The Supreme Court today(October 6) orally remarked that the Indian Tamil fishermen need to be sensitised against entering the territorial sea of Sri Lanka for fishing at the Katchatheevu island.

A bench comprising Justice Sanjay Kumar and Justice Sanjeev Sachdeva was hearing writ petitions challenging the "unconstitutional ceding" of the Katchatheevu island to Sri Lanka through the Indo-Sri Lankan Maritime Agreement 1974, and also the 1976 agreement restricting the rights of fishermen. While adjourning this matter today, as was sought by the Attorney General for India R. Venkataramani, the Court questioned how long it can keep the matter pending.

Justice Kumar also asked if there is any development in the matter about the interpretation of the international treaty: "Are you talking to them about the treaty?"

To this, the AG responded: "The government doesn't want to get into it. They entered into it initially but then dropped it at some point of time." The AG added that India has "excellent relationship" with Sri Lanka, which it does not want to spoil.

Our fishermen don't pollution: State of TN to Court

Arguments were also made by both sides on the alleged pollution in the river, which causes the fish to stray to the Sri Lankan side.

AG stated that due to the apparent pollution, fish are not available on Indian shores, and that is the reason why the fishermen cross the Indian waters. He added that if they continue to go there for the purpose of fishing, they will be arrested. "Fishermen are told not to go into the territorial waters of Sri Lanka, they still venture there. Look what happens is today, the fishermen in Tamil Nadu have virtually depleted fish availability in Tamil Nadu and therefore they want to go there. We are polluting our seas. They are not coming here."

He added that the Indian Government is, however, "alive to the situation" and is taking steps diplomatically. Contending this, Additional Advocate General for the State of Tamil Nadu Prashanto Chandra Sen defended the Indian fishermen and submitted that they don't pollute the rivers.

On the continued arrest of Indian fishermen, Justice Kumar asked what the government is doing about the issue. Senior Advocate P Wilson(for the fishermen) submitted that for the agreement to be ratified, Schedule I of the Constitution was required to be amended, which has not happened. He also raised the issue of repeated arrests and attacks against fishermen.

Additional Advocate General for the State of Tamil Nadu Haripriya also made arguments, submitting that the issue should be resolved by the Centre with Sri Lanka. Both counsels also referred to the recent letter by the Chief Minister of Tamil Nadu to the Centre, requesting them to take action to protect fishermen, especially in light of the recent 20 arrests by the Sri Lankan Navy.

To this, Justice Kumar orally remarked that unlike Indian fishermen, Sri Lankans have better civic sense and therefore they don't pollute their waters, and perhaps that is the reason why fish stray outside Indian waters.

He said: "I have been to Sri Lanka myself, and I was amazed to see that I couldn't see anyone trashing on the road, and even in the old city. They are so civic-conscious, unlike us. That is a sad situation. So obviously they don't dump anything into their seas also. If they don't do it on their roads, obviously they wouldn't do it in their seas. That is perhaps the reason why the fishes perhaps stray away to the Sri Lankan waters."

While keeping the matter for February 2027, Justice Kumar stated that something needs to be done about the arrests, perhaps sensitising the Tamil fishermen not to cross the maritime border. "Either you sensitise the fishermen to not go beyond a particular point."

AG Venkataramani responded that these fishermen belong to Tamil Nadu and it is the State government that will have to sensitise them. The Court initially ordered that necessary measures may be taken for protection of the Indian fishermen, but AG objected, requesting that such a statement from Court may impact the diplomatic relations between the two countries. However, Justice Kumar said news about this needs to be created to make the Indian fishermen conscious of what they are doing.

It ordered: "Learned Attorney General states that the government is alive to the issues and would take necessary measures in terms thereof. List in February."

It may be noted that the matter was adjourned on the last occasion as well as the AG had informed the Court that they are expecting a Sri Lankan delegation and that the government will try to sort out the issues.