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Ref: UA/6/2004 Date : 08-10-2004
To
Honourable Chief Minister,
Chief Minister Special Cell,
Fort St. George, Chennai.
Dear Madam,
SUBJECT: 5 Fisher folks are at risk of being jailed in Mannar in Srilanka - Immediate action requested.
1. Moorthy [38], ID:023820, S/o. Shanmugam, Tuticorin
2. Raja [25], ID : 4478, S/o. Selvaraj, Rameswaram
3. Murugan [34], ID : 6167, S/o. Gurusamy, Rameswaram
4. Kadar Mohideen [37], ID : 2156, S/o. Pakre Ravoothar, Ramaswaram
5. Murugaraj [a] Nagaraj [30], ID : 9242, S/o. Alagar, Rameswaram
 Tamilnadu with its 1076 km of coastline (15 per cent of the country's
coastline). The State has a fishermen population of about 7.37 lakhs, of which
2.80 lakhs fishermen are actively engaged in fishing from 591 fishing villages.
At present there are 12,000 mechanised fishing boats and 50,700 traditional
crafts registered, of which 20,000 crafts have been motorized with outboard
motors engaged in marine fishing. Fishing is the sole occupation of these fisher
folks living along the east coast of Tamil Nadu. Their life-style, community and
social life are centered in this sea.
5 Fisher folks are at risk of being jailed in Mannar in Srilanka, following a
decision by the Mannar lower court. Alongwith them, 5 mechanised boats were
also seized by the Sri Lankan Navy.
|
|
S.No |
Boat No: |
Owner Name |
Driver Name |
|
| |
1. |
R M S - 1890 |
Jesuraj |
Murugan |
|
| |
2. |
R M S - 3238 |
Arul Das |
--- |
|
| |
3. |
R M S - 605 |
Justin |
--- |
|
| |
4. |
R M S - 3121 |
Jemesh Leon |
Murugaraj |
|
| |
5. |
R M S - 1557 |
Sahayam |
Moorthy |
|
Above 5 men alongwith 15 others reported fishing near Katchatheevu, an island,
which is in Sri Lankan territory. The Sri
Lankan Navy detained and arrested 5 persons alongwith their above said 5 boats
on 04-10-2004 at around 1.45 pm and handed over to police station on 06-10-2004
at 10.00 am and the remaining 15 others has been released after detention. [It
is said the released 15 fishermen has not returned to their home till to-day.*]
BACKGROUND INFORMATION:
We have received a petition dated 07-10-2004 from the affected family members of Rameswaram, which one has
been forwarded through Fr. Amalraj of Pamban, Ramad, Tamil
Nadu. The petition is stating that Rameswaram and adjoining fisher folks,
fishing 2 kms away, which is Indian territorial water, from the Katchatheevu
island. Pitiable is, there is no boundary line or marking to show the
territorial limits of either countries.
On this particular day [i.e., 04-10-2004], there was a sea current in the area
and high wind. Due to this, it is said that the 5 mechanised boats were sailed
into Sri Lankan territorial water.
Katchatheevu formed in a surge occurred in 1480 AD alongwith 10 other islands and
these were belongs to the then King Sethupathy, who ruled Ramanathapuram in Tamil
Nadu. From Palk Strait, fishing around katchatheevu and adjoining islands has been a
traditional practice for so many decades. Mr. M. Karunanidhi's period, the
then Chief Minister of Tamil Nadu, as a goodwill gesture Mrs. Indira Gandhi, the
then Prime Minister of India has gifted this island through an agreement on 2nd
October, 1974, to the then Ceylon [now, Sri Lanka] Prime Minister, Mrs. Bandra
Nayaga. The agreement provided fishing rights to Tamil Nadu fishermen in waters
around Katchatheevu. Around 1976, according to a decision by the governments,
the territorial marking of Indian shore has cut shorted to 18 kms from
Rameswaram shore. [Katchatheevu located 20 kms from Rameswaram coast]. In
practice, as per agreement, the fisher folks do not enjoy rights, but are more often victims of
violations by the Sri Lankan Navy. Agreement stated that due to unavoidable circumstance, such as
above narrated, the crossing of such boats and fishermen should not be punished.
But Sri Lankan Navy has been either detaining or shooting at Indian Tamil
fishermen. It has happened that some of the killings were in Sri Lankan
waters when the fishermen strayed into it or deliberately went into it for
fishing. Some were definitely in Indian waters, because they were close to Tamil Nadu coast or near Katchateevu Island where they have the right to fish per a
Indo-Lanka agreement.
RECOMMENDED ACTION :
- Without any prior condition, Sri Lankan government should release all the
fishermen and return their 5 boats immediately on the basis of Indo-Sri Lanka
agreement.
- Also there is another agreement as like above provision, made by Sri Lanka with former Prime Minister
of India, Mr. Vajpayee.
- Sri Lankan N G O's, Legal Consultants, Human Rights Organisations' of North and Manitham International
Members/Volunteers of Sri Lanka should immediately intervene in this matter to release the
detained fishermen.
- To seek a long term solution for this recurring incidents in this area, Tamil
Nadu Chief Minister Ms. J Jayalalithaa has suggested in December, 2003 itself
that Katchatheevu should be taken for lease by the Indian authorities.
With Regards,
Subramanian.G
Executive Director,MANITHAM
___________
APPEAL TO:
1.Shri. A.P.J. Abdul Kalam,
President of India,
Rashtrapathi Bhavan,
New Delhi -110001
INIDA
Tel: +91 11 23015321
Fax: + 91 11 23017290 / 23017824
2. Ms. Chandrika Bandaranaike Kumaratunga
President
Democratic Socialist Republic of Sri Lanka
Presidential Secretariat
Colombo-1, Sri Lanka
Fax: +94 11 2 333 703
3.Mr. Mahindra Rajapakse
Prime Minister
Cambridge Place
Colombo- 7
SRI LANKA
Fax: +94 11 2 682905 / 575454
4.Mr. Justice S S Rajendra Babu
Chief Justice of India
Supreme Court of India
New Delhi 110001
INDIA
5.Dr. Radhika Coomaraswamy
Chairperson
Human Rights Commission of Sri Lanka
No. 36, Kynsey Road
Colombo 8
SRI LANKA
Tel: +94 11 2 694 925 / 673 806
Fax: +94 11 2 694 924 / 696 470
6. Mr. K. C. Kamalasabesan
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436 421
7. Ms. Hina Jilani
UN Sepcial Represetative of the Secretaary-General on Human Rights Defenders
C/o OHCHR-UNOG, 1211 Geneva 10,
SWITZERLAND
Fax: +41 22 917 9006
8. N G O's, Legal Consultants, Human Rights Organisations in North, Manitham
International Members/Volunteers,Sri Lanka |
