Katchatheevu Island
For Prelims: Exclusive economic zone, constitutional provisions for acquiring any territory, 1974 agreement. For Mains: Concerns with the Katchatheevu Island that India needs to Address, implications of the Katchatheevu Island Controversy. |
Why is it in the news?
Recently, Prime Minister Narendra Modi brought up the contentious issue of ceding Katchatheevu.
Historical Background:
Katchatheevu is a small, uninhabited island measuring roughly 285 acres situated in the Palk Strait between India and Sri Lanka. While seemingly insignificant, it holds historical, religious, and maritime importance for both nations.
The Dispute:
- Historical Claims: The island was originally controlled by the king of Ramnad (present-day Ramanathapuram, Tamil Nadu). Both India and Sri Lanka have laid claim to it, with India citing historical control and Sri Lanka claiming territorial ownership.
- Shifting Sands: During British rule, the island was administered jointly. Post-independence, the maritime boundary remained undefined, leading to the 1974 agreement demarcating the International Maritime Boundary Line (IMBL). This agreement placed Katchatheevu on the Sri Lankan side.
The Issues:
- Fishermen’s Livelihood: The agreement granted Indian fishermen access to the island for religious purposes but not for fishing. This clashed with their traditional fishing practices, leading to discontent and frequent arrests by Sri Lanka.
- Tamil Nadu’s Discontent: The Tamil Nadu government and fishermen communities felt sidelined during the agreement. They argue the island’s cession happened without proper consultation and disregards historical ties.
Current Situation:
- Uneasy Standoff: The 1974 agreement remains, but the issue continues to simmer. Tamil Nadu pushes for retrieval or access rights, while the Indian government maintains the island wasn’t ceded, just placed on the Sri Lankan side of the IMBL.
1974 Agreement: · As per the 1974 Agreement, every nation is granted sovereignty, exclusive jurisdiction, and authority over the oceans, islands, continental shelf, and subsurface that lie within their respective borders.
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- Legal Tussle: The Tamil Nadu government has challenged the agreement in the Supreme Court, arguing it requires a constitutional amendment.
Concerns with the Katchatheevu Island that India Needs to Address:
- Bilateral Relations: The Katchatheevu issue highlights the complexities of India-Sri Lanka relations. It requires a nuanced approach that balances national interests with regional cooperation.
- Federal Issues: The dispute exposes the Centre-State dynamic, particularly regarding maritime rights and concerns of coastal communities.
- International Law: The case touches upon the interpretation of maritime boundaries and agreements between nations.
Potential Solutions:
- Joint Management: A framework for joint management of the island and surrounding waters, ensuring sustainable fishing practices and addressing livelihood concerns.
- Fishermen Welfare: Strengthening communication and protocols between authorities to minimize accidental intrusions and ensure humane treatment of apprehended fishermen.
- Dialogue and Consultation: Open communication between India, Sri Lanka, and Tamil Nadu fishermen representatives to find a mutually agreeable solution.
The Katchatheevu issue remains a sensitive one. A balanced approach that addresses the concerns of all stakeholders is crucial for fostering stronger India-Sri Lanka ties and ensuring the well-being of fishing communities.
How India can acquire or cede territory as per constitution? In India, the acquisition or cession of territory is governed by the Constitution of India and various laws enacted by the Parliament. Here’s how it can happen: · Through Treaty or Agreement: The President of India, acting on the advice of the Council of Ministers, has the power to enter into treaties or agreements with other countries regarding the acquisition or cession of territory. However, any such treaty or agreement must be ratified by Parliament. · Constitutional Amendment: If the acquisition or cession of territory involves changes to the boundaries of states or alteration of the territory of India, it would require a constitutional amendment. This process involves the introduction of a bill in either house of Parliament, which must be passed by a two-thirds majority of the members present and voting, and then ratified by at least half of the state legislatures. · Presidential Orders: In some cases, the President of India may issue orders under the provisions of Article 370 or Article 371 of the Constitution, which pertain to special provisions for certain states or regions. Such orders may relate to the extension or alteration of laws to the concerned territory. · Judicial Determination: In rare cases, disputes regarding the boundaries or territorial claims may be adjudicated by the judiciary, particularly the Supreme Court of India. The court’s decision would be binding and could result in the alteration of territory. · Mutual Agreement with States: If the acquisition or cession of territory affects the boundaries of states, the consent of the concerned state(s) is typically sought through negotiation and mutual agreement. This is particularly relevant in cases where territorial adjustments are proposed between neighboring states. Cession of Berubari, Exchange of Enclaves with Bangladesh, Transfer of South Talpatti Island (New Moore Island) are some of the examples acquired territories of India. It’s important to note that any acquisition or cession of territory must be done in accordance with the principles of international law, respect for sovereignty and territorial integrity, and the interests of the people residing in the affected areas. Additionally, any changes to the territory of India must be consistent with the federal structure of the country and the principles of democracy and rule of law enshrined in the Constitution. |