Experts on both sides contest claim and point to politicisation of the issue in Tamil Nadu   By Tharushi Weerasinghe India’s External Affairs Minister S. Jaishankar raised the issue of Kachchativu again in correspondence with Tamil Nadu Chief Minister M.K. Stalin last Thursday. He was responding to a letter from Mr. Stalin regarding the recent detention [...]

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Indian FM Jaishankar raises ‘Katch’ bogey again

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Experts on both sides contest claim and point to politicisation of the issue in Tamil Nadu  

By Tharushi Weerasinghe

India’s External Affairs Minister S. Jaishankar raised the issue of Kachchativu again in correspondence with Tamil Nadu Chief Minister M.K. Stalin last Thursday.

He was responding to a letter from Mr. Stalin regarding the recent detention of Indian fishermen caught poaching in
Sri Lankan territorial waters. Dr. Jaishankar noted that Indian diplomats in Sri Lanka were working to secure an early release of the fishermen.

The letter from Jaishankar to Stalin

He said that the “genesis of the issue” dates back to the 1974 Indo-Sri Lanka Maritime Agreement, in which then-Prime Minister Indira Gandhi ceded the islet to Sri Lanka. This agreement and the understanding between the Union and State governments at that time have been a recurring point of contention in India. The ruling BJP frequently asserts that the then-Congress Government’s decision to “hand over” Kachchativu is the root cause of the ongoing fishing territory disputes between Sri Lankan and Indian fishermen.

But Indian experts disagree.

“Indian fishermen do not just poach in the territories of Kachchativu; it is just a code word to indicate that they fished beyond the border,” said V. Vivekanandan, secretary, Fisheries Management Resource Centre, Trivandrum, India.

He asserted that excess fishing capacity linked to the “historical right to fish” and strong public support in Tamil Nadu were the real roots of this persistent issue.

“A de facto ‘freedom to fish’ over the entire Palk Bay was enjoyed by both Tamil Nadu and Sri Lankan fishing fleets before 1983, with no real impediment from the two governments, even after the 1974 Kachchativu agreement and the 1976 exchange of letters that said that the fishing fleets would restrict their fishing to their side of the maritime border,” Mr. Vivekanandan claimed.   “Tamil Nadu political parties have never accepted the ceding of Kachchathivu to Sri Lanka, frequently raising the issue, often rhetorically.”

When politicians criticise the 1974 agreement, their focus is on the island itself, whereas fishermen dispute the 1976 letter that prohibited Indian fishing in Sri Lankan waters.

“Public opinion in Tamil Nadu overwhelmingly supports the Tamil Nadu trawlers’ historical claim to fish in the Palk Bay, and the media often portray TN fishermen as the victims, often overlooking the plight of Tamil-speaking fishermen in Sri Lanka’s Northern Province,” Mr. Vivekanandan said.

He held that what he called the “Kachchativu myth” began because of the pattern in which arrests and dhooting incidents happened during the war. Since insurance companies would not cover incidents outside Indian waters, fishermen claimed they were fishing in Indian waters when these events occurred.

Kachchativu, located just two nautical miles within Sri Lanka’s waters, became a convenient reference point. It was plausible to believe that fishermen, lacking modern navigation tools, could have “accidentally” crossed the maritime border.

For Tamil Nadu political parties, these reports reinforced the belief that Kachchativu was wrongly handed over to Sri Lanka and needs to be reclaimed. Each sea incident triggered indignation over the perceived injustice to fishermen due to the Kachchativu agreement.

Mr. Vivekanandan said the present political landscape complicates the Union Government’s ability to take firm action and honour its commitments to the Sri Lankan Government.  “Ultimately, the solution to this problem lies in Chennai rather than Delhi or Colombo.”

In April this year, Kachcahtivu became a hot topic in India when it was brought up during the BJP’s election campaign in Tamil Nadu. Sri Lankan Foreign Minister Ali Sabry promptly shut down the controversy by telling local media that Kachchativu was “a problem discussed and resolved 50 years ago, and there is no necessity to have further discussions on this’’. Political analysts saw it as an attempt by the BJP to gain popularity in the Dravida Munnetral Kazhakam (DMK)-ruled state.

“Luckily, the Sri Lankan Government did not take the bait,” noted diplomatic historian George Cooke, adding that it has been a “closed matter under international law.”

“When Sri Lanka claimed Kachchativu, it is important to note that this puts the sea around it and the air over it in its territory,” he said, adding that the only concessions allowed under the bilateral agreement were for Indian fishermen to dry their nets on the island and take part in the St. Anthony’s feast, which they boycotted this time.

Mr. Cooke held that every time an Indian vessel is poaching in Sri Lankan waters, Sri Lanka’s sovereignty is violated. He said, “Indian poachers are arrested, and then India calls for their release, and then it happens again—this has been happening continuously since the war ended.”

Neelima A, research associate at the Centre for Public Policy Research, Kochi, said this issue has significant diplomatic implications for India. She held that it could challenge India’s ‘Neighbourhood First’ policy.

India supports Sri Lanka with financial and humanitarian aid. Ms. Neelima noted: “Highlighting this issue now could potentially impact India’s long-term foreign policy, affecting its stability and reliability and leading to questions about several settled agreements.”

Ms. Neelima explained the significant regional security factors at play. “Revisiting the agreement could strain bilateral relations, leading to increased diplomatic and military tensions and exacerbating conflicts over fishing rights, which may necessitate heightened maritime security measures.”

Such tensions would hinder regional cooperation initiatives under frameworks such as IORA (Indian Ocean Rim Association) and BIMSTEC (Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Corporation) and challenge India’s SAGAR policy aimed at enhancing maritime security and fostering cooperation. Moreover, strained India-Sri Lanka relations might create opportunities for external powers, particularly China, to increase their influence in Sri Lanka, potentially shifting the strategic balance in the region and complicating India’s security interests, Ms. Neelima said.

She added that revisiting the Kachchativu agreement could set a precedent for other maritime and territorial disputes in the Indian Ocean, encouraging countries to contest settled boundaries, thereby undermining regional stability and creating legal and diplomatic uncertainties.

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