Katchatheevu Island Dispute

Katchatheevu Island Dispute

Core Issues in the Dispute

• Sri Lanka has consistently restricted Indian fishermen's access to waters around Katchatheevu, citing violations of the EEZ agreement.
• This has resulted in:
• • Frequent arrests of Indian fishermen.
  • Allegations of custodial violence.
  • Seizure of fishing vessels.
• The central contention lies in the divergent interpretations of the 1974 agreement, with India emphasizing traditional fishing rights and Sri Lanka maintaining a strict legal interpretation.

Positions of Key Stakeholders

Tamil Nadu Government

• The state has persistently argued that Katchatheevu rightfully belongs to India.
• In 1973 and 1991, successive Chief Ministers called for the retrieval of the island, with one suggesting a perpetual lease arrangement.
• In 2025, Chief Minister M.K. Stalin reiterated the demand, asserting that reclaiming Katchatheevu is the only permanent solution to the distress of Tamil Nadu’s fishermen.
• The Tamil Nadu government has:
• • Passed a resolution in the Legislative Assembly to reclaim the island.
  • Written 76 letters to the Union Government for the release of Indian fishermen.
  • Secured the release of over 1,300 fishermen from Sri Lankan custody.

Union Government of India

• In 2013, the Central Government informed the Supreme Court that Katchatheevu was not Indian territory and hence its retrieval was legally irrelevant, as the issue had been resolved through the 1974 and 1976 agreements.
• In 2022, the Union Government reaffirmed in the Rajya Sabha that Katchatheevu lies on the Sri Lankan side of the International Maritime Boundary Line.

The matter is currently pending adjudication before the Supreme Court.

United Nations Convention on the Law of the Sea (UNCLOS), 1982

Overview:

• UNCLOS is an international treaty that establishes a comprehensive legal framework governing marine and maritime activities.
• It is commonly known as the Law of the Sea.
• The convention defines state jurisdiction and rights over maritime zones, providing differentiated legal status to each zone.
• It serves as the primary framework for coastal state governance of offshore areas and regulates navigation and marine resource management.
• Although widely ratified, UNCLOS interpretations remain contested in certain regions, notably the South China Sea and East China Sea.

Maritime Zones under UNCLOS:

Baseline:

• Defined as the low-water line along the coast from which the breadth of the territorial sea and other maritime zones are measured.
• Recognized officially by the coastal state.

Internal Waters:

• Waters landward of the baseline, including bays, ports, inlets, rivers, and lakes connected to the sea.
• Coastal state exercises full sovereignty, similar to land territory.
• No right of innocent passage for foreign vessels.
• Coastal states may suspend passage rights.

Territorial Sea:

• Extends up to 12 nautical miles (nm) seaward from the baseline.
• Coastal state exercises full sovereignty over surface waters, seabed, subsoil, and airspace.
• Sovereignty is subject to the right of innocent passage for foreign ships, which cannot threaten peace or security.

Contiguous Zone:

• Extends up to 24 nm from the baseline.
• Functions as a buffer zone beyond the territorial sea.
• Coastal state has jurisdiction to prevent and punish violations of customs, fiscal, immigration, and sanitary laws.
• Jurisdiction limited to ocean surface and seabed; no airspace rights granted.

Exclusive Economic Zone (EEZ):

• Extends up to 200 nm from the baseline beyond and adjacent to the territorial sea.
• Coastal state has sovereign rights for exploring, exploiting, conserving, and managing natural resources (living and non-living) of the seabed and subsoil.
• Rights include production of energy from water, currents, and wind.
• Does not confer rights to restrict freedom of navigation or overflight, except under limited circumstances.

High Seas:

• Maritime areas beyond the EEZ are termed high seas.
• Designated as the “common heritage of mankind” with no national jurisdiction.
• Open for peaceful uses such as navigation, marine scientific research, and undersea exploration.
• Activities must comply with international regulations and peaceful principles.

PYQ:

With reference to the United Nations Convention on the Law of the Sea, consider the following statements:

1. A coastal state has the right to establish the breadth of its territorial sea up to a limit not exceeding 12 nautical miles, measured from baselines determined in accordance with the convention.
2. Ships of all states, whether coastal or land-locked, enjoy the right of innocent passage through the territorial sea.
3. The Exclusive Economic Zone shall not extend beyond 200 nautical miles from the baseline from which the breadth of the territorial sea is measured.

Which of the statements given above are correct?

1. 1 and 2 only
2. 2 and 3 only
3. 1 and 3 only
4. 1, 2 and 3