The Indian Central Government today told the Supreme Court that India maintained good diplomatic relations with Sri Lanka and had no intention of reopening the 1974 and 1976 agreements governing Katchatheevu and maritime fishing rights, even as the court heard petitions challenging the arrangements.
Appearing before a Supreme Court Bench comprising Justice Sanjay Kumar and Justice Sanjeev Sachdeva, Attorney General R. Venkataramani said the Indian government was pursuing concerns relating to Indian fishermen through diplomatic channels. He said India could not, however, compel Sri Lanka to accept or comply with India's position.
The Attorney General's submissions came in petitions challenging the ceding of Katchatheevu to Sri Lanka under the 1974 Indo-Sri Lankan agreement and the subsequent 1976 agreement that restricted the fishing rights of Indian fishermen in Sri Lankan waters.
The Indian government also urged the court to address the recurring issue of Indian fishermen crossing the maritime boundary. Mr. Venkataramani said depletion of fish stocks on the Indian side had contributed to fishermen from Tamil Nadu entering Sri Lankan waters.
He submitted that fishermen needed to be sensitised against crossing the international maritime boundary, while noting that the matter also involved the Tamil Nadu government.
The Supreme Court did not, during today’s hearing, adjudicate on the constitutional or legal validity of either agreement. The challenge to the two agreements therefore remains pending.
Senior Advocate P. Wilson, appearing for the petitioners in A.K. Selvaraj v. Union of India, contended that the 1974 agreement involved a transfer of territory and therefore required an amendment to Schedule I of the Constitution. He also referred to repeated arrests and alleged attacks involving Indian fishermen.
Justice Sanjay 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, pending before the Supreme Court since 2008, question both the transfer of Katchatheevu and the fishing restrictions that followed 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 posted for further hearing in February 2027. The Indian Supreme Court is yet to determine the constitutional and legal validity of the 1974 and 1976 agreements.
– with Agencies inputs --
