This article is part of the UPSC Daily Editorial Analysis, covering The Hindu editorial – " Resolving the vexatious fishing dispute," published on 13^th March, by the best UPSC coaching in Kolkata.

Syllabus: UPSC GS Paper 2: International Relations and Governance

Sri Lanka has urged India and Tamil Nadu to curb illegal fishing in its waters, citing threats to Tamil-speaking fishermen in its Northern Province. The Palk Bay dispute, centered around Kachchatheevu Island, remains unresolved, with Indian fishers crossing the International Maritime Boundary Line (IMBL), leading to arrests. Bottom trawling depletes marine resources, worsening tensions. Despite bilateral agreements, enforcement remains weak. A sustainable solution requires bilateral talks, maritime security and a regulated fishing permit system.

What is in news?

Sri Lanka recently urged India and Tamil Nadu to take firm action against illegal fishing in Sri Lankan waters. Sri Lanka emphasized the need to safeguard the livelihoods of Tamil-speaking fishermen in the Northern Province, who have been severely affected by the issue.

About India-Sri Lanka Fisheries Dispute

The Katchatheevu fishing dispute has been a major source of tension between India and Sri Lanka. Indian fishermen often cross the International Maritime Boundary Line (IMBL), sometimes unintentionally. This leads to arrests and confrontations with Sri Lankan authorities.

In Tamil Nadu, concerns grow over traditional fishing rights and the safety of Indian fishermen, making diplomatic intervention necessary. Despite India's historic support to Sri Lanka during its civil war, economic crises and natural disasters, Sri Lanka insists that real help means protecting its marine resources from illegal fishing.

Though multiple bilateral agreements exist, conflicts continue. This affects the economic, environmental and diplomatic ties between India and Sri Lanka.

Historical Context of the Fisheries Dispute

Colonial-Era Discussions (1921) on Fisheries Line

• British India and Ceylon (Sri Lanka) discussed preventing over-exploitation and agreed on a Fisheries Line three miles west of Kachchatheevu.
• The agreement was not ratified by the British Colonial Office, leading to legal uncertainties.

Post-Independence Boundary Delimitation

• India initially proposed joint administration or perpetual leasing of Kachchatheevu, but Sri Lanka rejected these proposals.
• The India-Sri Lanka Maritime Border Agreements (1974 and 1976) ceded Kachchatheevu to Sri Lanka, allowing Indian fishermen only passage rights but no fishing rights.

Impact of Sri Lankan Civil War (1983–2009)

• Weak enforcement of maritime boundaries allowed Indian mechanized trawlers to operate freely.
• LTTE conflict led to restrictions on movement, displacing Sri Lankan Tamil fishermen who migrated to India.

Post-War Escalation (2009–Present)

• Sri Lankan navy strengthened border enforcement, leading to arrests of Indian fishermen.
• Use of bottom trawling and illegal fishing by Indian boats further worsened relations.

Key Issues in the Dispute

Economic Concerns

• Tamil Nadu accounts for 40% of India’s trade with Sri Lanka. Informal trade surpasses formal trade.
• Mechanized trawlers (1,568 in 1986 to 3,339 in 2000) led to overfishing, forcing Indian fishermen into Sri Lankan waters.
• Sri Lanka loses $40 million annually due to illegal poaching, impacting local fishermen’s livelihoods.

Environmental Concerns

• The Palk Bay’s shared biodiversity leads to resource competition.
• Bottom trawling by Indian fishermen destroys marine ecosystems, reducing fish stocks.
• Sri Lanka banned bottom trawling in 2017, but weak enforcement in Tamil Nadu allows it to persist.
  

The Problem of Bottom Trawling Destructive Fishing Practices The primary concern of Sri Lankan fishermen is bottom trawling by Indian fishers, a practice that: oDepletes marine resources and destroys ecosystems. oDisrupts the breeding cycle of fish, affecting sustainability. oHarms Sri Lankan fisherfolk, who rely on traditional fishing methods. Economic Asymmetry and Livelihood Challenges The economic disparity between Tamil Nadu’s fishing community, which is relatively well-off and the Northern Province fishermen, who are still recovering from the civil war, worsens the situation. While Sri Lankan fishermen seek a sustainable fishing environment, Indian fishermen face limited fishing zones, legal restrictions and financial constraints that push them toward Sri Lankan waters.

Cultural and Political Complexities

• Tamil-speaking fishermen on both sides share historical ties.
• Tamil Nadu opposes the 1974 and 1976 agreements, legally challenging Kachchatheevu’s ceding.
• New Delhi-Tamil Nadu political disconnect hampers policy enforcement.

Challenges in Resolution

• Sri Lankan navy detaining Indian fishermen but releasing them under diplomatic pressure.
• Political resistance in Tamil Nadu, with Dravidian parties denying poaching allegations.
• Failure to enforce sustainable fishing practices, despite regulatory efforts.

Legal and International Perspectives

Both India and Sri Lanka are signatories to the United Nations Convention on the Law of the Sea (UNCLOS).

• Article 19 of UNCLOS states that illegal fishing in foreign territorial waters is a threat to peace and security.
• Article 21 allows coastal states to regulate foreign vessels violating their fisheries laws.

Sri Lanka’s claim that Indian fishermen engage in illegal fishing necessitates a diplomatic approach to avoid escalation and ensure mutual compliance with international laws.

India’s Efforts and Challenges

Policy Measures and Constraints

• The Tamil Nadu Marine Fishing Regulation Act, 1983, restricts fishing within three nautical miles, compelling Indian fishermen to venture into Sri Lankan waters.

However, alternatives such as deep-sea fishing require:

• Longer voyages (up to three weeks)
• Higher operational costs
• Skill transition, which is difficult for traditional fisherfolk.

Government Initiatives and Setbacks

The ₹1,600-crore Palk Bay deep-sea fishing scheme, launched in July 2017, has failed to yield expected results. A possible solution would be to merge this scheme with the ₹20,050-crore Pradhan Mantri Matsya Sampada Yojana to provide better financial and logistical support to fishermen.

Alternative Livelihoods

To reduce dependency on bottom trawling, India and Tamil Nadu should promote alternative income sources, such as:

• Seaweed cultivation
• Open sea cage farming
• Marine ranching

Joint Working Group (JWG) and Hotline Initiative (2016):

• Proposed by India and Sri Lanka, this aimed to reduce tensions. However, the Tamil Nadu Government was not consulted, leading to criticism over federal inclusivity.

Policy Recommendations

Fishing Permit System

• Implement a bilateral fishing permit system for designated zones in Sri Lankan waters.
• Reciprocal access for Sri Lankan fishermen to Indian waters.
• 2003 attempt failed due to inadequate proposals, requiring better enforcement mechanisms.

Regulating Fishing Practices and Timings

• Implement seasonal and spatial fishing restrictions in Palk Bay.
• Ban on bottom trawling to be enforced strictly.
• Prior attempts in 2010 failed due to opposition from Tamil Nadu, requiring a trawler buy-back scheme.

Exploring a Land Lease Agreement for Kachchatheevu

• Consider a lease model similar to the Tin Bigha corridor agreement between India and Bangladesh, where India retained sovereignty while allowing Bangladesh to use it for civilian purposes.
• A mutual agreement on Kachchatheevu could offer a win-win solution.

Strengthening Bilateral Maritime Governance

• Establish joint patrolling mechanisms to prevent illegal fishing.
• Promote India-Sri Lanka cooperation in marine conservation.

Strengthening Bilateral Dialogue

• Engage in comprehensive negotiations involving the Indian and Sri Lankan coast guards, navies and authorities.
• Tamil Nadu Government must be included to ensure a holistic approach.
• Address why Indian fishermen continue crossing IMBL despite 5000 GPS devices provided in February 2023.

Enhancing Maritime Security with Digital Solutions

• Strengthen maritime surveillance using satellite imagery and AI-driven algorithms to monitor fishing patterns.
• Improve real-time vessel tracking to prevent accidental border crossings and avoid conflicts.
• Combat drug trafficking in the Palk Strait and Gulf of Mannar, linked to the Golden Crescent and the Golden Triangle.

The Need for Bilateral Talks

Missed Opportunities for Dialogue

Despite the urgency of the issue, the Sri Lankan government has remained silent on facilitating talks between Indian and Sri Lankan fishermen. The last discussions were held in New Delhi in November 2016 and India has consistently pushed for their resumption.

The Role of Diplomacy

With Indian Prime Minister Narendra Modi’s visit to Sri Lanka in April, Colombo has a golden opportunity to:

• Support direct negotiations between fishermen.
• Strengthen bilateral cooperation on fisheries management.
• Establish long-term sustainable fishing agreements.

Conclusion

The India-Sri Lanka fisheries dispute demands an urgent resolution through diplomatic, economic and environmental cooperation. Sustainable fishing practices, legal clarity and a well-regulated permit system can help balance economic interests with maritime security while reinforcing India’s commitment to regional stability. Both nations must adopt a comprehensive approach, ensuring stakeholder participation, including the Tamil Nadu Government and local fishing communities. A solution based on dialogue, legal frameworks and technological innovations will foster stability and peace in the Palk Bay region. 

UNCLOS The United Nations Convention on the Law of the Sea (UNCLOS) establishes the legal framework for maritime activities. Adopted in 1982 and enforced in 1994, it replaced the 1958 Convention on the High Seas. As of October 2024, 169 states and the EU are parties. In 2023, a High Seas Treaty was added to protect marine life through Marine Protected Areas and environmental impact assessments. While the UN oversees ratifications, implementation is handled by bodies like the International Maritime Organization (IMO) and the International Seabed Authority (ISA).

 

PRACTICE QUESTION Q.The India-Sri Lanka fishing dispute is a complex issue. Discuss the economic, environmental and diplomatic impact of issue and suggest sustainable solutions. 250 Words

1. What is the India-Sri Lanka fishing dispute and its impact on Tamil Nadu fishermen?

It is a territorial and economic conflict where Indian fishermen, mainly from Tamil Nadu, cross the International Maritime Boundary Line (IMBL) into Sri Lankan waters, leading to arrests and diplomatic tensions.

2. Why is Kachchatheevu Island a key issue in the India-Sri Lanka maritime dispute?

Kachchatheevu was ceded to Sri Lanka in 1974, allowing only passage rights but no fishing rights for Indian fishermen, leading to ongoing legal and political challenges.

3. How does bottom trawling by Indian fishermen affect marine biodiversity in the Palk Bay?

Bottom trawling damages marine ecosystems, depletes fish stocks and disrupts the livelihoods of Sri Lankan Tamil fishermen who rely on traditional fishing methods.

4. What are Sri Lanka’s concerns regarding illegal fishing by Indian trawlers?

Sri Lanka faces economic losses of $40 million annually, environmental degradation and threats to the livelihoods of its Tamil-speaking fishermen in the Northern Province.

5. What diplomatic efforts have been made to resolve the India-Sri Lanka fishing conflict?

Bilateral agreements, the Joint Working Group (JWG) and hotline (2016) were established, but enforcement remains weak and political resistance from Tamil Nadu continues.

6. What are the possible solutions to the India-Sri Lanka fisheries dispute?

Bilateral talks, enforcement of fishing laws, alternative livelihoods (seaweed farming, marine ranching) and a regulated fishing permit system can help resolve the issue sustainably.