Torn Between Territorialism and Tradition: A Case for Recognition of Rights of Tamil Transboundary Fishing Communities

Kishwar, Sanya Darakhshan and Saraswat, Vasatika (2025) Torn Between Territorialism and Tradition: A Case for Recognition of Rights of Tamil Transboundary Fishing Communities. University of Groningen Press.

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Abstract

Every year, dozens of Tamil fishermen are detained while casting their nets in waters where they have fished for generations. These waters now straddle the contested maritime boundary between India and Sri Lanka. On 29th June 2025, Sri Lankan authorities arrested eight Indian fishermen from Tamil Nadu for allegedly surpassing territorial limitations. Earlier, in March, eleven Indian-Tamil fishermen were detained by the Sri Lankan Navy on charges of poaching in the Palk Bay area. Unfortunately, such transgressions are not isolated instances in Palk Bay. Fishermen from both India and Sri Lanka are arrested frequently for inadvertently trespassing into each other’s waters. The hostility is substantially aggravated due to the scarcity of catch in the Palk Bay area for Tamil fishermen on both sides, and thus, such instances of trespassing are met with violent takedowns and arrests. These incidents are not merely border disputes; they are demonstrative symptomatic of a deeper issue affecting transboundary communities whose lives are rooted in shared cultural and livelihood practices across national borderlines. Transboundary communities are groups of individuals who share cultural, spiritual, livelihood, and/or familial ties that bind them to the territory of two or more states. The location of these ties requires transboundary communities to frequently cross international borders in order to exercise their cultural, spiritual, livelihood, and familial rights. This blog delves into a South Asian case study that illustrates the challenges faced by the Tamil fishing community, a transboundary community residing across maritime borders of India and Sri Lanka. The authors discuss the underlying international legal framework and recommendations for the enhanced safeguarding of transboundary rights of Tamil fishing communities. The issue underscores the importance of a clear definition of maritime boundaries under the United Nations Convention on the Law of the Sea (UNCLOS) and collaborative mechanisms for sharing resources.

Item Type: Other
Subjects: Social Sciences and humanities > Social Sciences > Geography
Social Sciences and humanities > Social Sciences > Anthropology
Social Sciences and humanities > Social Sciences > Cultural Studies
Social Sciences and humanities > Social Sciences > Development
JGU School/Centre: Jindal Global Law School
Depositing User: Mr. Gautam Kumar
Date Deposited: 22 Nov 2025 14:28
Last Modified: 22 Nov 2025 15:00
Official URL: https://www.grojil.eu/blog2/torn-between-territori...
URI: https://pure.jgu.edu.in/id/eprint/10395

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