A disputed island, a disputed shrine

India disturbed by Navy’s involvement in building a Catholic shrine in Kachchatheevu

by Dilrukshi Handunnetti

Political daggers are drawn again over the tiny island of Kachchatheevu, this time over Sri Lanka Navy’s involvement in the construction of a new church for St. Anthony there, replacing the existing church.

For decades, Tamil Nadu has been calling for the retrieval of the island, ceded to Sri Lanka in 1974, but the new development, appears to have unsettled India with Delhi reacting swiftly and negatively.

A place of worship for both Sri Lankans and Indians, the church in Kachchatheevu remains a unifying place though the island remains mired in controversy, with both countries laying claim over it. Unlike before, it is not the territorial claim that is causing concern but the Navy’s involvement in the construction of a new shrine. In short, the very presence of the Navy on the disputed island.

However, Navy Commander Vice Admiral Ravindra Wijegunaratne has squashed the reports as being ‘baseless’, adding that “Our role in the proposed construction of a new shrine at St. Anthony’s church has been blown out of proportion.”

Firing salvos

The first salvo was fired by Vikas Swarup, Spokesperson for the Indian Ministry of External Affairs. It is learnt that the Colombo Mission has been instructed by New Delhi to provide a detailed report on the ‘disturbing development.’ Further, it is learnt that Delhi is peeved by the very fact that the shrine, new or old, is being constructed without informing India.

When contacted, top sources at the Indian Mission in Colombo offered no comment.

Responding, the Bishop of Jaffna, Rt. Rev. Justin Bernard Gnanapragasam, clarified that a new shrine is being built in response to an expressed need. It is a joint initiative by the Jaffna Diocese and the fishermen from Tamil Nadu and Verkodu parish.

“Only the Navy can transport the material and be engaged practically in the construction effort.”

Following the annual two-day feast in February 2016, Navy’s help has been solicited by both the Diocese of Jaffna and visiting Tamil Nadu pilgrims, mostly fishermen, to construct a new shrine that can accomadate more people. The new construction will have a church building of 3,500 sq ft.

With many well-wishers willing to make contributions towards the construction of the new shrine, the Bishop said the Indian pilgrims have repeatedly requested for a new shrine at least by next year, which can accommodate more devotees. The existing shrine dates back to 1901.

Squashing allegations, the Navy Commander too has said that the Navy could not ‘disturb’ an archaeological monument, as any structure which was over 100 years old would form a part of Sri Lanka’s national heritage.

The real dispute

According to Vice Admiral Wijegunaratne, the Navy undertook the task only after being invited to do so – a privilege, in his own words.

The Navy is using steel bars used for the special ceremony at the Galle Face Green to mark the canonisation of Fr. Joseph Vaz. “The steel was not sold as scrap material but safely kept as material blessed by the visiting Pope and will now be used for this new church construction,’ he told the Sunday Observer.

The foundation stone for the new church building was laid on May 9 by the Jaffna Vicar General, Rev. Fr. Joseph Das Jebarathnam, Rev. Fr. Antony Jeyaranjan, Rev. Fr. Nixon Colin and Commander, Northern Naval Area, Rear Admiral Piyal De Silva.

However, the actual dispute is likely to erupt when Tamil Nadu’s whip-cracking Chief Minister, Jayalalithaa Jeyaram decides to include the matter of a new church building in her political agenda. For long, she has been calling for the acquisition of the island –situated 10 miles northeast of Rameswaram. Kachchatheevu is, therefore, forms part of the emotional politics of Tamil Nadu and offers a platform for politicians there, to beat their chests and pressurise the Centre.

Jayalalithaa has repeatedly blamed New Delhi for ceding the island and proposed its re-acquisition. Though Delhi is hardly likely to go through the time-consuming and tedious process of moving a constitutional amendment or initiate negotiations with Sri Lanka in this regard, what is undisputed is her strident and sustained call for reacquisition.

On 3 May 2013, the Tamil Nadu Legislative Assembly (TNLA) unanimously demanded the Centre to take immediate steps to take control of Kachchatheevu, again.

The resolution stated that “Sri Lankan Tamils are ill-treated and Tamil Nadu fishermen are regularly arrested near Kachchatheevu.”

Tamil Nadu fishermen do admit to crossing the International Maritime Boundary Line (IMBL) to fish in the Kachchatheevu waters, largely due to their lack of understanding that the tiny island no longer belongs to India.

Unconstitutional

The resolution moved by Jayalalithaa highlighted a Supreme Court order in 1960, delivered in connection with what is known as the Berubari case, which upheld that any agreement on cession of Indian territory to another nation required the ratification by both Houses of Parliament through an amendment of the Constitution. “Going by the verdict, ceding of Kachchatheevu is invalid,” the resolution stated, highlighting the fishing rights and livelihood concerns of Indian fishermen.

She has for years, tried to impress upon the need for India to obtain the island on lease-in-perpetuity for fishing.

In 2011, the Tamil Nadu Government adopted a unanimous resolution in the assembly, to plead in a case Jayalalithaa filed in 2008 as Party Secretary, connected to the State Department of Revenue of the State of Tamil Nadu. The petition sought to have the 1974 and 1976 agreements between India and Sri Lanka on ceding Kachchatheevu, declared unconstitutional.

The disputed island

Located 10 miles northeast of Rameshwaram – it is a tiny island of 285.2 acres in extent.

For centuries, Indian fishermen used it as a convenient spot to dry their nets and is fabled for its Catholic church, dedicated to St. Anthony, in whose honour an annual feast is held in February.

Originally, the island is said to have been a part of the Zamindari of Raja of Ramnad. When Zamindari system was abolished, it formed a part of the Madras Presidency.

During post independence dialogues on delimitation of the maritime boundary in the Palk Strait, Sri Lanka made a strong claim of having exercised greater control over the island from ancient. In a surprise move, Indira Gandhi ceded the island to Sri Lanka and sicne then, New Delhi has avoided the required constitutional amendment, adopting the position that Kachchatheevu was disputed territory. Indian territory can be ceded only through a constitutional amendment.