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Katchatheevu Agreement 1976 Pdf

The preparatory notes that lead to the final irreparable rights of both parties make it clear that the rights of the pilgrims covered by Article 5 were limited to participation in the annual church festival and that the fishermen`s right of access was limited to drying and fishing their nets. Therefore, the provisions of Articles 5 and 6, taken together, do not confer fishing rights on Indian fishermen or fishing vessels in Sri Lankan waters. As a result of this process, an agreement was signed in 1976 between Sri Lanka and India on the maritime border between the two countries of the Gulf of Mannar and the Bay of Bengal and related issues. In June 2011, the new Tamil Nadu government, led by Tamil Nadu Prime Minister J. Jayalalithaa, filed a petition with the Supreme Court under which the declaration of the 1974 and 1976 Agreements between India and Sri Lanka on Katchatheevu`s resignation in Sri Lanka was unconstitutional. [5] In the Bérubari case, the court decided that the transfer of Indian territory to another country should be ratified by Parliament by a constitutional amendment. Although the agreement, which did not set fishing rights, was ceded to Sri Lanka, it allowed Indian fishermen to fish around Katchatheevu and dry their nets on the island. The contradictory and contradictory positions defended by the two agreements, established in a context of political upheaval and uncertainty, have created immense distress for the fishermen of Tamil Nadus. An estimated 500 fishermen have been killed in the waters of India and Sri Lanka over the past 30 years. There is no question that India must be bound by its international obligations, but violations of international maritime and humanitarian laws by Sri Lanka and its navy have left India with no choice but to review the 1974 and 1976 agreements. If the government chooses to do so, it would be up to the Supreme Court to decide how to proceed. Indira Gandhi, who signed the agreement with Sri Lanka and its other officials in 1974, is aware of the need for constitutional sanction before leaving Katchatheevu Island. Article VIII of the agreement concerns the ratification and exchange of instruments that should take place as soon as possible.

The main problem continues to get worse as more and more fishermen settle in Sri Lanka`s maritime area due to illegal poaching. In 2010, the Sri Lankan government issued a communication to the Tamil government Nadu that the Indian court cannot invalidate the 1974 agreement. [4] It has been reported in the media that DMK President Mr.