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The Katchatheevu controversy.

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• GS Paper 2 International Relations.
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Why in the news?

• On August 18, Tamil Nadu Chief Minister M. K. Stalin revived the debate over Katchatheevu, an uninhabited and barren 285 acre islet about 14 nautical miles off Rameswaram.
• He reiterated the demand for retrieval of the islet from Sri Lanka, which will, according to him, put a permanent end to the problems of fishermen of the State.

What is Katchatheevu?

• Katchatheevu is an uninhabited off-shore island in the Palk Strait. It was formed due to volcanic eruptions in the 14th century.
• The 285-acre land was jointly administered by India and Sri Lanka during British rule.
• The Raja of Ramnad (present-day Ramanathapuram, Tamil Nadu) owned Katchatheevu island and later became part of the Madras Presidency.
• In 1921, both Sri Lanka and India claimed this piece of land for fishing and the dispute remained unsettled.
• After Indian independence, the country initiated to resolve the pre-independence territory dispute between Ceylon and the British.

How did the conflict arise?

• Fishermen of both countries have been fishing in each other’s waters without conflict for a very long time. The issue emerged when both the countries signed four Maritime Boundary Agreements between 1974-76. The agreement marked the international maritime boundary of India and Sri Lanka.
• The agreement aimed to facilitate resource management and law enforcement in the Palk Strait. Now, Indian fishermen were only allowed to use the island for resting, net drying and the annual St. Anthony’s festival. They are not permitted to use the island for fishing. However, Indian fishermen continued trespassing the Sri Lankan water boundary, searching for better catch in the area.
• The next few decades went well but the problem turned serious when fish and aquatic life in the Indian continental shelf depleted, which resulted in an increased number of Indian fishermen in the region. They are also using modern fishing trolleys which harm marine life and the ecosystem.

How important is Kachatheevu?

• Fisherfolk of the two countries have been traditionally using the islet for fishing. Though this feature was acknowledged in the 1974 agreement, the supplemental pact in March 1976 made it clear that fishermen of the two countries “shall not engage” in fishing in the historic waters, territorial sea and exclusive zone or exclusive economic zone of either of the countries “without the express permission of Sri Lanka or India.”
• While certain sections of political parties and fisherfolk in Tamil Nadu believe that the retrieval of Katchatheevu would resolve the problem of fishermen having to illegally cross the International Maritime Boundary Line, fishermen of the Northern Province in Sri Lanka say that this would only add to their suffering from the adverse impact of T.N. fishermen using the fishing method of bottom trawling on their territorial waters.

When did Katchatheevu become a part of Sri Lanka?

• During June 26-28, 1974, the then Prime Ministers of India and Sri Lanka, Indira Gandhi and Sir R.D. Bandaranaike, signed an agreement to demarcate the boundary between the two countries in the historic waters from Palk Strait to Adam’s Bridge.
• A joint statement issued on June 28, 1974, stated that a boundary had been defined “in conformity with the historical evidence, legal international principles and precedents.”
• It also pointed out that “this boundary falls one mile off the west coast of the uninhabited” Katchatheevu.

What triggered the negotiations between India and Sri Lanka?

• Sri Lanka claimed sovereignty over Kachatheevu on the ground that the Portuguese who had occupied the island during 1505-1658 CE had exercised jurisdiction over the islet.
• India’s contention was that the erstwhile Raja of Ramnad [Ramanathapuram] had possession of it as part of his zamin.
• According to an article published by The Hindu on March 6, 1968 which was based on an interview of the erstwhile Raja Ramanatha Sethupathi, Kachatheevu was under the jurisdiction of the zamin “from time immemorial”.
• However, during a debate on the matter in Lok Sabha in July 1974, the then External Affairs Minister Swaran Singh said that the decision had been taken after “exhaustive research of historical and other records” on the islet.

How was the 1974 pact received?

• The present demand for the Katchatheevu retrieval traces its origin to the opposition that the pact generated in 1974.
• During the debates in both Houses of Parliament in July 1974, most of the Opposition including the Dravida Munnetra Kazhagam (DMK), All India Anna Dravida Munnetra Kazhagam (AIADMK), Jan Sangh, Swatantara and the Socialist Party, staged walk outs in the two Houses.
• Former Prime Minister Atal Bihari Vajpayee, who was the Jan Sangh’s leader, had contended that the decision to transfer the islet had been taken “behind the back” of the people and Parliament.
• The then Chief Minister M. Karunanidhi, in 1973 when the talk of the islet transfer had been doing rounds, had urged Indira Gandhi that the popular feeling was in favour of retaining Katchatheevu which “belonged to India and not to Tamil Nadu alone,” according to a report published by The Hindu on October 17, 1973.
• Three months later, he wrote a letter reiterating the stand, a copy of which was released a day after the 1974 agreement was signed. M. G. Ramachandran, founder of the AIADMK, had criticised Karunanidhi for “his failure to guide the Centre properly” on the issue and sought his resignation.

Humanitarian and Livelihood Concern

• About 10 miles northeast of Rameshwaram, the island is used by Indian fishermen to dry their nets, catch fish and rest.
• Frequent arrests on the border have increased and Sri Lankan authorities said that they are protecting their maritime boundaries against poaching, and securing the livelihood of Sri Lankan fishermen.
• Both sides ensure to not use force under any circumstances. However, the violent situation remains the same.

When did the issue emerge again?

• The Katchatheevu issue was revived in August 1991 with the then Chief Minister Jayalalithaa demanding retrieval during her Independence Day address.
• She later modified her demand to one of getting the islet back through “a lease in perpetuity.” In the last 15 years, both Jayalalithaa and Karunanidhi had approached the apex Court on the matter.

LTTE era and restrictions on movement

• During the LTTE (Liberation Tigers of Tamil Eelam, a separatist group in Sri Lanka) era, the Sri Lankan government restricted the easy movement of Sri Lankan fishermen in waters raising military operations issues.
• The Indian fishermen considered this as an opportunity. In 2009, Sri Lanka started heavily guarding its maritime boundary in the Palk Strait.
• It was done to reduce the possibility of the return of Tamil insurgents in the country. With the end of the war in 2010, Sri Lankan fishermen again started their movement in Palk Bay and reclaimed their lost legitimate territory.

Indian Government Stand

• In August 2013, the Union government told the Supreme Court that the question of retrieval of Kachchatheevu from Sri Lanka did not arise as no territory belonging to India was ceded to Sri Lanka.
• It contended that the islet was a matter of dispute between British India and Ceylon (now Sri Lanka) and there was no agreed boundary, a matter of which was settled through 1974 and 1976 agreements.
• In December 2022, the Centre, pointed out in its reply in the Rajya Sabha that Katchatheevu “lies on the Sri Lankan side of the India-Sri Lanka International Maritime Boundary Line.” It added that the matter was subjudice in the Supreme Court.

Major challenges in Indo-Srilankan relations

• China factor in India-Sri Lanka relation: In terms of being the platform for India-China strategic competition, Sri Lanka has endorsed China’s flagship connectivity project, the Belt and Road Initiative (BRI). It is also, one of the important nodes for China’s maritime strategy.
• Lack of bipartition: Support to India-Sri Lanka ties soured precipitously when Mahindra Rajapaksha leased the strategically significant port of Hambantota to China, an issue highly sensitive to India.
• Ethnic issue: It is the prolonged conflict between the Sinhala majority and Tamil minority in Sri Lanka that has severely undermined bilateral ties in recent decades. The issue also involves war-crimes probe and accountability issues in SriLanka.
• Fishing Disputes: Given the proximity of the territorial waters of both countries, especially in the Palk Straits and the Gulf of Mannar, incidents of straying of fishermen are common.

Way Forward

• As both countries have a democratic setup there is scope for broadening and deepening the ties.
• Both countries should try to work out a permanent solution to the issue of fishermen through bilateral engagements.
• Comprehensive Economic Partnership Agreement (CEPA) must be signed to improve the economic cooperation between both countries.
• India needs to focus more on its traditional and cultural ties to improve relations with Sri Lanka.
• Starting of ferry services between India and Sri Lanka can improve people to people linkages.
• Mutual recognition of each other’s concerns and interests can improve the relationship between both countries.

Source: The Hindu

Mains Question

What are the reasons for bone of contention between Indo-Srilankan relations. How India can be a game changer in strengthening Indo-Srilanka diplomatic relations.