A) Subject: Action against Srilanka for killings of hundreds of Indian Tamil fishermen and compensation sought for lives lost in genocide beyond borders, and the redrawing of the maritime borders to protect the fishing rights of Indians regarding...
Every day our Tamil Nadu fishermen are being attacked and killed by the Brutal Srilankan Navy over years for no reasons just because of their ethnicity. These Indian citizens are neither terrorists nor freedom fighters. For thousands of years they have been fishing in the Bay of Bengal and Indian Ocean just for their daily breads. Srilanka which tries to escape its Tamil genocide hiding behind India can neither justify its killings of Indian Tamils nor can Indian Government too hide the truths for long. Silence of our Indian government is not understandable. The double standard of our Indian government for the Indians attack in Australia and the Indian Fishermen attacks by Srilankan Navy in our own maritime boundary raises many doubts. Even after hundreds of our Indian fishermen killing by Srilankan, we don’t understand the Indian government policies in favor of Srilankan Government.
The time for every Indian to ask Indian Government, why did you tolerate the killings of our own citizens for decades? If Indians are attacked in Australia, our government shows serious concerns and expresses strong condemnation to Australian Government. Even for issue of Sikh’s Turban in France, Indian Prime Minister personally involves himself. If it is Mumbai blasts, Indian Government gathers momentum. But why is it not happening when Indian (Tamil Nadu) Fishermen are brutally killed in Indian maritime boundary itself by the Srilankan Navy that too with our own weapons and boats supplied by Indian government.
The doubts on Indian governments Diplomatic, Financial and military supports for the Eezham Tamils Genocide is itself not yet answered. Now again the silence of Indian government over the killing and attacks on Tamil Nadu Fishermen by Srilankan Navy raises many doubts. Every world community raises the doubts about Indian Governments support to Srilanka is limited to Eezham Tamil Genocide or Tamil Genocide in general.
Does any sovereign nation in the world permit other countries to kill their own citizens that too at their own territory? Does any sovereign nation protect any other nation which keeps on killing their own citizens? Does any sovereign nation funds those nation which keeps on killing their own citizens? Does any sovereign nation supplies weapons to the nations which kill their own citizens? Does any sovereign nation trains other nations which kill their own citizens?
1. Why is it happening in India only?
2. Can’t we do anything to change this?
3. Can’t we protect the Tamil Nadu Fishermen?
4. Can’t we raise this as a national issue without limiting it to Tamil Nadu alone, since the affected are Indian citizens?
5. Can’t we make the affected people to feel that we Indians are there to safeguard them?
6. Can’t we raise a national level warning and condemnation to the Srilankan Government?
7. Can’t we make the Indian Government to show serious concern to the Tamil Nadu Fishermen attacks?
8. Can’t we stop all the financial & diplomatic aids to Srilankan Government?
9. Can’t we stop all the military aids to Srilankan Government?
10. Can’t we make our government to retaliate the Srilankan Navy to safeguard our Fishermen?
B) Reason: India had forgotten to restrain Srilanka from its unprovoked killing of hundreds of Indian Tamil fishermen, in view of the ambiguity over territorial waters.
Kachcha Theevu is 17 kilometers from Indian town of Rameswaram. It comes under our territory even if 12 nautical miles is accepted as territorial waters from the coast. But Kachcha Theevu had been an Indian Territory for centuries. It was one among the 8 islands belonging to the Tamil Kingdom of Ramnad. As per the copper plate inscriptions unearthed as archaeological findings of 1531 it was in the possession of Sethupathy Kings who ruled Indian state of Ramnad. The Sea between India and Srilanka is even today known as Sethu Samudram, which means the Seas of Sethupathy kings. The East India Company of the Britain had obtained this Kachcha Theevu Island on lease in 1822 from the Sethupathy King. In 1880 one Abdul Kader of Kilakkarai, a village in Tamilnadu state of India had obtained on lease Kachcha Theevu, Kuthukaal Theevu, and Mannali Theevu from the District Collector of Ramnad, under Madras Presidency of India. In 1913 The Government of Madras Presidency had obtained lease of Kachcha Theevu from the King Sethupathy of the Princely State of Ramnad, and had given fishing rights to fishermen of Madras Presidency. In 1947 one Mr. Mohammed had taken lease of the island of Kachcha Theevu which was registered in the Sub-Registrar’s office of Indian town of Rameswaram (Ref: Reg.No. 278/1948).
After India attained independence the Indian State of Madras by way of Government Order No: 2093 dated 11.8.1949 declared that Kachcha Theevu as barren land under Rameswaram revenue village Survey Number: 1250 in an area of 285 acres and 20 cents. Thus for centuries Kachcha Theevu was under the Princely state of Ramnad in British India, and under Government of Madras in Independent India.
Srilanka illicitly sent it troops to that uninhabited island in 1955, for training their naval personnel. There was uproar in Indian Parliament. But Srilanka went on claiming rights over that Indian Territory. In 1974 Indian Government under Ms. Indira Gandhi conceded that territory to Srilanka through an agreement against the interested of Tamil Nadu and Tamil Nadu Fishermen without even consulting the state government and not even bringing it to the notice of Honorable Members of Indian Parliament. Through the agreement which India claimed will protect the fishing rights of Indian Tamil fishermen and the right to worship the lone church that was built in 1939. Srilanka misinterpreted the agreement by saying the Indian Tamil fishermen have rights only to dry their nets in the island and Indian Tamil citizens have no right to fishing. Using this misinterpretation, Srilanka till date goes on killing spree of Indian Tamil fishermen.
The global efforts led to the Convention of the Law of the Sea which had been signed and ratified by India on 29th June 1995 and by Srilanka on 19th July 1994. After this milestone in international law, there arose a necessity to re-demarcate Indian territorial waters. Now it is necessary for us to redraw the maritime boundary and to retrieve Kachcha Theevu ceded to Srilanka.
It is very clear that the Katcha Theevu is part and parcel of India and in no way our government can justify the 1974 agreement. Only justification they can offer is that they want to maintain good and warm relationship with the neighboring countries.
1. We too accept, but at what cost?
2. Even after conceding the Katcha theevu do they maintain good and warm relationship?
3. Are they really a reliable neighbor?
4. Can we forget their support to China during our 1961 war, in which they have offered their air strips to Chinese Air Force? That too they have justified their support stating that both the countries are Buddhist country.
5. Can we forget their support to Pakistan during our 1972 war, in which they have again offered their air strips to our enemy? Now can they give any justification for their support? Eezham Tamils sat on the runway and strongly protested their government’s action. But though our fellow country men can forget the Eezham Tamils support to India, shall we Tamilians forget their support to our country?
6. Was our Katcha Theevu Island ceded to Srilanka as our thanks giving for their betrayal to our nation?
7. Can we forget their voting against India in UN General Secretary Election in 2006?
C) Action: Hence we Indian Tamils are urging our Government and the International Tribunal on the Law of the Sea to redefine our territorial waters to protect the lives of Indian Tamil citizens of India.
Srilanka in its madness to ethnic cleanse Tamils of its soil indulges in cross border terrorism to annihilate Indian Tamil fishermen. We Indians can urge our country and the International Tribunal for:
1) Scrapping the Indo—Srilankan agreement and retrieval of Kachcha Theevu signed in 1974.
Justification:
a) Consent of the then Tamil Nadu Government was not obtained and hence the agreement can be challenged.
b) The Honorable Members of Parliament House was not taken into confidence.
c) Under no circumstances the Government has got any power under the Indian Constitution to cede even an inch of our country. All the Revenue records of Madras Government, a state of India, corroborate that Kachcha Theevu was part of former Ramnad zamindary and an integral part of this country.
d) Importance of the control of the seas and also the necessity to deny its use to the adversary.
e) The principles of equi-distance and median line, the fundamental principles of delimitation of maritime boundaries, was not adhered to in the case of Kachcha Theevu.
f) No treaty can override the Constitution of India, which is the supreme law of the land.
2) Re-demarcating the territorial waters of India, not only taking into account the landmass of the Southern mainland of India facing Bay of Bengal but also the baselines of the islands of India in the Palk Strait, more particularly in the Gulf of Mannar.
3) Defining the equal-distance not from mainland but various points from these 20 islands.
4) Ensuring the traditional and historical fishing rights of Indian Tamil fishermen in India’s territorial waters, contiguous areas, and right to enjoy the freedom of seas in international waters.
5) Directing the International Criminal Court of Justice to probe the thousand killings of Indian fisherman by Srilankan navy, and to punish the naval authorities and the Srilankan President Mahinda Rajapakshe for the genocide of Indians who were not demanding independent nation, but were in India for centuries enjoying the freedom of seas and pursuing fishing profession in peace.
6) Directing the Srilankan Government to pay damages and compensation to all lives killed by Srilankan navy since 1974 to 2009.
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