The current demand for the retrieval of the island can be traced back to the opposition it faced when the agreement was signed in 1974. During the parliamentary debates in July 1974, major opposition parties staged walkouts in both Houses. The case is still active in the Supreme Court and has not seen a solution yet
By Annunthra Rangan
On March 31, 2024, Prime Minister Narendra Modi strongly criticised the Congress and DMK for its decision to cede the Katchatheevu island to Sri Lanka back in 1974 during the tenure of the then Prime Minister, Indira Gandhi. This issue has gained traction during the 2024 Lok Sabha elections with recent news reports bringing it to the forefront. The details revealed in the Right to Information Act (RTI) shed light on the conflicting territorial claims concerning the Katchatheevu island. Sri Lanka had asserted its claims soon after gaining independence. Opposition parties, even during the tenure of late Prime Minister Jawaharlal Nehru, had raised concerns about the Indian government’s inclination towards relinquishing control of the territory.
Situated northeast of Rameswaram in Tamil Nadu and southwest of Sri Lanka’s Delft Island, Katchatheevu spans no more than 1.6 kilometres in length and slightly over 300 metres at its widest point. The island’s contentious history dates back to 1921 when it became a subject of dispute between the Madras Presidency and Sri Lanka (Ceylon) during British colonial rule. In October 1921, representatives from both colonial governments convened in Colombo for a conference aimed at discussing the delimitation of the Palk Strait and the Gulf of Mannar. B Horsburgh, leading the Ceylon delegation, advocated for delimitation along the median line, proposing a deviation westward to include Katchatheevu. He cited previous correspondence with the Indian government to support Sri Lanka’s claim over the islet, which had not been contested by India.
Officials from the Madras Presidency acknowledged the historical lease of Katchatheevu by the Raja of Ramnad (Ramanathapuram—a district in Tamil Nadu), but refrained from further disputing the claim. In a bid to avoid dissolution of the conference, they proposed a compromise, agreeing to the requested deviation in the median line without prejudicing the territorial claims of the Madras Presidency or the Indian government. However, this agreement was never ratified, as the Secretary of State remained unconvinced of its validity, leaving the status of Katchatheevu unresolved.
Amidst various backdrops, the Indo-Sri Lankan Maritime agreements of 1974 and 1976, which included the cession of Katchatheevu to Sri Lanka, aimed to regulate fishing activities in the Palk Straits and solidify exclusive economic zones for both nations. Indira Gandhi’s decision to relinquish India’s claim over Katchatheevu was motivated by a perception of the island’s limited strategic importance. By doing so, she sought to build stronger ties with Sri Lanka and prevent the influence of external actors in the Southern Indian Ocean region. Despite efforts to resolve the dispute, it persisted even after both countries gained independence. However, the agreements failed to address fishing rights, leading to ambiguity regarding Indian fishermen’s access to Katchatheevu, restricted by Sri Lanka to activities such as resting, net drying, and visits to the Catholic shrine without requiring a visa. Indira Gandhi’s decisions sparked protests in Tamil Nadu during the mid-1970s and beyond.
Geological speculations prior to the treaties suggested the potential existence of oil and gas reserves in the Wadge Bank area. This is reflected in the agreements of 1974 and 1976, which outlined terms for dealing with oil, gas, or mineral discoveries in the Palk Straits, particularly in Wadge Bank—an area renowned for its biodiversity and marine resources, hosting one of only twenty such banks globally.
The Wadge Bank off Cape Comorin, part of India’s continental shelf, spans roughly 3,000 sq km and lies approximately 189 km from Colombo. Prior to the agreements, both Indian and Sri Lankan fishermen utilised the area, renowned for its abundant marine life. As a gesture of goodwill, India permitted Sri Lankan fishing boats access to the region for three years post-treaty enactment, later compensating with fresh fish supplies for five years.
According to the 1976 agreement, the Wadge Bank, falling within India’s exclusive economic zone, grants India sovereignty over the area and its resources. The agreement explicitly prohibits fishing activities by Sri Lankan fishing vessels and their crew within the Wadge Bank area. Under the agreement, Sri Lankan fishing vessels were limited to a maximum of six in number, with their combined annual fish catch restricted to 2,000 tonnes. Following the expiration of this three-year period, Sri Lankan vessels seized fishing activities in the Wadge Bank, a development that was duly communicated to Parliament.
The current demand for the retrieval of Katchatheevu island can be traced back to the opposition it faced when the agreement was signed in 1974. During the parliamentary debates in July 1974, a weighty portion of the Opposition, including parties like the DMK, AIADMK, Jan Sangh, Swatantra Party and the Socialist Party, staged walkouts in both Houses. At the forefront of this dissent was former Prime Minister Atal Bihari Vajpayee, then leader of the Jan Sangh, who argued that the decision to transfer the island had been made without proper consultation with the people and Parliament.
The 1976 agreement between India and Sri Lanka expanded the border of the Palk Bay region in the Gulf of Mannar and the Bay of Bengal. These agreements were founded on principles of national sovereignty and were facilitated by the positive personal rapport between then Indian Prime Minister Indira Gandhi and Sri Lankan Prime Minister Sirimavo Bandaranaike. Despite their perceived success, the cession of Katchatheevu remained contentious in Tamil Nadu. Article 4 of the Agreement delineated that each State possesses sovereignty, exclusive jurisdiction, and control over the waters, islands, continental shelf, and subsoil within its respective side of the maritime boundary in the Palk Strait, Palk Bay, with Katchatheevu Island being recognized as situated within Sri Lankan waters. Subsequently, the Article affirmed that Indian fishermen and pilgrims would maintain their traditional access to the island, without being obligated by Sri Lanka to procure travel documents or visas for these purposes.
Following the agreements, there was a period of relative harmony among cross-border fishermen. However, the Sri Lankan civil war, spanning from 1983 to 2009, weakened Sri Lanka’s capacity to enforce borders and protect territorial waters, while India’s fishing fleets and technology advanced. Heightened security measures during the conflict led to periodic fishing prohibitions on the Sri Lankan side, with instances of Sri Lankan navy detainment and harassment of Tamil fishermen.
In the 1990s, the Indian side of the Palk Strait saw an increase in bottom-trawl fishing trawlers. With the Sri Lankan military engaged in battling the Liberation Tigers of Tamil Eelam, its navy had limited presence in the region, allowing Indian fishing boats to enter Sri Lankan waters regularly. In 1991, during J Jayalalithaa’s first term, the Tamil Nadu assembly sought the retrieval of Katchatheevu and restoration of traditional fishing rights for Indian Tamil fishermen. However, due to the civil war in Sri Lanka, this demand could not be pursued. The international agreement between India and Sri Lanka concerning Katchatheevu has led to Sri Lanka’s refusal to link the island’s status with the issue of Tamil fishermen.
However, in August 1991, Jayalalithaa reignited the issue during her Independence Day address, initially demanding its retrieval and later modifying the demand to seek a “lease in perpetuity” for the island. The Tamil Nadu assembly witnessed numerous debates on the matter, and over the past 15 years, both Jayalalithaa and Karunanidhi have approached the Supreme Court seeking resolution on the issue. After the end of the civil war in 2009, the Sri Lankan navy intensified patrols, resulting in arrests and destruction of Indian fishing boats for violating maritime boundaries. This sparked renewed demands from political parties in Tamil Nadu, including the DMK and AIADMK, to reclaim Katchatheevu.
Since assuming office as chief minister of Tamil Nadu in 2011 again, Jayalalithaa repeatedly raised the demand for the retrieval of Katchatheevu. In 2012, amidst escalating incidents of Indian fishermen being arrested in Sri Lankan waters, she urged the Supreme Court to expedite her petition. The case is still active in the Supreme Court and has not seen a solution yet. Recently, in January 2024, the Indian government initiated the process of inviting bids for oil and gas exploration in the Wadge Bank area. This action prompted protests from fishermen in Tamil Nadu and Kerala, expressing concerns about potential disruptions to their livelihoods and environmental impacts.
The BJP leadership, including Prime Minister Narendra Modi, External Affairs Minister S Jaishankar, Finance Minister Nirmala Sitharaman, and Tamil Nadu BJP chief K Annamalai, has criticised the Congress and DMK for allegedly surrendering Katchatheevu to Sri Lanka. Modi stated that “weakening India’s unity, integrity, and interests has been the Congress’ modus operandi for 75 years, while asserting that the DMK has failed to safeguard Tamil Nadu’s interests”. Despite the election campaign rhetoric, the Indian government has not taken any tangible steps to explore the possibility of reclaiming the island.
The dispute over Katchatheevu Island has remained a longstanding issue, marked by historical complexities, political tensions, and legal considerations. Despite political rhetoric and periodic attempts to address the matter, concrete steps towards resolution have been limited, with the issue remaining subject to judicial scrutiny and ongoing debate. The implications extend beyond diplomatic relations, impacting the livelihoods of fishermen and the broader socio-economic dynamics of the region.
—The writer is a Research Officer at Chennai Centre for China Studies. Her research interests constitute China – WANA (West Asia & North Africa) relations and human rights