Marking the 50th anniversary of the Emergency, External Affairs Minister S Jaishankar has ignited a political debate by attributing the recurring arrests of Indian fishermen by Sri Lanka to a controversial agreement struck during that period. Jaishankar stated that this agreement, which allegedly relinquished Indian fishermen's rights in certain Sri Lankan sea areas, would not have been possible had a genuine Parliament been functioning at the time. He made these remarks at an event organized by the Bharatiya Janata Yuva Morcha (BJYM).
The core of the issue lies in the Indo-Sri Lankan Maritime Boundary Agreement of 1974, under which India recognized Sri Lanka's sovereignty over Katchatheevu, an uninhabited island in the Palk Strait. This agreement and a subsequent one in 1976, aimed to demarcate maritime boundaries and manage fishing rights, have become a focal point of contention. While the 1974 agreement initially allowed Indian fishermen and pilgrims access to Katchatheevu without travel documents, the 1976 agreement restricted fishing in each other's exclusive economic zones.
Jaishankar argues that the consequences of these decisions are still acutely felt in Tamil Nadu, where fishermen have been facing arrests and harassment by Sri Lankan authorities for decades. He criticized the then government, suggesting that prioritizing the "family" (alluding to the Gandhis) over the country led to such agreements that compromised the rights of Indian fishermen. He also recalled the difficulties faced by foreign service officers in defending India's position after the "murder of the Constitution and democracy" during the Emergency.
The issue of Katchatheevu has a long and complex history. The island, located between Neduntheevu, Sri Lanka, and Rameswaram, India, has traditionally been used by fishermen from both countries. However, with the maritime agreements, Katchatheevu and the surrounding seas fell under Sri Lanka's jurisdiction. This has led to frequent instances of Indian fishermen crossing the International Maritime Boundary Line (IMBL), often unintentionally, in search of a fresh catch, resulting in arrests and seizure of their boats by the Sri Lankan Navy.
Several factors contribute to this persistent problem. Depletion of fish stocks in Indian waters forces fishermen to venture into Sri Lankan territory. A lack of multi-day fishing capabilities prevents Indian fishermen from exploring offshore areas beyond the Palk Bay. The issue is further complicated by differing perceptions, with Tamil fishermen believing that Katchatheevu is traditionally their territory and that they have a right to fish there, while Sri Lankan authorities view this as endangering the livelihood of their fishermen.
In March 2025, the issue gained renewed attention when Tamil Nadu Governor RN Ravi blamed the 1974 agreement for the distress of the fishing community, criticizing the then governments in Delhi and Chennai for depriving Indian fishermen of their traditional fishing rights. Tamil Nadu Chief Minister MK Stalin has also voiced concerns, alleging that the central government has remained indifferent to the arrests and harassment faced by Indian fishermen, despite multiple letters seeking diplomatic intervention.
Finding a lasting solution to the Indo-Sri Lankan fishing dispute remains a challenge. Suggestions have included India seeking to lease Katchatheevu in perpetuity and allowing licensed Indian fishermen to fish in designated areas of Sri Lankan waters, and vice versa. There is also a need to provide alternative means of livelihood for Indian fishermen to reduce their dependence on the Palk Bay.
