Stating that the 1974 agreement between India and Sri Lanka by which Kachchatheevu was ceded to the latter was not Constitutionally valid and it should be abrogated, the Tamil Eelam Supporters Organisation (TESO) decided to approach the Supreme Court to get the island proclaimed as an integral part of India.
The consultation meeting of TESO was held at Anna Arivalayam in Chennai on April15 presided over by its Chairman and DMK President Kalaignar and participated by DMK General Secretary Prof. K.Anbazhagan, Treasurer Thalapathi M.K.Stalin, DK President K.Veeramani, VCK President Thol.Thirumavalavan, Dravida Iyakka Tamilar Peravai General Secretary Prof. Suba.Veerapandian, Tmt.Subbulakshmi Jagadeesan, DMK Parliamentary Party leader T.R.Baalu, Organising Secretary T.K.S.Elangovan, Senoir lawyer Shanmugasundaram, former MLA D.Ravikumar and Kali.Poongundran.
Two resolutions were passed in the meeting.
The resolution on Kachchatheevu explained that the sea area between India and Sri Lanka between Adams bridge near Rameswaram and Kodikkarai in Nagapattinam district is called Palk strait and it is historical waters. Palk Baysea area was for centuries under the control of British imperialism. Traditionally fishermen of both India and Sri Lanka were fishing in the whole of this sea area with full rights. This right of fishermen of both countries continued even after independence of both nations.
According to section 6 of the agreement entered into by Prime Minister if India Indira Gandhi and Sri Lankan Prime Minister Sirimavo Bandaranayaka on 26 ad 28 June, 1974, the right for fishing for fishermen of both countries was given continuously. That is the above said agreement ratified the traditional rights of fishermen of both countries for fishing in the sea of Palk Bay.
The governments of India and Sri Lanka had to abide by all sections of this agreement and neither of them could prevent the traditional rights enjoyed by fishermen. Moreover, both governments had the responsibility to give total protection to fishermen.
The government of Sri Lanka could not on any account prevent Indian fishermen from fishing. But on the contrary the Sri Lankan government was daily preventing some way or other Indian fishermen fishing under traditional rights. The Lankan naval forces were engaged in acts of seizing the boats of Indian fishermen, damaging their fishing nets, arresting fishermen and snatching their catches, which were against international laws.
When the 1974 agreement was reached the then DMK government opposed it in the initial stage itself. When the pact was signed overruling the objections, the DMK government pressed for at least fishing rights for Tamil Nadu fishermen in the Kachchatheevu area, right of Indian fishermen to participate in the festival in the church there and the right of fishermen to dry their nets there, and these sections were included in the agreement. But in 1976 when the DMK government was dismissed and Governor’s rule was in Tamil Nadu during Emergency, these sections in the pact were removed.
Hence, the Government of India had the duty and responsibility to protect the traditional rights for fishing given to fishermen by 1974 agreement and protect their lives. But so far over 600 Indian fishermen had been killed by Lankan naval forces. But the Government of India had so far not found any permanent solution to stop these atrocities and save Indian fishermen. In historical waters no area could be defined as ‘waters of a nation’. The sovereignty of a nation had particular geographical limits. But it had been an internationally agreed norm that in historical waters there were no ‘sea boundary lines’ to prevent fishing rights.
Hence, in the situation of Sri Lankan government continuing to violate traditional fishing rights recognised in the 1974 agreement, with the intention of putting a full stop to the atrocity of Lankan naval forces attacking Tamil Nadu fishermen, with the necessity suitable protection should be given to fishermen of TN fishing in Palk Bay historical waters, this meeting of TESO resolved that the Government of India should come forward to totally abrogate the 1974 agreement between India and Sri Lanka.
Moreover, Kachchatheevu was an integral part of India and ceded to Sri Lanka by 1974 agreement by the Government of India in spite of our opposition in the Assembly and Parliament. If any part of India had to be ceded to another country, it had to place for consideration of Parliament and a legislation passed vide Article 368 of the Constitution of India. As no such legislation was passed as far as Kachchatheevu was concerned, the ceding of the island by this agreement is Constitutionally invalid is the truth. Hence the meeting resolved to approach the Supreme Court through TESO to abrogate 1974 agreement and get the island proclaimed as an integral part of India.
By another resolution, the meeting severely condemned the arrest of 26 fishermen of Karaikal by Lankan naval forces on April 5 and remanded by court there up to April 19 and urged the Centre to do the needful to get them released immediately.
The consultation meeting of TESO was held at Anna Arivalayam in Chennai on April15 presided over by its Chairman and DMK President Kalaignar and participated by DMK General Secretary Prof. K.Anbazhagan, Treasurer Thalapathi M.K.Stalin, DK President K.Veeramani, VCK President Thol.Thirumavalavan, Dravida Iyakka Tamilar Peravai General Secretary Prof. Suba.Veerapandian, Tmt.Subbulakshmi Jagadeesan, DMK Parliamentary Party leader T.R.Baalu, Organising Secretary T.K.S.Elangovan, Senoir lawyer Shanmugasundaram, former MLA D.Ravikumar and Kali.Poongundran.
Two resolutions were passed in the meeting.
The resolution on Kachchatheevu explained that the sea area between India and Sri Lanka between Adams bridge near Rameswaram and Kodikkarai in Nagapattinam district is called Palk strait and it is historical waters. Palk Baysea area was for centuries under the control of British imperialism. Traditionally fishermen of both India and Sri Lanka were fishing in the whole of this sea area with full rights. This right of fishermen of both countries continued even after independence of both nations.
According to section 6 of the agreement entered into by Prime Minister if India Indira Gandhi and Sri Lankan Prime Minister Sirimavo Bandaranayaka on 26 ad 28 June, 1974, the right for fishing for fishermen of both countries was given continuously. That is the above said agreement ratified the traditional rights of fishermen of both countries for fishing in the sea of Palk Bay.
The governments of India and Sri Lanka had to abide by all sections of this agreement and neither of them could prevent the traditional rights enjoyed by fishermen. Moreover, both governments had the responsibility to give total protection to fishermen.
The government of Sri Lanka could not on any account prevent Indian fishermen from fishing. But on the contrary the Sri Lankan government was daily preventing some way or other Indian fishermen fishing under traditional rights. The Lankan naval forces were engaged in acts of seizing the boats of Indian fishermen, damaging their fishing nets, arresting fishermen and snatching their catches, which were against international laws.
When the 1974 agreement was reached the then DMK government opposed it in the initial stage itself. When the pact was signed overruling the objections, the DMK government pressed for at least fishing rights for Tamil Nadu fishermen in the Kachchatheevu area, right of Indian fishermen to participate in the festival in the church there and the right of fishermen to dry their nets there, and these sections were included in the agreement. But in 1976 when the DMK government was dismissed and Governor’s rule was in Tamil Nadu during Emergency, these sections in the pact were removed.
Hence, the Government of India had the duty and responsibility to protect the traditional rights for fishing given to fishermen by 1974 agreement and protect their lives. But so far over 600 Indian fishermen had been killed by Lankan naval forces. But the Government of India had so far not found any permanent solution to stop these atrocities and save Indian fishermen. In historical waters no area could be defined as ‘waters of a nation’. The sovereignty of a nation had particular geographical limits. But it had been an internationally agreed norm that in historical waters there were no ‘sea boundary lines’ to prevent fishing rights.
Hence, in the situation of Sri Lankan government continuing to violate traditional fishing rights recognised in the 1974 agreement, with the intention of putting a full stop to the atrocity of Lankan naval forces attacking Tamil Nadu fishermen, with the necessity suitable protection should be given to fishermen of TN fishing in Palk Bay historical waters, this meeting of TESO resolved that the Government of India should come forward to totally abrogate the 1974 agreement between India and Sri Lanka.
Moreover, Kachchatheevu was an integral part of India and ceded to Sri Lanka by 1974 agreement by the Government of India in spite of our opposition in the Assembly and Parliament. If any part of India had to be ceded to another country, it had to place for consideration of Parliament and a legislation passed vide Article 368 of the Constitution of India. As no such legislation was passed as far as Kachchatheevu was concerned, the ceding of the island by this agreement is Constitutionally invalid is the truth. Hence the meeting resolved to approach the Supreme Court through TESO to abrogate 1974 agreement and get the island proclaimed as an integral part of India.
By another resolution, the meeting severely condemned the arrest of 26 fishermen of Karaikal by Lankan naval forces on April 5 and remanded by court there up to April 19 and urged the Centre to do the needful to get them released immediately.
No comments:
Post a Comment