India’s Supreme Court told: Indian Govt has no plans to reopen Katchatheevu pacts
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India’s Supreme Court told: Indian Govt has no plans to reopen Katchatheevu pacts

  • Fishermen’s concerns to be pursued through diplomatic channels

The Indian Government has told the Supreme Court that it has no intention of reopening the 1974 and 1976 agreements with Sri Lanka governing Katchatheevu and maritime fishing rights, while reiterating that concerns over Indian fishermen would continue to be pursued through diplomatic channels.

Appearing before a Supreme Court bench comprising Justices Sanjay Kumar and Sanjeev Sachdeva on Tuesday (6), Indian Attorney General R Venkataramani said India maintained good diplomatic relations with Sri Lanka but could not compel Sri Lanka to accept or comply with India’s position.

His submissions were made during the hearing of petitions challenging the 1974 Indo-Sri Lankan agreement under which Katchatheevu was recognised as being on the Sri Lankan side, as well as the subsequent 1976 agreement restricting the fishing rights of Indian fishermen in Sri Lankan waters.

Venkataramani also urged the Court to take note of the recurring issue of Indian fishermen crossing the international maritime boundary into Sri Lankan waters.

He said the depletion of fish stocks on the Indian side had contributed to fishermen from Tamil Nadu entering Sri Lankan waters. However, he stressed the need to sensitise fishermen against crossing the international maritime boundary, while noting that the issue also involved the Tamil Nadu Government.

The Supreme Court did not, during Tuesday’s proceedings, determine the constitutional or legal validity of either agreement. The challenges to the two agreements therefore remain pending.

Senior Advocate P Wilson, appearing for the petitioners in A K Selvaraj v Union of India, argued that the 1974 agreement involved a transfer of territory and therefore required an amendment to Schedule I of the Indian Constitution. He also referred to repeated arrests and alleged attacks involving Indian fishermen.

Justice Kumar observed during the proceedings that environmental practices in Sri Lanka could be a factor in explaining the movement of fish towards Sri Lankan waters.

The petitions have been pending before the Supreme Court since 2008 and challenge both the recognition of Katchatheevu under the 1974 agreement and the fishing restrictions introduced under the 1976 agreement.

The petitioners have argued that the arrangements have adversely affected the livelihood and security of Tamil Nadu fishermen.

The case has now been listed for further hearing in February 2027, with the Supreme Court yet to determine the constitutional and legal validity of the 1974 and 1976 agreements.

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