the high court,'' says a bitter Goel. ``The India-Taiwan Association -- the de facto representatives of the government in Taiwan -- cannot take even the smallest decision without permission from the Indian government. My father regularly visits the external affairs ministry in Delhi, but in vain.''

The India-Taiwan Association, however, maintains that the Indian Government has done the ``maximum possible''. ``Given the absence of formal diplomatic relations between the two sides, the manoeuverability for exerting pressure is severely limited,'' says B.K. Bhatia, deputy director general of the India-Taiwan Association, an organisation primarily meant to promote trade and tourism. ``The Indian government claimed jurisdiction but that was not acceptable to the Taiwanese side because of their domestic laws.''

Important Indian visitors to Taiwan, Mr Bhatia adds, have pleaded on behalf of Goel and Dodla. ``But that is the difference,'' says Gupta angrily. ``If, say, an American or Taiwanese citizen is in trouble, their governments rush to their rescue. But if an Indian citizen is in trouble, some passing MP or official will make a casual request. It is apparent that standing up for its citizens is a low priority for the Indian government.''