INTRODUCTION

BACKGROUND IF THE ISLAND

• Location: Katchatheevu is located northeast of Rameswaram, around 33 km from the Indian coast, it lies approximately 62 km southwest of Jaffna, Sri Lanka's northernmost point.
  
• Volcanic origin: This barren island, according to some official reports, is said to have formed from a volcanic eruption in the 14th century.
  
• Architecture: The island is home to St. Anthony's Church, built in the early 20th century, where annual festivals are jointly conducted by Christian clergy from India and Sri Lanka, attracting pilgrims from both nations. St Antony is considered to be the patron deity of seafarers.

History of Katchatheevu Negotiations

• During the early medieval period, Katchatheevu came under the control of Jaffna Kingdom of Sri Lanka.

• Later the island came under the governance of Ramanad Raja, as a zamindari in Ramanathapuram within the Madras Presidency during British rule, from 1795 to 1803. 

• India and Sri Lanka have both asserted claims over Katchatheevu since at least 1921 when a survey positioned the island within Sri Lanka's boundaries. However, this was disputed by a British Indian delegation, citing the ownership of the island by the Ramanad kingdom. Despite efforts, the dispute remained unresolved even after Independence.

• In 1974, during Prime Minister Indira Gandhi's tenure, the two governments signed the first maritime boundary  agreement on June 26 in Colombo and June 28 in New Delhi. This agreement resolved the vexed question of disputed sovereignty over Kachchativu island.

• The maritime boundary line between India and Sri Lanka followed the 'median line' principle, with adjustments made in the Palk Straits in relation to Kachchatheevu.

Important aspects of the 1974 and 1976 agreements between India and Sri Lanka

About the 1974 Agreement

• Katchatheevu:. This agreement effectively meant that the island would be under the jurisdiction and control of Sri Lanka, marking a significant change in its status.

• Boundary: The 1974 agreement delineated the India-Sri Lanka international maritime boundary line  in the Palk Strait.

• Rights of Indian Fisherman: The 1974 India-Sri Lanka Maritime Boundary Agreement allowed Indian fishermen access to Katchatheevu for rest, drying of nets, and participation in the annual St. Anthony's festival. While the agreement permitted Indian fishermen and pilgrims to visit Katchatheevu without visas or travel documents, it did not address their fishing rights.

What happened in between these two agreements?

In June 1975, PM Indira Gandhi declared a state of Emergency.At the same time, there was a requirement for the identification of maritime boundaries in accordance with the United Nations Convention on the Law of the Sea (UNCLOS), a treaty that India intended to ratify and eventually did so in 1982. Moreover India passed the Territorial Waters, Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act in 1976. This was followed by correspondence between the foreign secretaries of both countries which resolved the maritime boundary between the two countries, culminating in another agreement in 1976.

About the 1976 Agreement

• Wadge Bank:  This agreement granted  India full sovereignty over the area and its resources, affirming that it is within India's exclusive economic zone.

• Terms of the agreement : The 1976 agreement prohibited Sri Lankan fishing vessels from fishing in the Wadge Bank. However, as a goodwill gesture, India allowed licensed Sri Lankan boats to fish in the area for three years after establishing India's exclusive economic zone. However, only six Sri Lankan fishing vessels were permitted, with an annual catch limit of 2,000 tonnes. Additionally, there was a subsequent five-year grace period during which India agreed to sell 2,000 tonnes of fish to Sri Lanka annually at an agreed price.

• If India decided to explore the Wadge Bank for petroleum and mineral resources during this three-year period, Sri Lankan fishing activities in the area were to cease upon the commencement of exploration.

• Boundary: The agreement in 1976  defined the boundary of India and Sri Lanka in the Gulf of Mannar and Bay of Bengal.

• Rights of Indian Fishermen: The 1976 Agreement explicitly prohibited Indian fishermen from fishing in Sri Lankan waters.

Did India lose or gain?

The maritime boundary agreements signed between India and Sri Lanka in the 1970s generally favour India. 

• Disputed territory:  The status of Katchatheevu was disputed at best. Neither country, even when ruled by the British, could claim sovereign rights on the island without contradicting the other. So, to say that it was lost by India doesn't seem correct since it was never exclusively India’s to begin with. The Agreement followed the fair and equitable to both sides principles in demarcating the boundary.

• More share: One notable outcome of the agreement is the division of the area in the Palk Bay, totaling 2,100 square nautical miles, between India and Sri Lanka. India received a slightly larger share, with a ratio of 1.02:1, meaning India obtained 0.02 units more than an equal share.

• Resource rich Wadge Bank: The Wadge Bank, is recognized as a rich fishing ground, whereas Katchatheevu, a 285-acre uninhabited island in the Palk Bay, has limited value. Thus India gained sovereign rights over the resource rich and strategically important Wadge Bank.

• More clarity on issues : Improved the bilateral relationship on a stronger footing and also provided clarity on fishing activities, exploitation of hydrocarbon resources and other rights.

India’s Loss:

• These agreements were made without sufficient consultation with Tamil Nadu's fishing community.

• Acknowledging Katchatheevu as belonging to Sri Lanka.

RTI Revelations on Territory Dispute:

1. 2015 MEA RTI Reply: In 2015, the Ministry of External Affairs (MEA) stated in response to an RTI query that there was no exchange or transfer of Indian territory as part of the 1974 agreement. This was because the area in question had never been officially delineated.

2. Recent RTI: BJP Tamil Nadu state chief Annamalai's recent RTI inquiry revealed documents discussing the territory issue, including a background report by the then commonwealth secretary YD Gundevia from 1968 and records of a meeting between the former foreign secretary and Tamil Nadu's then-chief minister, M. Karunanidhi. These documents highlight the indecisiveness of India's approach until 1974 when it ultimately abandoned its claim on the island.

Should India get it back?

• Bilateral agreement : In 1974, Katchatheevu was ceded to Sri Lanka through an agreement, and it now serves as a boundary between the two countries which makes it difficult to get it back.

• Probable war: India's Attorney General stated in response to a petition filed by the then Tamil Nadu government in 2014 in Supreme Court that retrieving the island would require war, implying that the matter is closed. The petition is still pending in the Supreme Court.

• Stance of Central government :The Indian government has not undertaken significant actions to explore the feasibility of reclaiming Katchatheevu. India's Minister of External Affairs stated that the matter is currently under judicial consideration.

• Stance of Sri Lanka: There has been no official communication from India to Sri Lanka regarding the issue, according to Jeevan Thondaman, a Minister in Sri Lanka's Cabinet.He also mentioned that India has not made any requests to regain control over Katchatheevu, and Sri Lanka will respond if such a communication is received.

CONCLUSION