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Sri Lankan fishermen took 118 Indian fishermen into their custody and handed them over to the Sri Lankan Police following a clash where the Indian fishermen trespassed into the territorial waters of Sri Lanka around Kachchativu area. Immediate Indian action through the Indian High Commission averted escalation of the conflict.  New Delhi is often criticized for turning a blind eye to the plight of Indian fishermen who are regularly picked up by the Sri Lankan Navy due to the tacit understanding it has with Colombo on curbing the supply lines of the LTTE that includes sympathetic coastal population in its southern state. 

The problem started with the cessation of Kachchativu by India under the Indo-Sri Lankan agreement in 1974.  Under this agreement, Indian fishermen are allowed to cross the international boundary line without any visa formalities and use Kachchativu for drying their nets and participate in the festival that is held in the island every year. But the subsequent 1976 agreement totally barred the Indian fishermen to fish in Sri Lankan waters, which adversely affected the livelihood of thousands of Indian fishermen. Though the 1976 agreement did not contain any provision for the fishermen to access the disputed island, mutual respect and common grounds of fishing had been practiced by both nations till the outburst of ethnic clashes in Jaffna in 1983 when LTTE began using few Indian fishermen on “sly trips”. Whenever Indian fishermen approached the waters around Kachchativu, they were threatened and shot at by the Sri Lankan Navy. In this regard, the Sri Lankan Government wrote to the Indian Government that it was impossible for the Sri Lankan Navy to differentiate hostile activity from fishing off Jaffna coast, especially at night.

Escalation of the ethnic conflict in Sri Lanka had its repercussions in Southern India and it invariably affected the fishing community.  In the last decade, more than 90 Indian fishermen were killed, 180 injured and 29 boats sunk in at least 140 shooting incidents involving the Sri Lankan Navy. The ongoing peace talks had given a chance to Indian fishermen to fish freely in the area. But now, Sri Lankan fishermen too have started attacking their Indian counterparts.

With the change of Kachchativu ownership, Indian fishermen lost one of their fish-dense areas. With the declaration of ceasefire and the lifting of restrictions on fishing, Sri Lankan fishermen have resumed their vocation and blocked their Indian counterparts from fishing in the Sri Lankan waters.  Many of the Sri Lankan fishermen were firm that Kachchativu was theirs and that when peace returned the disputed island would be exclusively theirs. This instigated the long pending claim of the Tamil Nadu Government and politicians that Kachchativu should be returned to India.  The State Government is displaying the 1956 records of the Survey department that shows Kachchativu as part of Tamil Nadu.  The Sri Lankan Government’s harsh treatment of the encroachments, including the incidents of firing by its Navy on Indian fishermen, is the main reason why the Tamil Nadu Government wants Kachchativu back.

Though it is argued that fishermen, in general, are uneducated and cannot identify international maritime boundary lines, this is not entirely true; that they have been navigating these waters with precision for centuries is proof enough. It might be added that in some instances violation of the international boundary happens on volition tempted by money coming through smuggling activities.  Nevertheless, accidental straying also occurs when country boats drift into Sri Lankan waters due to high waves and wind.

The Tamil Nadu Government has accepted that occasionally fishermen are forced to cross the maritime boundary due to poor fish availability within the Indian because of overexploitation. To increase fish density within the Indian boundary, the Indian Government should envisage a developmental scheme targeting improvement of fish density.

Stern action by the Sri Lankan Navy, and now even the Sri Lankan fishermen, overriding humanitarian concerns impinge on the Indian fishermen community by damaging their boats and possessions as well as their fishing business.  On the other hand, the Indian government should be attentive to issues relating to its maritime boundary and safeguard the rights of its fishermen.  It should shed its apathy and be more committed to rescuing Indian fishermen languishing in foreign prisons. A similar conflict with Bangladesh was contained by an agreement for long-term lease of fishing even in the Bangladesh border. A similar agreement can be negotiated with other Indian neighbours as well.  It would not only avert serious conflict of interests between the states but also preserve the rights of the citizens.