Chennai: A public interest litigation has been filed in the Madras high court to direct the Union government to refer the matter of the human rights violations committed by the Sri Lankan Navy with impunity for the past 34 years against the fishermen of India to the International Court of Justice for taking action against the Sri Lankan Navy for violating the 1974 Agreement entered between India and Sri Lanka.
A division bench comprising Chief Justice Indira Banerjee and Justice M. Sundar before whom the PIL filed by Fishermen Care represented by its president LTA Rayan came up for hearing, directed Assistant Solicitor General Su Srinivasan and government pleader MK Subramanian to get instructions and posted to July 17, further hearing of the case.
According to Rayan, the customary rights (easement rights) of India and Sri Lanka to engage in fishing in the historic waters were retained in the 1974 agreement as these rights were enjoyed from time immemorial and shall not be taken away by any treaty. The President of India had given his assent to this 1974 agreement. But, the customary rights of the fishermen of both the countries in the historic waters were taken away by the letter of Kewal Singh, foreign secretary of India addressed to WT Jayasinghe, secretary in the ministry of defence and foreign affairs, Government of Sri Lanka, dated March 23, 1976, he added.
He said the President of India did not give his assent to this executive instruction which was issued when the emergency was in force in India.
But, taking advantage of this executive instruction the Sri Lankan navy has been attacking the Indian fishermen who engage in fishing in the Palk Strait between India and Sri Lanka. Over 111 Tamil fishermen were killed, 439 injured and 16 missing between 1983 and 2013 who were attacked by the Sri Lankan Navy.
The Government of Tamil Nadu 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. Therefore, he sent a representation to the Union and state government to refer the Human Rights Violations committed by the Sri Lankan Navy to the International Court of Justice. But, there was no response, he added.
