In his first time period in workplace, Prime Minister Narendra Modi entrusted to his colleague after which Union Minister of State for Heavy Industries and Public Enterprises, Pon Radhakrishnan, the duty of discovering an answer to the Indian fishermen’s problem with Sri Lanka. Mr. Radhakrishnan had invited 200 fishermen from Rameshwaram to carry discussions with the officers involved in New Delhi. As he was conscious of this author’s work on the topic, Mr. Radhakrishnan invited this author too. In a public assembly on the Bharatiya Janata Social gathering (BJP)’s headquarters, 19 of the fishermen spoke in regards to the ceding of Katchatheevu and the way Indian fishermen had been being shot by the Sri Lankan Navy. When this author’s flip got here, he complimented the fishermen for his or her lucid speeches. However he added that none of them had touched upon the related downside. At this level he requested: “Do the Sri Lankan Tamil fishermen have the fitting to fish of their waters?” There was surprised silence within the corridor.

From the attitude of Tamil Nadu, the foundation explanation for the issue is a battle of pursuits. On the one aspect are the 2 governments which don’t wish to reopen the problem of Katchatheevu. On the opposite aspect are the Indian fishermen who won’t simply quit a way of livelihood which they’ve loved for a number of years.

There are two interrelated points that needs to be saved in thoughts. First, the unilateral scrapping of a bilateral settlement can have profound penalties not solely on India-Sri Lanka relations but additionally with a number of of India’s different neighbouring international locations. Bilateral agreements have a sanctity of their very own and can’t be scrapped primarily based on the whims and fancies of each get together in energy. On the similar time, the Centre needs to be urged to take rapid steps to make sure the livelihood of fishermen on either side of the Palk Strait. It could be unwise to try to create a Berlin Wall within the Palk Strait. India and Sri Lanka are like Siamese twins. What afflicts one will have an effect on the opposite.

The search for a peaceable answer

This author’s analysis on the topic started in early 1990. The target was to discover a peaceable answer in order that the livelihood of the fishermen was not in jeopardy. The best downside was that every one the first sources referring to Katchatheevu had been taken away by New Delhi. At the moment there was no Proper to Info Act and this author needed to depend on secondary sources and interviews with the lead gamers.

In 1974, Atal Bihari Vajpayee was within the Opposition. In a debate within the Lok Sabha, he characterised the gifting of Katchatheevu as Bhoodan. He requested BJP chief Jana Krishnamurthy to file a case within the Madras Excessive Courtroom looking for judicial treatment. Jana’s attraction was dismissed as a result of he couldn’t produce even a shred of proof to show that Katchatheevu was part of the Zamindari of the Raja of Ramnad and that when the Zamindari was abolished, it had grow to be part of the Madras Presidency.

After finding out the professionals and cons, this author got here up with two strategies. First, get again the island of Katchatheevu on lease in perpetuity — Tin Bigha in reverse. The sovereignty of Sri Lanka can be upheld however India may use the island and the encircling waters for the aim of fishing because of lease in perpetuity. These days, Tamil Nadu fishermen didn’t enterprise far into Sri Lankan waters. The second suggestion was to permit Indian fishermen to fish in Sri Lankan waters as much as 5 nautical miles. There was a precedent to this. Underneath the 1976 Settlement, Sri Lankan fishermen had been permitted to fish close to the Wadge Financial institution, close to Kanniyakumari, for 3 years. Whereas the Tamil Nadu governments (each the All India Anna Dravida Munnetra Kazhagam and the Dravida Munnetra Kazhagam) accepted this author’s strategies, the best impediment was within the type of New Delhi refusing to reopen the problem.

Introduction of trawling

One other essential level must be highlighted. Within the Nineteen Sixties and Nineteen Seventies, India confronted a extreme monetary disaster. Indira Gandhi gave a number of incentives for ventures that earned overseas change. At the moment prawns had been an excellent delicacy in Japan and the European international locations. Because of this, backside trawlers had been launched within the Palk Bay. The ethnic battle was a godsend for the Indian fishermen. The Sri Lankan authorities had banned fishing and the Tamil fishermen from Sri Lanka got here to India as refugees. They had been employed by trawler homeowners and with their steering, Indian fishermen started venturing deep into Sri Lankan waters. India’s overseas change earnings went up, however most of it was attributable to prawns that had been caught in Sri Lankan waters.

Using backside trawlers did incalculable hurt to the ocean mattress. The trawlers swept away all the pieces from the ocean mattress, leading to no fish being accessible on the Indian aspect of the Palk Bay. Indian fishermen need to enter Sri Lankan waters to fish. And Sri Lankan fishermen started to complain that Indian trawlers would additionally destroy their sea mattress. What’s extra, backside trawlers are banned in Sri Lanka.

The necessity to have good private relations with Sri Lankan Prime Minister Mrs. Bandaranaike was the primary motive guiding India’s Sri Lanka coverage. By early 1974, Mrs. Gandhi was decided to cede the island. In accordance with S.P. Jagota, then Director of the Authorized and Treaties Division, Mrs Gandhi overruled the views of senior officers. What’s extra, she was even ready to change the median line in order that Katchatheevu would fall on the Sri Lankan aspect. The Settlement, nevertheless, offered for the continued use of Sri Lankan waters across the island for the needs of fishing, however this proper was additionally given up beneath the 1976 Settlement.

M. Karunanidhi’s perspective, to say the least, was unusual. Earlier than the signing of the Settlement, then Overseas Secretary Kewal Singh visited Madras to carry discussions. M. Karunanidhi ought to have adopted the stance taken by B.C. Roy, who went to the Supreme Courtroom of India on the problem of switch of Berubari to East Pakistan. B.C. Roy submitted proof that Beru Bari was an integral a part of India and to present away Indian territory to a overseas nation, the Structure must be amended. The Courtroom upheld the declare.

M. Karunanidhi ought to have filed a case within the Courtroom and prevented the ceding of the island. As a substitute, he bought a decision handed by the State Legislative Meeting. A decision on a topic solely beneath the Centre’s jurisdiction is just not binding, whereas a judicial determination is binding on all involved. This author repeatedly requested then Regulation Minister S. Madhavan why M. Karunanidhi didn’t comply with the West Bengal instance. There was no convincing reply. It’s cheap to conclude that New Delhi had blackmailed M. Karunanidhi into submission.

Two interrelated factors have to be highlighted. Even when India had been to get again the island of Katchatheevu, the issues confronted by Indian fishermen will proceed. And, if the Sri Lankan authorities had been to file a case within the Worldwide Courtroom of Justice — because the Philippines did in opposition to China a number of years in the past — India’s picture within the comity of countries would take a nostril dive. Allow us to keep in mind that the judgment indicted China. The politicians of varied hues in Tamil Nadu who’re elevating an outcry right this moment about Katchatheevu ought to realise that the issues Indian fishermen face are the results of Indian fishermen venturing deep into Sri Lankan waters and likewise the extreme use of backside trawlers, that are banned in Sri Lanka.

The necessity for daring choices

Each problem supplies a possibility. The issues within the Palk Bay might be solved provided that we begin considering exterior the field. Listed here are two strategies. The Palk Bay is just not a barrier however a bridge between India and Sri Lanka. We should convert the Palk Bay from being a contested territory to at least one that may be a widespread heritage. The primary important prerequisite is for the Authorities of India to ban all fishing gear that are banned in Sri Lanka. After which, we must always work to make sure that fishermen can equitably benefit from the wealthy marine wealth. There could be a method: Sri Lankan fishermen can fish within the Palk Bay for 3 days, whereas Indian fishermen can fish on the opposite three days. At some point could be a vacation. Second, allow us to encourage the Tamil fishermen of each international locations to satisfy, kind cooperative societies, and enterprise into deep-sea fishing. The trawlers might be modified into vessels that may help the mom ship.

Such joint ventures may also assist restore the harm Indian fishermen have induced to the livelihood of their Tamil counterparts. It is just daring initiatives corresponding to these that may result in a win-win scenario.

V. Suryanarayan is the Founding Director and Senior Professor (retired), on the Centre for South and Southeast Asian Research (CSSEAS), College of Madras. E-mail: suryageeth@gmail.com