The Madras High Court has directed the Assistant Solicitor General to get instructions from the Union government on a Public Interest Litigation petition seeking direction to the government to refer the alleged human rights violations committed by the Sri Lankan navy for the past 34 years against Indian fishermen to the International Court of Justice.
The First Bench of Chief Justice Indira Banerjee and Justice M. Sundar passed the direction on the PIL moved by Fishermen Care, an organisation for fishermen rights, and posted the plea to July 17 for further hearing.
According to the petitioner, the rights (easement rights) of India and Sri Lanka to engage in fishing activities in the historic waters of over Palk Strait were retained in the 1974 agreement
A second agreement was signed on March 23, 1976 for demarcating the boundary between the two countries in the Gulf of Mannar and Bay of Bengal and the agreement sought only to define the boundary line in the area not covered by the earlier agreement, the petitioner said.
Subsequently, on March 23, 1976 the then Foreign Secretary of India Kewal Singh issued a letter to Sri Lanka giving away the easement right for which no Presidential approval was obtained. It is the allegation of the petitioner that, the Sri Lankan navy taking advantage of the letter which has no legal binging, has been attacking the Indian fishermen who engage in fishing in the historic waters between India and Sri Lanka.
“The reports of the Indian Coast Guard as on December 5, 2013 highlight that from 1983 to November 26, 2013 totally 111 fishermen have been killed by the Sri Lankan navy and 16 fishermen were either missing or shot dead and 439 fishermen have been injured. Nearly 136 fishing vessels seized and have not been released and several Indian fishermen were still languishing in Sri Lankan prison,” he added.
While the Tamil Nadu government has been repeatedly requesting the Union government to intervene in the issue and secure the release of the Indian fishermen and protect their traditional fishing rights, the Central government has preferred to remain as a silent spectator.
