The way forward on Katchatheevu, Palk Strait disputes
For Prelims:
What:
The fisheries conflict between India and Sri Lanka in the Palk Straits, alongside debates around the sovereignty of Katchatheevu island, represents a mix of livelihood, ecological, and diplomatic challenges.
Why:
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Indian trawlers engage in bottom trawling in Sri Lankan waters, causing ecological damage.
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Artisanal fishers on both sides suffer due to resource depletion and contested access.
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Misconceptions around Katchatheevu’s sovereignty fuel political rhetoric, though the 1974 India–Sri Lanka Maritime Boundary Treaty legally settled the issue.
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UNCLOS (Article 123) mandates cooperation in semi-enclosed seas like the Palk Bay.
Who:
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Fisher communities of Tamil Nadu (India) and Northern Province (Sri Lanka).
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Governments of India and Sri Lanka.
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International legal frameworks: UNCLOS, FAO’s Code of Conduct for Responsible Fisheries (1995).
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Tamil Nadu State Government and Sri Lanka’s Northern Provincial Council.
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Regional stakeholders in South Asia impacted by India’s “Neighbourhood First Policy.”
For Mains:
GS II – International Relations / Governance / Regional Cooperation
Context:
India has historically promoted peace and cooperation in South Asia through Panchsheel, NAM, SAARC, and the “Neighbourhood First Policy.” However, unresolved issues with Sri Lanka, particularly the Palk Straits fisheries crisis and Katchatheevu island sovereignty, continue to strain bilateral relations. PM Narendra Modi’s April 2025 visit to Colombo brought renewed focus on adopting a humane, cooperative approach that balances livelihoods with ecological sustainability.
Highlights of the Article:
Livelihood vs. Conservation Conflict:
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Fishing communities of Tamil Nadu and Sri Lanka’s Northern Province share historic dependence on Palk Straits.
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Bottom trawling by Indian mechanised vessels damages coral, shrimp habitats, and fish stocks.
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Sri Lanka banned bottom trawling in 2017, but violations persist.
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Tamil Nadu’s artisanal fishers also suffer due to trawler-driven depletion, creating intra-community conflict.
International Legal Dimensions:
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UNCLOS emphasises equitable and sustainable use of marine resources.
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FAO’s 1995 Code of Conduct rejects destructive fishing practices.
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“Historic waters” status of Palk Bay reinforces sovereign rights of India and Sri Lanka.
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International precedents (Minquiers & Ecrehos case, Rann of Kutch arbitration) show sovereignty is based on administrative control, not rhetoric.
Katchatheevu Misconceptions:
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Small, barren island settled under 1974 Treaty — legally binding and consistent with historic precedents.
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Myths of India “gifting” the island distort public debate.
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Fishing rights are distinct from sovereignty over the islet.
Cooperative Solutions:
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Dialogue between fisher organisations for quotas, seasonal rights, and regulated access for artisanal fishers.
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Community sensitisation: highlight hardships faced by Sri Lankan Tamils during civil war to build empathy.
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Joint frameworks: Baltic Sea–style quotas, marine research station on Katchatheevu, deep-sea fishing alternatives in India’s EEZ.
- For centuries, fishing communities from Tamil Nadu and Sri Lanka’s Northern Province have relied on the Palk Straits as common waters. In recent times, however, tensions have grown due to Indian mechanised trawlers engaging in bottom trawling within Sri Lankan territory.
- The United Nations Convention on the Law of the Sea (UNCLOS) underscores not just fair use of marine resources but also their protection, while the FAO’s 1995 Code of Conduct for Responsible Fisheries categorically discourages destructive methods such as bottom trawling.
- Although Sri Lanka prohibited bottom trawling in 2017, hundreds of Indian trawlers continue the practice, destroying coral reefs, damaging shrimp habitats, and exhausting fish stocks.
- Ironically, this practice also harms Tamil Nadu’s small-scale traditional fishers, whose sustainable methods leave them with dwindling near-shore resources, compelling them to enter disputed waters.
- Hence, the issue is not only about territorial rights but also a clash of livelihoods — between large-scale commercial trawler operators seeking profit and artisanal fishers who rely on the sea for survival.
- Any long-term solution must clearly separate the needs of artisanal fishers from those of trawler owners. The latter cannot demand sympathy, as their profits come at the cost of ecological balance and community well-being. By contrast, small-scale fishers, who have depended on these waters for generations, deserve protection and humane consideration.
- Progress is possible through structured dialogue between fisher associations from both nations. With the approval of Sri Lankan fishers, arrangements such as regulated access, seasonal rights, or catch quotas could be designed to allow limited fishing opportunities for Tamil Nadu’s small fishers until local stocks are replenished.
- Equally important is raising community awareness. Sri Lankan Tamil leaders and media can play a constructive role by drawing attention in Tamil Nadu to the hardships faced by Northern Province fishers during the decades-long civil war, when military restrictions cut off their sea-based livelihoods.
- These families, already victims of prolonged economic loss, should not be cast as adversaries but recognised as fellow sufferers. Such recognition would strengthen goodwill.
- It is also worth recalling that during Sri Lanka’s conflict, Tamil Nadu opened its doors to refugees, providing camps and humanitarian support — a legacy of compassion that must be preserved to sustain fraternal ties
- Public discussions often wrongly present Katchatheevu, a small uninhabited islet in the Palk Straits, as the core of the fisheries dispute. This is a misconception. The island, less than half a square mile in size, is barren except for the church of St. Anthony, which Tamil Nadu fishermen continue to visit annually under the provisions of the 1974 India–Sri Lanka Maritime Boundary Treaty.
- That agreement formally placed Katchatheevu under Sri Lankan jurisdiction and, being a boundary treaty, carries binding legal force under international law (pacta sunt servanda). Such treaties cannot be unilaterally overturned without undermining global stability — much like China’s attempts to question its settled borders with India have done.
- Popular claims that Indira Gandhi “gifted” the islet to Sirimavo Bandaranaike are misleading. The decision was based on historical records demonstrating Sri Lanka’s stronger claim, including evidence of administrative control under Portuguese, Dutch, and earlier Jaffna kingdom rule.
- International legal precedents support this. In the Minquiers and Ecrehos case (ICJ, 1953), sovereignty went to the U.K. over France, not because of historic claims but due to effective jurisdiction.
- Similarly, in the Rann of Kutch arbitration (1968), sovereignty was decided on administrative evidence. Following this reasoning, India acknowledged Sri Lanka’s superior claim to Katchatheevu.
- Therefore, the idea of “retrieving” the island is more political rhetoric than a matter of legal justice. The sovereignty issue is closed under international law. What remains relevant, however, are the fishing rights, which are separate from ownership of the islet.
- The Palk Straits and nearby waters have long been recognised by both India and Sri Lanka as “historic waters”, where sovereign rights are stronger than in ordinary territorial seas.
- This means no third state enjoys “innocent passage” or fishing rights without explicit permission. Courts in India, such as in the 1904 Madras High Court ruling (Annakumaru Pillai vs Muthupayal and Ors.), have upheld traditional rights over such resources, validating India’s acceptance of the 1974 boundary as consistent with historical precedent.
- International frameworks encourage joint management. UNCLOS Article 123 requires cooperation in semi-enclosed seas like the Palk Bay and Gulf of Mannar. Successful examples exist, such as the Baltic Sea Fisheries Convention, where quotas are shared among multiple states to ensure sustainability.
- India and Sri Lanka could adopt similar arrangements — such as setting fair quotas for fishing days and catch, establishing a joint marine research station on Katchatheevu, and promoting deep-sea fishing within India’s EEZ. These steps would reduce stress on coastal resources and discourage illegal crossings, while fostering cooperative conservation
- India’s role as a regional leader is defined not only by its geography but also by its deep-rooted cultural and civilisational bonds. With Sri Lanka, these connections are particularly strong. Safeguarding this relationship requires moving away from populist narratives and instead focusing on quiet diplomacy, adherence to legal commitments, and protection of shared livelihoods.
- The path forward must work on multiple fronts — from government-to-government dialogue that upholds treaty obligations to engagement at the State and Provincial levels, involving Tamil Nadu and Sri Lanka’s Northern Provincial Council. Community-level exchanges can also build empathy and counter divisive media portrayals.
- If managed with wisdom, the disputes surrounding Katchatheevu and the Palk Straits could evolve into opportunities for partnership rather than contention.
- The two countries are bound not only by shared seas but also by centuries of cultural, religious, and familial linkages. Addressing the fisheries question fairly requires prioritising the needs of artisanal fishers while ensuring ecological balance.
- On the other hand, the Katchatheevu matter is already a closed legal issue and should not be allowed to overshadow the more pressing task of sustainable resource management. By establishing a joint fisheries framework, promoting deep-sea fishing opportunities, and honouring existing legal agreements, both Tamil Nadu’s and Northern Sri Lanka’s fishing communities can move from rivalry to cooperation.
- In the larger perspective of regional diplomacy, such local disputes should not distract from the overarching goal — fostering peace, prosperity, and mutual respect across South Asia
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Mains Practice Question
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