Troubled waters

(R. Keerthana)

What’s happening?

There are more than 250 Indian fishermen jailed in Sri Lanka. Their offence: fishing in the Palk Strait. Fishing by itself is not a crime, but ‘poaching’ is, says Sri Lanka. According to Sri Lanka, the Indian fishermen are encroaching into its territory. Ownership of Kutchatheevu, a small island in the Palk Strait (which divides the two countries) and rights to fish here are still under dispute despite a 1974-agreement drawn between India and Sri Lanka.The agreement, which cedes the island to Sri Lanka with an International Maritime Boundary, was not approved by the Indian Parliament. Hence, there have been calls from Tamil Nadu politicians and the fishermen community to review the agreement.

What is the background?

Fishermen from both countries had no issues with regard to Palk Strait and they fished amicably from time immemorial.

Even after the 1974-agreement, Indian fishermen (basically from Tamil Nadu) continued to enter the Sri Lankan waters, as Sri Lankan fishermen were not permitted to fish during the civil war period for security concerns.

Indian fishermen made use of this opportunity to expand their trawler fleet and went deep within the Sri Lankan waters, though hundreds of them were arrested and many shot at by the Sri Lankan Navy for trespassing.

(In 2008, an agreement was reached at between the countries and SL agreed to stop firing at Indian fishing vessels and to allow full access to Indian fishermen till Jaffna Line.) Firing has reduced, but detention and ‘harassment’ continues.

When did the issue hot up?

When the ceasefire process began in 2002, things changed as SL fishermen were allowed to fish. They protested intrusion by their Indian counterparts.

What's the source of the trouble?

The fishing by Indian fishermen is affecting the livelihood of Sri Lankan fishermen, they say. The trawlers used by Indian fishermen not only make away with a big catch in the SL waters, but also damages their fishing nets. According to reports, marine resources are running low in Indian waters and fishermen have no option but to cross the border. Overfishing is the problem.

What initiatives have been taken by India and Tamil Nadu to resolve the issue?

Tamil Nadu political parties have been trying to seek the retrieval of Kutchatheevu. In 2008, the TN CM Jayalalithaa filed a writ petition in the Supreme Court seeking to declare the 1974 agreement null and void. In August 2013, the centre said that Katchatheevu is inside the maritime boundary of Sri Lanka and India has no fishing rights in Sri Lankan waters. In 2010 Sri Lanka issued notice to Tamil Nadu saying Indian courts cannot nullify the 1974 agreement.

What is the latest in the negotiation initiatives?

TN Chief Minister Jayalalithaa has attacked the centre that it has not taken the issue seriously despite frequent reports of attacks on fishermen. She has proposed a joint meeting between fishermen from Sri Lanka and India in Chennai on January 20 and urged the Prime Minister to approve it.

How can this issue be resolved amicably?

According to experts, trawling ( trawling is a method of fishing that involves actively dragging or pulling a trawl through the water behind one or more trawlers.) is the main problem. Indian fishermen should stop trawling completely, they say. Instead, they should be trained in deep sea fishing.