Context
- India’s foreign policy has long been shaped by principles of peaceful coexistence and regional cooperation.
- From the Panchsheel framework to the Non-Aligned Movement and the South Asian Association for Regional Cooperation (SAARC), India has consistently emphasised interdependence and stability in South Asia.
- Bilateral relations with Sri Lanka continue to be tested by unresolved concerns, particularly the fisheries crisis in the Palk Strait and the sovereignty of Katchatheevu island.
- Addressing these challenges demands a careful balance of livelihoods, ecological sustainability, and legal commitments.
The Fisheries Dispute: Livelihoods and Conservation at Odds
- The Issue at Hand
- Fishing communities in Tamil Nadu and Sri Lanka’s Northern Province have shared the Palk Strait for centuries.
- However, today’s disputes stem largely from Indian mechanised bottom trawling in Sri Lankan waters.
- Such practices, though profitable for trawler operators, are ecologically destructive, damaging coral beds and depleting fish stocks.
- Both the United Nations Convention on the Law of the Sea (UNCLOS) and the FAO’s Code of Conduct for Responsible Fisheries condemn destructive methods such as bottom trawling.
- Sri Lanka’s Concern
- Sri Lanka banned bottom trawling in 2017, but hundreds of Indian trawlers continue to cross the maritime boundary.
- This not only harms Sri Lanka’s marine ecology but also jeopardises the livelihoods of Tamil Nadu’s small-scale artisanal fishers.
- Ironically, these traditional fishers, who follow sustainable methods, also suffer from resource depletion caused by trawler operations, compelling them to enter contested waters.
- Thus, the issue is not merely interstate; it reflects a deeper livelihood conflict within Tamil fishing communities themselves.
The Katchatheevu Question: Myths and Realities
- Public debate in India often portrays Katchatheevu, a small barren islet in the Palk Strait, as the crux of the fisheries conflict.
- In reality, the 1974 India–Sri Lanka Maritime Boundary Treaty, which placed the islet within Sri Lankan territory, settled the issue.
- Under international law, boundary treaties are sacrosanct (pacta sunt servanda) and cannot be unilaterally repudiated.
- Contrary to popular belief, the island was not gifted by Prime Minister Indira Gandhi.
- Historical records demonstrated Sri Lanka’s stronger claim, with evidence of administrative control dating back to the Portuguese and Dutch periods, and earlier to the Tamil kings of Jaffna.
- International precedents, such as the ICJ’s 1953 ruling in the Minquiers and Ecrehos case (France vs United Kingdom), reinforce that sovereignty rests on effective jurisdiction rather than rhetoric.
- India’s concession was therefore consistent with legal precedent and international norms.
- It is important to distinguish between sovereignty over Katchatheevu and fishing rights.
- While the former is legally settled, the latter remains a matter of negotiation.
- The Palk Strait has historically been recognised as historic waters where sovereign rights are stronger than in normal territorial seas.
- Joint management under UNCLOS provisions, particularly Article 123 on semi-enclosed seas, is both necessary and legally mandated.
Models for Cooperation
- The Baltic Sea Fisheries Convention demonstrates how neighbouring states can share quotas to conserve marine resources.
- India and Sri Lanka could adopt similar frameworks by:
- Establishing equitable quotas for fishing days and catch.
- Creating a joint marine research station on Katchatheevu to monitor ecological health.
- Encouraging deep-sea fishing in India’s Exclusive Economic Zone to reduce pressure on near-shore waters.
- These measures would simultaneously protect livelihoods, conserve resources, and strengthen bilateral trust.
The Way Forward
- Toward a Good Neighbourhood Policy
- India’s regional leadership rests not only on geography but also on shared cultural and civilisational bonds.
- With Sri Lanka, these ties are particularly deep.
- To preserve them, disputes must be insulated from populist rhetoric and addressed through quiet diplomacy, legal recognition, and livelihood security.
- Solutions require multiple layers: government-to-government negotiations to maintain treaty obligations, state- and provincial-level engagement to address local concerns, and people-to-people dialogue to counter misinformation.
- Community Sensitisation and Mutual Empathy
- Resolving the fisheries dispute also requires social understanding.
- Sri Lankan Tamil families in the Northern Province, many of whom suffered economic loss during the decades-long civil war, should not be portrayed as adversaries.
- Rather, they are fellow victims of historical hardship. Sri Lankan Tamil politicians and media can play an important role in sensitising Tamil Nadu about these realities.
- This approach would revive the bonds of fraternity that once enabled Tamil Nadu to receive Sri Lankan Tamil refugees with compassion.
Conclusion
- The fisheries crisis and the Katchatheevu issue call for pragmatic solutions rooted in law, sustainability, and compassion.
- By distinguishing between legitimate subsistence needs and unsustainable practices, developing community empathy, and embracing cooperative frameworks, both nations can turn points of contention into opportunities for deeper partnership.
- In doing so, India reaffirms its commitment to a Neighbourhood First Policy that balances regional leadership with shared prosperity.