Syllabus
GS Paper 2 – India and its Neighborhood Relations
Context
The continuous detentions of fishermen from Tamil Nadu and Puducherry by the Sri Lankan Navy in the Palk Bay, coupled with assaults on them at sea by armed civilians despite diplomatic interventions, are raising significant worries.
Historical Background
- Historical Fishing Practices and Maritime Agreements
- For centuries, fishermen from both India and Sri Lanka have been fishing in the Palk Bay area.
- The issue only arose after a maritime agreement was signed by India and Sri Lanka in 1974. Initially, this 1974 border agreement did not impact fishing on either side of the border.
- However, in 1976, through an exchange of letters, both countries agreed to cease fishing in each other’s waters.
- Demarcation of International Maritime Boundary Line (IMBL)
- In 1974 and 1976, treaties were signed between the two countries to demarcate the International Maritime Boundary Line (IMBL).
- These treaties transformed the Palk Strait, which connects India and Sri Lanka, into a ‘two-nation pond’ under the relevant United Nations Convention on the Law of the Sea (UNCLOS) rules, excluding all third nations.
- In simple terms, the bilateral arrangement prohibits international fishing and shipping.
- Continued Fishing Despite Agreements
- Despite these agreements, the fishermen continued their activities in these waters, as they do not recognize boundaries.
- Even after the signing of maritime boundary agreements, the fishing communities of both countries continued their peaceful fishing in the Palk Bay area until the Eelam war broke out in 1983.
- Post-War Objections and Joint Working Group (JWG) on Fisheries
- After the end of the war in 2009, Sri Lankan fishermen began to object to Indian fishermen fishing in their waters.
- To address this issue, India and Sri Lanka agreed to establish a Joint Working Group (JWG) on Fisheries in 2016. This mechanism was set up to help find a permanent solution to the fishermen issue.
- Issue of Katchatheevu Island
- The tiny islet of Katchatheevu, previously utilized by fishermen for sorting their haul and drying their nets, ended up on the other side of the IMBL.
- Fishermen frequently take risks and cross the IMBL rather than returning without a catch. However, the Sri Lankan Navy remains vigilant, arresting those who cross the line or destroying their fishing nets and vessels.
Maritime Boundary Agreements
The maritime boundary agreements were signed in 1974 and 1976 between India and Sri Lanka. These agreements were intended to define the international maritime boundary between the two countries, focusing on the islet of Katchatheevu.
- 1974 Agreement and Its Implications
- Under the 1974 agreement, each country was granted sovereignty and exclusive jurisdiction and control over the waters, the islands, the continental shelf, and the subsoil on its own side of the boundary.
- Only the navigational rights of the vessels of both Sri Lanka and India over each other’s waters were preserved.
- Permitted and Prohibited Activities for Indian Fishermen
- Indian fishermen were allowed to rest, dry their nets, and visit the annual St. Anthony’s festival without the need for a visa.
- However, they were prohibited from engaging in fishing in the historic waters, the territorial sea, and the Exclusive Economic Zone of Sri Lanka.
- 1976 Agreement and Its Consequences
- The 1976 agreement stipulated that each party should respect rights of navigation through its territorial sea and exclusive economic zone in accordance with its laws and regulations and the rules of international law.
- This agreement marked the international maritime boundary of India and Sri Lanka without consulting the Tamil Nadu State Assembly.
Issues around India-Sri Lanka
- Sri Lankan Civil War, 1983
- The island turned into a battleground for conflicts between Indian Tamil fishers and a Sinhala-dominated Lankan navy during the Sri Lankan civil war in 1983.
- This led to the loss of livelihoods, properties, and lives of Indians due to accidental crossings of the International Maritime Boundary Line (IMBL).
- Bottom Trawling
- A significant number of Indian fishermen depend on trawling, a fishing method that involves dragging a large net along the seabed. This practice can cause substantial damage to the marine ecosystem.
- Tamil Nadu Marine Fishing Regulation, 1983
- According to the Tamil Nadu Marine Fishing Regulation enacted in 1983, mechanised fishing boats are only allowed to fish beyond 3 nautical miles from the coast.
- This regulation often pushes the fishermen to cross the IMBL frequently.
- Inefficient Joint Working Group (JWG)
- The Joint Working Group (JWG) was established in 2016 to meet every month to discuss fishery-related issues. However, it has only held 5 meetings so far.
- Function of JWG
- The JWG was formed to handle fishery-related issues between India and Sri Lanka.
- It looks into the feasibility of not detaining fishermen who stray within five nautical miles of the IMBL on either side.
- It contemplates releasing small fishing boats and their fishermen on humanitarian grounds.
- It works to improve coordination between the Indian and Sri Lankan Navies to prevent illegal activities.
Fishing Disputes and Concerns between India and Sri Lanka
- Poaching Concerns
- To boost productivity and profits, the Indian government promoted mechanised trawlers and technologically advanced fishing practices.
- This led to a significant depletion of fish on the Indian side of the Palk Bay, pushing them to venture further into Sri Lankan waters to poach.
- Fishing is a major economic activity in Sri Lanka’s Northern Province, contributing to over a third of the country’s catch.
- The poaching by Indian fishermen in Sri Lankan waters results in an estimated annual loss of 40 million dollars for Sri Lanka, adversely affecting the livelihoods of people in coastal towns.
- Environmental Issues
- The exploitative fishing practices of Indian fishing trawlers, particularly bottom trawling, have severely damaged the ecosystem, marine life, and fish stocks in the Palk Bay over the long term.
- The Tamil Nadu Marine Fisheries Regulation Act of 1983, which promotes deep-sea fishing, has proven ineffective.
- In response to concerns raised by Sri Lankan fishermen whose livelihoods were threatened by encroaching Indian bottom trawlers depleting marine resources, Sri Lanka banned all bottom trawling in 2017.
- Coastal Security Challenges
- Sri Lanka often releases detained trawlers and Indian fishermen to maintain bilateral relations with India.
- However, since the end of the civil war in 2009, the Sri Lankan navy has increasingly detained numerous Indian fishermen and trawlers encroaching on national territory.
- Cultural Factors
- Local fishermen in both Sri Lanka and India are Tamil speakers and share cultural and festive traditions due to centuries of religious, literary, migratory, and marital connections.
- However, these connections have been detrimentally affected in recent years by the issues of coastal insecurity and overfishing.
Potential Solutions to the India-Sri Lanka Fishing Dispute
- Holistic Approach and Fisher-Level Talks
- The first step towards a peaceful resolution is to acknowledge that there are other stakeholders involved, including the governments of the Northern Province and Tamil Nadu, and the fishing communities in both countries.
- The shared language, culture, and religion of the two countries can be leveraged to resolve disputes.
- Leasing Kachchatheevu Island
- India could potentially lease the island of Kachchatheevu, allowing Indian fishermen to operate nearby without Sri Lanka relinquishing its ownership.
- This could be modelled after the Tin Bigha case, where a perpetual lease allowed Bangladeshis to use the area for civilian purposes despite Indian sovereignty.
- Permitting Licensed Fishermen
- Licensed Indian fishermen could be allowed to fish within a designated area of Sri Lankan waters, and vice versa.
- This could persuade Sri Lanka to permit licensed Indian fishermen to fish in Sri Lankan waters for five nautical miles from the IMBL.
- The 1976 boundary agreement, which allowed licensed Sri Lankan fishermen to fish in the fertile Wadge Bank near Kanyakumari for three years, serves as a precedent.
- Establishing the Palk Bay Authority
- A Palk Bay Authority could be created, comprising fisheries experts, marine ecologists, fishermen’s representatives, strategic specialists, and government officials.
- This authority could determine the ideal sustainable catch, the type of fishing equipment that can be used, and the number of fishing dates for Indian and Sri Lankan fishermen.
- Diplomatic Engagement and Ecological Protection
- Diplomatic engagement would signal the Indian government’s commitment to maintaining strong relations with Sri Lanka and promoting sustainable fishing practices. The focus should be on enriching marine resources and improving the quality of life of coastal people.
- Bilateral Cooperation and Effective Mechanisms
- The Tamils on both sides could cooperate on solutions like introducing multiday boats for deep-sea fishing.
- The Joint Working Group (JWG), established to address fisheries-related issues, should meet every three months to improve efficiency and enforcement. The JWG has agreed to commission joint research on fisheries at the earliest.
- Regulating Fishing Activities and Implementing a Buy-Back Scheme
- India can regulate fishing activity in the Palk Bay to reduce overfishing and ban the extremely harmful practice of bottom trawling to preserve and restore the ecosystem of the Indian side of the Palk Bay.
- A buy-back scheme for trawlers could be funded by the Tamil Nadu government and the central government in India and implemented within two years.
- These mechanised trawlers could later be purchased by other state governments for use in waters where they do not harm the ecosystem and coastal environments.
- Alternative Livelihood Opportunities
- The Central and State government need to proactively implement the Pradhan Mantri Matsya Sampada Yojanato cover alternative livelihood measures including seaweed cultivation, open sea cage cultivation, and sea ranching.
In conclusion, the essence of successful diplomacy lies in transforming a crisis into an opportunity. There is a pressing need to encourage fishermen from Tamil Nadu to venture into deep-sea fishing. With the Palk Bay progressively turning into a channel for drug trafficking, joint naval cooperation could be a viable solution to combat this issue. By adopting these measures, the Palk Bay, currently a disputed territory, could be restored to its historical status as a shared heritage, fostering peace and cooperation for centuries to come.
Source: The Hindu 1 | The Hindu 2
Practice Question
The India-Sri Lanka fisherman issue has been a longstanding bilateral concern. Discuss the historical context, key issues, and potential solutions for this dispute. Also, analyze the role of international maritime laws and bilateral agreements in shaping the dynamics of this issue. [250 words]