Katchatheevu, a barren islet between Sri Lanka’s Delft Island and India’s Rameswaram, sprouts up
in the news on and off whenever the fisheries issue between Sri Lanka and India, Tamil Nadu to be specific, crops up following arrests of fishermen or any untoward incident involved. Recently, it surfaced in the public domain after the Indian Supreme Court, in an interim, procedural and humanitarian order, cautioned the Union and Tamil Nadu Governments against Tamil Nadu fishermen crossing the International Maritime Boundary Line for fishing in Sri Lanka’s territorial waters.
Katchatheevu was placed on the Sri Lankan side in keeping with the demarcation of maritime boundary lines under the agreement signed in June, 1974. Another agreement signed in March 1976 stipulated boundary lines in the Gulf of Mannar and the Bay of Bengal. The latest agreement bars fishermen from crossing each country’s waters. Besides, Article 5 of the 1974 agreement allows Indian fishermen and pilgrims to visit the islet without travel documents. Nevertheless, no fishing right has been envisaged in the agreement.
Indian Supreme Court’s latest ruling has invited a new public discourse to find a way out of this decades-long problem. A roundtable discussion organised by Pathfinder Foundation offered a platform for a diverse set of opinions.
It centred on the proposal that Sri Lanka should assert its presence in the islet in terms of marine research activities.
Pathfinder Foundation’s Chairman Bernard Goonetilleke, in his presentation of proposals for a sustainable solution to the crisis, envisaged the establishment of a fisheries research station on Katchatheevu, with a mandate to conduct fisheries-related research and contribute to the sustainable management of marine resources in the surrounding waters. He said that the proposal was intended to serve a practical purpose beyond the continuing political debate over the island’s status.
It will create an opportunity to improve scientific understanding of fish stocks, marine ecosystems and sustainable fishing practices in the Palk Bay and adjacent waters. Establishing a research facility will also provide a continuing Sri Lankan institutional presence on the island, consistent with Sri Lanka’s position under the existing India–Sri Lanka maritime arrangements. Research activities could include monitoring fish stocks, studying the effects of bottom trawling, assessing marine habitats and identifying approaches to restoring depleted fisheries resources. The station could also provide a platform for scientific cooperation between Sri Lankan and Indian fisheries researchers, where mutually agreed arrangements make such cooperation possible. Despite the potential benefits, the Sri Lankan Government did not follow up on the proposal, according to him.
However, former Foreign Secretary Ravinatha Aryasinha held different views in this regard and laid emphasis more on a political approach with the involvement of affected communities to find a lasting solution.
Mr Aryasinha, who is also the Executive Director of the Regional Centre for Security Studies (RCSS) said the controversy surrounding Katchatheevu is often reduced to a dispute over Indian fishermen crossing the maritime boundary line into Sri Lankan waters.
Referring to the historical context, he said that the agreement involved not only the transfer of Katchatheevu but also the Wadge Bank, a maritime area located off the southern tip of India near Kanyakumari.
The point is that, having exhausted the fisheries resources in the Wadge Bank, the pressure is now shifting elsewhere. These are natural processes, and one must understand them,” he said.
Asserting that Tamil Nadu political authorities can possibly act differently to India’s Supreme Court’s order, he said, “I find it difficult to understand why this issue should be treated as inseparable from Katchatheevu. Linking a solution to the fisheries problem with Katchatheevu could amount to fishing in troubled waters. Technological innovations, experimental fishing methods and improved fisheries-management practices can be introduced without involving Katchatheevu. There is no compelling reason why the island should become the focal point of efforts to resolve a problem that can be addressed through other practical measures.”
He said, “I sense that this issue needs to be resolved through dialogue between the governments in New Delhi and Colombo, while also engaging the Tamil Nadu government and the people of Jaffna. After all, this is a people’s issue on both sides of the Palk Strait. There is strong sentiment in Jaffna over the matter, notwithstanding the close and fraternal relations between the people on both sides.
Tamil Nadu Chief Minister Vijay may bring a different political perspective to the issue, given that he leads a party outside the established DMK and AIADMK political establishments. While his political approach and relationship with the Union Government will become clearer over time, his leadership could provide an opportunity to examine the fisheries dispute and the Katchatheevu question as two distinct issues, according to him.
In response, Mr Goonetilleke from Pathfinder Foundation, however, said that there was a suggestion in the past for undertaking joint research involving NARA on Sri Lankan side and the Central Marine Fisheries Research Institute of Cochin.
“We don’t have the official records of the meeting, but the available information says that this proposal has come forward. There was an understanding in principle to think about this kind of joint activity. The particular research centre is located at Aadampur,” he said.
“It is very interesting to examine the details of the institute. It is a 92-acre facility undertaking research in various areas, including fisheries, seaweed cultivation and alternative livelihoods for fishing communities. This presents an opportunity for both sides to work together and jointly engage in such research,” he said.
If there is an understanding between the two sides to collaborate in these areas, the Tamil Nadu authorities and the public would also recognise that the objective of such research is to protect the health and well-being of the Bay of Bengal and its marine resources, and nothing else,” he added.
We have to be strategic – Nilantha Ilangamuwa
Journalist and analyst Nilantha Ilangamuwa said the long-held notion that “India’s problem is not our problem, and our problem is not India’s problem” was impractical and unrealistic, as it allowed the two countries to evade their responsibilities. “We are neighbours and have to act strategically. If you are suggesting the establishment of a third-party apolitical research facility there, it would be a proactive approach on our part,” he said.
He said such a mechanism could prove useful in the years ahead, as developments in India’s political and legal landscape could have implications for Sri Lanka.
“Some of these matters could find their way into future reports and judgements, whether in the coming years or later. Perhaps this could happen after the Modi government; nobody knows how Indian politics will evolve. In my opinion, establishing a proactive mechanism on the Sri Lankan side would be important and useful, particularly in light of the insights discussed,” he said.
Common ground the way out, India has no intention to take over Katchatheevu
Prof. Jayanath Colombage, a former Navy Commander and Foreign Secretary of Sri Lanka, said Katchatheevu had become an additional burden on the Sri Lanka Navy, which is responsible for maintaining a presence around the island. “There is a small Navy contingent there during normal times. There is no separate budget for it; the expenditure is entirely borne by the Sri Lankan Government as part of the Navy’s Northern Command. The Navy maintains a presence on all the islands, including Delft, Nainativu, Analaitivu, Eluvaitivu, Karaitivu, Kayts and Mandaitivu. Further south, we also have Pooneryn, Talaimannar and Mannar,” he said.
Prof. Colombage agreed with Ambassador Aryasinha that establishing a research centre on Katchatheevu could complicate the issue. However, he expressed optimism that the Indian central government had no intention of reclaiming the island.
“There is no historical evidence to suggest that India exercised control over Katchatheevu. Even if we consider the historical evidence, the United Nations Convention on the Law of the Sea, adopted in 1982, provides the contemporary legal framework. Historical evidence is important in law, but it has to be considered within the applicable legal framework.
“In the fisheries sector, the argument is that fishermen traditionally operated in these waters. However, traditional fishing practices do not, by themselves, determine sovereignty over territory or override established maritime boundaries. A similar argument has arisen in the South China Sea, where historical fishing activities have been invoked in disputes over maritime rights,” he said.
He stressed that Sri Lanka should not antagonise India.
Bottom trawling takes place away from Katchatheevu
He, however, said that harmful bottom trawling takes place away from the islet in Sri Lankan waters as the fish stocks on the Indian side of the sea had been exhausted at the moment. Emphasising the need for a middle ground to resolve this issue, he said that the introduction of steel-hulled boats in place of wooden-hulled boats in Tamil Nadu worsened the problem, affecting local fishermen.
“If a small, 17-foot fibreglass dinghy collides with a steel-hulled boat, the consequences could be devastating for the smaller vessel. Another practical problem is that when steel trawlers cross fishing nets laid by local fishermen, the entire net can be destroyed.
These are some of the practical difficulties fishermen face. The real objective, however, is to find common ground without antagonising India. We have goodwill between the two countries, so why can’t we use it to resolve this issue?” he asked.
The Supreme Court’s decision also referred to the excellent relationship between India and its neighbour, Sri Lanka. That is an important consideration. Just as India should take into account the need to preserve its excellent relations with Sri Lanka, we too must be mindful of the importance of not antagonising India. We should use the goodwill that exists between the two countries to find a mutually acceptable solution, he said.
600 prawn processing plants in Tamil Nadu
In an obvious reference to how Tamil Nadu businessmen benefit from poaching in Sri Lankan waters, he said that there are about 600 prawn processing plants in Tamil Nadu exporting produce to the markets in the European Union.
“Where is the main export market? Europe. Now, according to IUU fishing regulations, you have to declare where you catch fish. So what do they say? Indian Ocean prawns. Right? So, I think we have to find a solution rather than allowing it to go for another 50 years.
We have to understand the law, the practicalities of it and go for a solution. Our job is not to find a solution, but make some recommendations.
Reservoir of goodwill
Sri Lanka and India have close ties. India extended vital economic assistance to Sri Lanka in the wake of the 2022 economic crisis. The time is opportune for the sustainable resolution of this issue without making it a permanent irritant to bilateral relations.