During a hearing on the attacks and arrests of Tamil Nadu fishermen by Sri Lankan authorities, Attorney General for India R Venkataramani said, “The government does not want to get into it. They entered into it initially but then dropped it at some point of time. India has an excellent relationship with Sri Lanka, which it does not want to spoil.”
A Supreme Court bench comprising Justice Sanjay Kumar and Justice Sanjeev Sachedeva, on October 6, 2026, while hearing a writ petition challenging the ‘unconstitutional ceding of the Katchatheevu island to Sri Lanka through the Indo-Sri Lankan maritime agreement in 1974 and the 1976 agreement restricting the rights of TN fishermen’, posed a question to the AG as to how long it can keep the matter pending.
Justice Sanjay Kumar asked if there was any development in the matter about the interpretation of the international treaty, asking, “Are you talking to them about the treaty?”
The AG replied, “The Union government does not want to get into it. They entered into it initially but then dropped it at some point of time in view of the excellent relationship with Sri Lanka, which India does not want to spoil.”
The bench, on October 6, orally remarked that Indian Tamil fishermen need to be sensitised against entering the territorial sea of Sri Lanka for fishing at Katchatheevu island.
The AG said, “Tamil Nadu fishermen cross the maritime border as fish are not available on Indian shores due to apparent pollution. He said if they continue to go there for fishing, they will be arrested.”
The Central government said, “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 alive to the situation and are taking diplomatic measures.”
TN Additional Advocate General Prashanto Chandra Sen justified Indian fishermen’s fishing there, saying they do not pollute the rivers.
It has been regular that TN fishermen are arrested, attacked, shot dead, injured and jailed, while their boats and fish catches are destroyed or confiscated. Successive Dravidian governments have merely been doing lip service whenever they are arrested, blaming the Central government or holding protests. It is true, reportedly, that they cross the maritime borders not only for fishing but also for handing over smuggled items such as drugs, essential provisions and petrol, which are costly in the island nation.
Fishermen either avoid fitting GPS or deactivate it during such illegal activities. GPS is used to track their movement in case of an emergency and to rescue them. But they are avoiding it for the reasons stated above.
During the hearing, Justice Sanjay Kumar asked, “What is the Central government doing on this issue?”
Senior Advocate and RS DMK MP P Wilson, appearing for the fishermen, argued that for the agreement to be ratified, a Schedule of the Constitution is required to be amended, which has not happened. “The repeated arrests and attacks against fishermen are a real concern for us.”
Additional AG for Tamil Nadu Haripriya said, “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 it to take action to protect fishermen, especially in light of the recent 20 arrests by the Sri Lankan Navy.
Justice Kumar orally said, “I have been to Sri Lanka myself and I was amazed to see that I could not see anyone trashing on the road, and even in the old city. They are civic conscious, unlike us. That is a sad situation. So obviously they do not dump anything into their seas also. If they don’t do it on their roads, they would not do it in their seas. That is perhaps the reason why the fish perhaps stray away to the Sri Lankan waters.”
The Court said, “Either you sensitise the fishermen not to go beyond a particular point. Something needs to be done about arrests.”
The AG said, “Fishermen belong to TN and it’s the Tamil Nadu government that will have to sensitise them.”
The Court said that necessary measures needed to be taken to protect the fishermen, which the AG objected to, saying that such a statement from the Court may impact the diplomatic relations between the two countries.
The bench posted the matter for February 2027, adding, “Learned AG states that the government is alive to the issues and would take necessary measures in terms thereof.”
There has been an ongoing controversy over the claim that Katchatheevu was ceded to Sri Lanka with the cooperation of then Tamil Nadu Chief Minister M Karunanidhi by then Prime Minister Indira Gandhi.
Former Tamil Nadu Chief Minister J. Jayalalithaa moved the Supreme Court of India in August 2008 to declare the 1974 and 1976 Indo-Sri Lankan agreements ceding Katchatheevu island as null, void and unconstitutional.
She argued that the agreements were not ratified by Parliament and that the Indian government handed over Katchatheevu through an executive act without the mandatory constitutional amendment, citing the 1960 Berubari Union case, in which the Supreme Court ruled that no Indian territory can be ceded to another country without Parliament passing a constitutional amendment under Article 368.
