Gibbs
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Kachchatheevu island is part of this fishermen controversy
Katchatheevu Island & Controversy - Was it Constitutional to part with Indian Territory without Parliament's ratification ?
Katchatheevu Island
Was it constitutional to give away part of Indian Territory to neighbour country without Parliament's approval in 1974?
About Katchatheevu Island
* This is a controversial uninhabited island in possession of Sri Lanka.
* This island was given to Sri Lanka by India in 1974 on a conditional basis that the Indian fishermen have the rights to the rich fishing grounds in the territorial waters of Sri Lanka around Katchatheevu.
* But of recently, the frequent arrests of fishermen in Sri Lankan waters have raised the issue. Now the Tamil Nadu government has raised this as a serious issue and wants control over Katchatheevu back, on the basis that how was Katchatheevu island a part of territory of India given to Sri Lanka without any amendment passed in the parliament?
* The Tamil Nadu government has said thus the act of parting with Katchatheevu to Sri Lanka by the then Prime Minister Indira Gandhi in 1976 by a treaty which was not ratified by the Parliament becomes unconstitutional.
BS.. Under the agreement 76'.. No rights were granted to Indian fishermen to fish in Lankan territorial waters, The only rights were granted for them to dry thier nets and visit the St.Anthony's church for worship..
Q.1375 Fishing rights in Katchatheevu island
(a) & (b) The Government of India considers its maritime boundary with Sri Lanka settled under the Agreements concluded with Sri Lanka in 1974 and 1976. Under the Agreements, the Island of Katchatheevu lies on the Sri Lankan side of the India-Sri Lanka International Maritime Boundary Line. Both these Agreements were subsequently laid before Parliament. Under the Agreement, Indian fishermen are allowed access to Kachatheevu Island for rest, for drying of nets and for the annual St. Anthony's festival. The right of access is not understood to cover fishing rights around the island to Indian fishermen. Keeping in mind the humanitarian and livelihood dimensions for fishermen, Government reached an understanding with the Sri Lankan Government on 26th October 2008 to put in place practical arrangements to deal with bonafide Indian and Sri Lankan fishermen crossing the International Maritime Boundary Line.