To restore fi shing rights Katchatheevu should be retrieved: Chief Secretary

MADURAI: Tamil Nadu Government always maintained a stand that Katchatheevu Islet, which was gifted to Sri Lanka, should be retrieved by India to restore the traditional fi shing rights of State fi shermen in Palk Bay, Tamil Nadu Chief Secretary Debendranath Sarangi has said to High Court. In his counter affi davit fi led before the Madurai Bench of the Madras High Court (HC) here last evening to a batch of petitions seeking direction to the Centre to protect the fi shermen from the frequent attacks by Sri Lankan Navy, Mr Sarangi said there was enough evidence to prove that Katchatheevu, a small barren uninhabited island spread over 285.2 acres in the Palk Strait off Rameswaram, was part of India and historically it was ceded to Sri Lanka under the Indo-Srilankan maritime agreement in 1974 without consulting the state government. Subsequently, another agreement was signed between the two countries in 1976 under which the boundaries between the two countries in Gulf of Mannar and Bay of Bengal were settled. In pursuant to those agreements, Tamil Nadu fi shermen were not permitted fi shing in the areas where they had been fi shing traditionally for centuries. The area available for fi shing near Rameswaram was only six nautical miles portion. No proper fi shing grounds were available in the area as it had rocks and coral reef, he said. The ethnic confl ict in Lanka in 1983 and the subsequent developments made the Sri Lankan government declare their area as a prohibited security zone for fi shing. However, Tamil Nadu fi shermen used to cross the Indian territorial waters and fi sh in the Palk waters, which was their traditional fi shing ground. The fi shermen straying into the disputed waters in search of fi shing for their livelihood were apprehended, harassed and event shot dead by Lankan Navy, he submitted. Claiming that 167 incidents of shootings as well as attacks on Tamil Nadu fi shermen had taken place since 1991, the State government said 85 fi shermen had died and 180 suffered injuries. Similarly, 146 fi shing boats and 746 Tamil fi shermen were apprehended by the Lankan navy since 2006 of which 131 boats and 741 fi shermen were repatriated. The inhumane action of Sri Lankan Navy in shooting and assaulting Tamil Nadu fi shermen was against the United Nations Convention on Laws of the Sea 1982, which states that fi shermen apprehended by a foreign country on charges of poaching or illegal fi shing should be treated in a humane manner. The legalities or sovereignty of nations do not bind the poor and innocent fi shermen just like fi sh which have no trans-boundaries. Any decision or stipulation that harms the traditional fi shing practices in the Palk Bay will deprive thousands of fi shermen and also their families that directly depend on fi shing profession, of their right to livelihood and make them starve. The fi shermen could not be deprived of their traditional fi shing grounds in the Palk Bay by imposing artifi cial restrictions such as International Maritime Boundary Line, it contended. The possible solution to the problems was re-examining those two agreements between India and Sri Lanka. The Centre could get Katchatheevu and adjacent Seas on “Lease in Perpetuity” for fi shing and other activities associated with it. Such a move would serve the double purpose of upholding Sri Lanka’s sovereignty as well as permitting Tamil Nadu fi shermen to carry on their fi shing without any problems. The government also suggested implementation of licensed fi shing method through which licensed Tamil Nadu fi shermen could be allowed to fi sh in Lankan waters up to fi ve nautical miles. It also cited some International treaties signed between various countries such as China and Japan, Australia and Indonesia, China and South Korea, China and Vietnam for granting traditional fi shing rights to fi shermen in disputed waters and stated that the Centre could not deny such rights to Tamil fi shermen by claiming that the words “traditional rights” found in the 1974 agreement does not include fi shing rights. Chief Minister J Jayalalitha had written a series of letters to Prime Minister seeking restoration of traditional fi shing rights of Tamil Nadu fi shermen. Underlining that it was the mandatory duty of the Indian maritime forces to give protection to Tamil Nadu fi shermen and their property in Indian waters, the affi davit said the security agencies should ensure that all the fi shermen were given protection while fi shing in the Sea by liaising with the Sri Lankan Navy. The case was posted for hearing on February 23.