THE 1974-1976 TRAITOROUS AGREEMENTS

The Island of Katchatheevu is a part of the Indian Union. It is very much within the sovereign and territorial limits of this Nation. Yet, the Central Government refuses to acknowledge this basic fact and transcending all its Constitutional authority, the Centre has allowed Sri Lanka to exercise its suzerainty over Katchatheevu Island. This has emboldened the Sri Lankan navy to continue with its unabated killing of our Tamil Fishermen. While, the Central Government is solely responsible for this malady, the DMK which occupies a predominant position in the Centre remains a mute spectator over the happenings.
Over the years the Government of India is making an unfounded statement that it has ceded its rights over Katchatheevu Island. By reciting the same statement over a long period of time, this untrue statement is now made to be believed as true. In the case of Katchatheevu Island this drama is unfolding since 1974. On 31.08.2010, during the discussion in the Lok Sabha and in earlier discussions in the Rajya Sabha, over Katchatheevu Island, the External Affairs Minister Mr.S.M. Krishna, asserted the following as his reply which are in fact false statement:

S.M. Krishna on the right

“Katchatheevu Island belong to Sri Lanka”
“What had been given is given”
“The agreement is solemn”
“It cannot be abrogated”
“It is not possible to provide security to the fishermen who transcend the borders”
“Sri Lanka is our friendly Nation”

What Mr. S.M. Krishna is referring to as solemn is the Agreement of the year 1974. This agreement can at the most be termed as a half printed currency note. It requires patience and endurance to understand the issue of Katchatheevu Island. The Sea between India and Sri Lanka is divided into Three Sectors. 1. The sea between Rameswaram and Talaimannar up to Adams BridgSe, which constitute the Palk Strait. (Katchatheevu Island is situated in this Sector at a distance of 11 nautical miles North East from Rameswaram and 18 nautical miles North West from Sri Lanka’s Talaimannar).
2. The Gulf of Mannar which is situated south of Adams Bridge.
3. The remaining portion excluding the Palk Strait and Gulf of Mannar the Bay of Bengal.
The Government of India and Sri Lanka have executed two agreements one during 1974 and another during 1976, over these three Sectors.

THE FIRST AGREEMENT :
The then Indian Prime Minister Mrs.lndira Gandhi and the then Sri Lankan President Mrs.Bandara Naickae executed the first ever agreement on Katchatheevu Island, in the year 1974, which amongst other things, primarily dealt with demarcating the sea boundary around Palk Strait which comprises the Island of Katchatheevu. This agreement also dealtwith the rights of the respective nations over the demarcated area.

THE SECOND AGREEMENT :
The second agreement was entered into in the year 1976, between the foreign Secretaries of both the nations. It covered the remaining area viz., the Bay of Bengal and Gulf of Mannar, which were hitherto not covered in the earlier 1974 agreement. This agreement dealt with the rights of the respective nations over these sectors. Both the 1974 and 1976 agreements are independent of each other and they deal with two different sectors in the Sea. The covenants and substance of both these agreements are entirely different. Both these agreements are often mistaken as pertaining to one and the same issue and this confusion serves as an asset to the opponent while it is a malady to us. Before venturing to understand the 36 year long continued sufferings of our Tamil fishermen, we should first clear ourselves of our doubt in this issue. The 1974 agreement signed by leaders of both the nations and which is vehemently relied on by Mr.S. M.Krishna, requires an in-depth study.

THE 1974 INDO SRILANKAN MARITIME BOUNDARY AGREEMENT :
This agreement consists of VIII Articles. Article I, deals with demarcating the Maritime Boundary over Palk Straits which comprises the Katchatheevu Island. The principle of Equi-Distance demarcation, normally followed in International treaties was not followed, but instead the demarcation was carried on with a sole object of forgoing Katchatheevu Island to Sri Lanka. As such the Maritime Boundary was drawn above Katchatheevu Island at its West.
If the principle of Equi-Distance demarcation was followed, the Maritime Boundary would have fallen to the East of Katchatheevu Island and the Island would be well within the Indian Maritime Boundary.
The United States did not agree to this demarcation, which did not follow the principle of Equi-Distance demarcation. In a nutshell, the principle of Equi-Distance Demarcation, hundreds of documents from the year 1605 and the uninterrupted possession over the Island over the past thousand years would establish that the Island of Katchatheevu is part of the Indian territory. The fact that Katchatheevu Island is an Indian territory and had been ceded to Sri Lanka is embedded in Article V of the agreement which deals with the traditional rights of the Fishermen and Pilgrims to go over to the Katchatheevu island.

ARTICLE V :
Subject to the Foregoing Indian fishermen and pilgrims will enjoy access to visit Katcha Teevu as hitherto and will not be required by Sri Lanka to obtain travel documents or visa for these purposes. Article VI of the agreement protects the Indian fishing vessels right to venture into and stay in Sri Lankan waters.

ARTICLE VI :
The vessels of India and Sri Lanka will enjoy in each other’s waters such rights as they have traditionally enjoyed therein.

Article VII deals with effective utilization by both the countries of Gas and other mineral resources that may be discovered in this Sector. Although, this agreement include ceding Katchatheevu Island to Sri Lanka, in effect this agreement upholds and safeguards the traditional rights of our fishermen over this sector of the Sea, which include Island of Katchatheevu and the area surrounding it. The Island of Katchatheevu had remained within the suzerainty of both the Nations. When two sovereign nations exercise their suzerainty over a land or Island, such joint exercise of power is termed a Condominium. International Law permits exercise of such suzerain power by two or more nations over rivers, Seas and the land mass abutting the sea. The exercise of joint suzerain power by England and France since 1934 over Candon and Endenbury is a best example. The 1974 Indo Sri Lankan Pact, is based on this principle of joint exercise of suzerain power and not a complete ceding of territory as it is being portrayed by Mr.S.M.Krishna.

Even then the act of foregoing the territory of Island of Katchatheevu by Indira Gandhi is an act contrary to the Constitution of India. The Indian Constitution does not permit nor does it authorize any person to cede the country’s territory to any other Nation.

In 1958 when the village of Berubari was to be ceded to Pakistan, the then Indian President make a reference to the Supreme Court, under Article 143 (1) of the Constitution of India, seeking its view on the constitutionality of ceding the territory. The Supreme Court constituted an 8 member Bench, which after much deliberation, advised the Union Government, to carry out necessary amendments to Article 368 before ceding the territory. Accordingly, the Union Government amended Article 368 and thereafter ceded the territory to Pakistan.

Mrs.Indira Gandhi, who signed the 1974 agreement with Sri Lanka and her other officials as well, are quite aware of the need to obtain a Constitutional sanction before ceding the Island of Katchatheevu. Article VIII of the agreement refers to ratification and exchange of instruments which should take place at the earliest possible time.

ARTICLE VIII :
This agreement shall be subject to ratification. It shall enter into force on the date of exchange of the instruments of the ratification which will take place as soon as possible.
Article VIII of the agreement stipulates obtaining a ratification, which could be done by bringing a suitable amendment to the constitution before enforcing the agreement. No such ratification or sanction has been obtained. As such this agreement has lost its sanction, has become inoperative and unenforceable. The statement of External Affairs Minister Mr. S.M.Krishna, before Parliament, that this agreement cannot be abandoned it a contemptuous statement transcending the Constitution, for which act, the External Affairs Minister, the Prime Minister and his Council of Minister should be held responsible. It is this agreement of the year 1974, which has contributed to killing of nearly 500 Indian Fishermen, permanently disabled 1000 of them and disappearance at the same number.

This agreement which makes a mockery of the Indian Constitution, is according to our External Affairs Minister, Mr.S.M.Krishna, as declared by him before the parliament “a solemn agreement.” Mr.S.M.Krishna and his Ministerial counterparts have failed to remember having taken an oath to protect and preserve the Constitution. The numerous documents in hand, our Constitutional provisions, the covenants in the 1974 agreement, supports our view that India has a suzerain power over the Island of Katchatheevu, and continues to exercise that power and will continue to exercise the power over Katchatheevu and the surrounding Seas. In effect the Indian fishermen too exercise such rights over the Katchatheevu Island and the surrounding Seas. I challenge Mr.S.M.Krishna to defer with me. If he could disprove my statement I am ready to face the gallows. If my statement is upheld, will Mr.S.M.Krishna, amputate his tongue for having repeated a false and disproved statement.