Chagos Islands: Why has U.K. handed it over to Mauritius after 50 years?

• Mauritius won a strategic victory on May 22, 2025, when the United Kingdom (U.K.) officially handed over sovereignty of the Chagos Islands after finalising the political treaty agreed to in October last year.
• Under the deal, the important naval and bomber base on Diego Garcia — one of the archipelago’s largest island, operated by U.S. forces, will be leased by the U.K. from Mauritius which will maintain sovereignty over the region. 
• Terming the deal as vital to British security, Mr. Starmer said that it was the only way to maintain the naval base’s long-term future. He added that if U.K. had not agreed to the deal, the legal challenges mounted by Mauritius would open avenues to China or any other nation set up their own bases on the outer islands or carry out joint exercises near its base. Mauritius has agreed to initially lease Diego Garcia to the U.K. for £101 million a year for 99 years. 
• The British are letting go of the islands after 50 years, after initially buying it for £3 million in 1968.

History of Chagos islands

• In 1793, the French established coconut plantations in the islands off approximately 1000 km from Maldives. A set of eight atolls i.e. ring-shaped islands, totalling sixty islands — Peros, Salomon, Nelsons, Three Brothers, Eagle, Danger, Egmont and Diego Garcia along with Mauritius and Seychelles were handed over to the British empire in 1814.
• Initially, the islands were inhabited by the African slave workers and Asian natives who spoke French-based languages. However, the population changed as contractors from Mauritius and Seychelles arrived in the 1950s and 1960s to work, but not own lands or houses. 
• In 1965, these islands were constituted as the British Indian Ocean Territory (BIOT) along with the islands of Aldabra, Desroches and Farquhar — which were later ceded to Seychelles during its independence in June 1976. As the British empire began shrinking, U.K. envisaged the use of Chagos island as a military base. Roping in the United States (U.S.) as a partner in 1967, the U.K. allowed the U.S. to use Diego Garcia for defence purposes initially for 50 years and the agreement would remain in force for further twenty years, (beyond 2016) unless terminated by either nation. 
• A year later, on March 12, 1968, Mauritius gained freedom from the British and U.K paid a £3 million grant in recognition of the detachment of the Chagos Archipelago from Mauritius and amongst other legally binding undertakings.
• Between 1968 to 1973, plantations across the islands were shut and the BIOT administration forcibly removed the inhabitants to make way for the military base in Diego Garcia.
•  Inhabitants have been exiled from the island giving them a choice to move either to Mauritius or Seychelles. In 1971, BIOT passed an ordinance making it unlawful for a person to enter or remain in BIOT without a permit and allowed those remaining to be removed. 
• Estimated to have exiled around 10,000 Chagossians, the British paid £6,50,000 in the 1970s and a further £4 million in 1980s to Mauritius for resettlement.
• In 2002, the U.K. changed the British Nationality law allowing Chagossians who had BIOT citizenship to automatically become British citizens. Currently, a small community of Chagossians reside in Crawley, Sussex, and another in Manchester, still fighting for their right to return to their native land.

Who is fighting for sovereignty of Chagos?

• Since its independence, Mauritius has claimed sovereignty over Chagos, claiming that the U.K. was in violation of United Nations (UN) resolutions which banned dismemberment of colonies before independence. 
• It claimed that the 1968 agreement which allowed Chagos’ detachment was signed in exchange for Mauritius’ freedom. Over several round of talks, the U.K. and Mauritius have been trying to resolve the issue but did not make much progress till last year. 
• In 2010, U.K. further asserted its sovereignty over BIOT by declaring the area as a ‘Marine Protected Area’ (MPA). Citing the presence of 220 species coral, 855 species of fish and 355 species of molluscs in BIOT, U.K declared an area of 640,000 km² as a ‘no-take’ — banning all commercial fishing and extractive activities.
•  However, Mauritius challenged this move in the Permanent Court of Arbitration and the court ruled in 2015 that the declaration of MPA was not compatible with U.K’s obligations under the UN convention on the Law of the Sea.
• It also held that Mauritius held rights to legally fish in the waters surrounding Chagos, reap benefits from any oil discovered in that area and that the islands would be eventually returned to Mauritius after UK no longer needed for defence purposes. However, the court refused to settle the sovereignty issue between the two nations, claiming it did not have jurisdiction. 
• Mauritius’ efforts were boosted when the UN General Assembly passed a resolution (94 in favour to 15 against, 65 abstained) urging the International Court of Justice (ICJ) to render an advisory opinion on the legal consequences of Chagos’ separation from Mauritius during its independence, questioning if the ‘decolonisation’ was done lawfully.
• On February 25, 2019, the ICJ found that decolonisation of Mauritius was not lawfully completed following the separation of Chagos and that the U.K was obligated to end its administration of Chagos as rapidly as possible. It also ordered all UN member states to co-operate with completing Mauritius’ decolonisation lawfully.

What does the U.K-Mauritius deal cover?

• Five years later, on October 3, 2024, the U.K and Mauritius announced a deal after eleven rounds of negotiations since 2022, marking an end to the ‘total process of decolonisation’.
• Under the new deal, UK will handover Chagos’ sovereignty to Mauritius and lease the use of Diego Garcia for 99 years at an average cost of £101 million per year. For the first three years, U.K. will pay £165m annually; for year four to thirteen it will pay £120 million annually. After that, payments will be indexed to inflation, reported BBC. 
• The use of the military base in Diego Garcia has been signed off by the UK’s ‘Five Eyes’ allies – US, Canada, Australia and New Zealand and the running costs of the base will be footed by US. A 24-mile buffer around Diego Garcia has been agreed to where nothing can be built without U.K. consent. Moreover, foreign militaries and civilian forces are barred from all of Chagos with U.K. retaining a power to veto any access to the islands.  
• The U.K. will also set up a £40m trust fund to support Chagossians. However, Mauritius will not be allowed to resettle Diego Garcia inspite of having sovereign control over it.
• The agreement also shuts down any possibility of the Indian Ocean being used as a dangerous illegal migration route to the U.K., with Mauritius taking responsibility for any future arrivals. This treaty comes into effect only after it is approved by both the U.K. and Mauritian parliaments. 
• Two Chagossians, born in Diego Garcia, challenged the deal, claiming that they wanted to return to the islands and not Mauritius or Seychelles. While a court injunction was granted, temporarily blocking the deal, the U.K. High Court dismissed the challenge.

Why is there opposition to the deal?

• Mr. Starmer’s prime opposition — the Conservative party, has slammed the deal due to apprehensions of handing over sovereignty of a military base to Mauritius — a close ally of China. Conservatives have also critiqued the a “net cost” of £3.4bn after adjusting for inflation, which this deal will add to the British exchequer.

What is India’s role in the deal?

• India, a former British colony itself, played a quiet and important role in backing Mauritius’ position to ‘do away with the last vestiges of decolonisation’, 
•  Encouraging both U.K and Mauritius to negotiate with an open mind towards mutually beneficial outcomes, India strived for long term security in the Indian Ocean region. Both India and US were acknowledged by the two parties for their “full support and assistance” in reaching to the political agreement. 
• The Ministry of External Affairs (MEA) issued a statement welcoming the deal, affirming its support of Mauritius’s “legitimate claim” over the Chagos Archipelago in keeping with its principled position on “decolonisation, respect for sovereignty, and the territorial integrity of nations”. It added that India remains committed to working closely with Mauritius and other like-minded countries to strengthen maritime security, peace and prosperity in the Indian Ocean.

How has SC deviated from the POCSO Act in a recent judgment?

• On May 23, the Supreme Court (SC) declined to impose a sentence on a man convicted under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), noting that the victim did not view the incident as a crime and had suffered more from the legal fallout.

Why was POCSO enacted?

• Enacted in December 2012, the POCSO Act criminalises both penetrative and non-penetrative sexual assault, sexual harassment, and child pornography. A gender-neutral law, POCSO deems all minors under 18 incapable of ‘consent’, and mandates child-friendly procedures like special courts, in-camera trials, and video-recorded testimonies. With strict penalties, a presumption of guilt on the accused, and time-bound trials, the Act aims to fill critical legislative voids and deliver swift, victim-centric justice.

What is the case?

• The case involved a 13-year-old girl from rural West Bengal, reported missing by her mother in May 2018, who was later found to have married a 25-year-old man (accused). Despite her mother’s rescue efforts, she stayed with him and later gave birth to a daughter.
• Based on an FIR by her mother, a special judge in September 2022 convicted the accused under POCSO and IPC Sections 363 (kidnapping), 366 (kidnapping, abducting or inducing woman to compel her marriage etc), 376 (2)(n) (repeated rape on same woman) and 376 (3) (rape on woman under 16 years), sentencing him to 20 years imprisonment.
• However, the Calcutta HC overturned the conviction by invoking its inherent powers under Section 482 of the Code of Criminal Procedure, despite POCSO’s non-recognition of ‘consensual relationships’ with minors. It further recommended legislative amendments to exclude such relationships from POCSO’s ambit.
•  The judgment veered into a discourse on ‘adolescent sexuality’, attributing it to climate change, food habits, early puberty, and a “taboo-free atmosphere” influenced by social media and pornography. This unscientific reasoning overlooked social factors and reinforced outdated gender norms.

What did the SC state?

• On August 20, 2024, the top court in a suo motu proceeding set aside the HC’s ruling, reaffirming that POCSO does not recognise ‘consensual sex’ with minors and its objective must not be diluted.
• Stressing that judgments must remain concise and law-focused, it criticised the HC for straying from ‘legal reasoning’ into personal opinions and social commentary. However, sentencing was deferred pending a report from a three-member expert panel tasked with meeting the victim and submitting findings.
• The expert committee found that the victim, now living in poverty and a temporary shelter, remains committed to the accused and faces significant hardship in tackling the police, society and legal system to secure his release.
•  It flagged the inadequate implementation of the POCSO Act as a “collective failure” and recommended keeping the family unit intact for the child’s welfare, alongside providing financial, legal, and educational support.
• “The society judged her, the legal system failed her, and her own family abandoned her”, the SC observed, citing the report. Exercising Article 142 (extraordinary jurisdiction), it withheld sentencing and directed the West Bengal government to ensure her welfare and rehabilitation.

What next?

• The unusual deviation from the child protection law in this case must not set a precedent, as the judgment emphasises. Any such exception risks weakening the core intent of the POCSO Act to protect minors from sexual exploitation.
• Opening the door to exceptions could lead to widespread misuse, with perpetrators hiding behind the guise of ‘family protection’ to exploit vulnerable girls. India urgently needs comprehensive sex education and a stigma-free curriculum.
• India''s child protection laws, particularly the POCSO Act, aim to safeguard minors from sexual offenses, ensuring strict penalties and victim-centered justice. However, the recent Supreme Court ruling in West Bengal raises questions about judicial discretion, legislative gaps, and global comparisons.

How India’s Child Protection Laws Compare Globally

India’s POCSO Act (2012):

• Recognizes all minors (under 18) as incapable of consent, ensuring strict penalties for offenders.
• Mandates special courts, in-camera trials, and victim-friendly procedures.
• Presumption of guilt on the accused, shifting the burden of proof.

Similar Laws in Other Countries:

• U.S. – Child Protection Act & Statutory Rape Laws: Criminalizes sexual relations with minors, though age-of-consent laws vary by state.
• UK – Sexual Offenses Act (2003): Defines sexual offenses against minors, allowing some discretion in cases of adolescent relationships.
• France & Germany – Strict Age of Consent Laws: Age of consent varies between 14–16 in some European countries, often with context-based legal judgments.

Potential Impact of Legislative Amendments to POCSO

• Challenges of Blanket Criminalization:
• The Calcutta HC proposed excluding adolescent consensual relationships from POCSO’s ambit.
• Critics argue this could lead to legal loopholes, enabling exploitation disguised as consent.
• Need for a Nuanced Approach:
• Some legal experts advocate classifying adolescent relationships differently from exploitation cases.
• Comprehensive sex education could help minors make informed decisions while reducing legal conflicts.

Strengthening Child Protection & Preventing Misuse

• Closing Legal Gaps:
• India must ensure strong enforcement of victim protection laws, preventing misuse of exceptions.
• Stricter rehabilitation programs for affected minors, focusing on education, financial aid, and community support.
• Public Awareness & Stigma Reduction:
• Legal discussions should prioritize child welfare, rather than reinforcing social taboos on adolescent sexuality.
• Judicial training on adolescent psychology and real-world implications of sentencing minors in relationships

Urban Challenge Fund

• While presenting the Budget 2025-26, Nirmala Sitharaman announced that the government will set up the Urban Challenge Fund of Rs 1 lakh crore to implement the proposals for ‘Cities as Growth Hubs’, ‘Creative Redevelopment of Cities’, and ‘Water and Sanitation.’
• The Urban Challenge Fund is designed to address three aspects.
•  First, to make cities productive and efficient centres of economic growth (cities as growth hubs); second, to develop and redevelop them in a creative way (creative redevelopment of cities ), and third, to improve infrastructure. (Water and sanitation).
• This fund, with Rs 10,000 Crore earmarked for the first year, seeks to tackle the most pressing challenges in urban growth and development.
• The government would provide 25 per cent of the funds for the projects. “This fund will finance up to 25 per cent of the cost of bankable projects with a stipulation that at least 50 per cent of the cost is funded from bonds, bank loans, and PPPs. An allocation of Rs 10,000 crore is proposed for 2025-26,” the Finance Minister said.
• Under the fund, while the government plans to give Rs 10,000 crore, cities are expected to get the remaining Rs 40,000 crore from floating municipal bonds, entering into private-public partnerships, and taking loans, according to a Ministry of Housing and Urban Affairs source.
• Under “creative redevelopment of cities”, existing cities with high levels of congestion could be refurbished. This fund would encourage cities to raise market finances, as opposed to the Rs 10,000 crore Urban Infrastructure Development Fund (UIDF) announced in the Budget 2023-2024.

What is urbanisation?

• Urbanisation is the process of transformation that occurs as a society evolves from predominantly rural to predominantly urban areas. It involves the increase in the proportion of a country’s population residing in urban areas, leading to the expansion and growth of cities and towns. Additionally, it encompasses not only the physical expansion of cities but also their social, economic, and cultural transformations.
• The Indian Census identifies two categories of ‘urban’ areas:
• 1. Statutory towns — those which have urban local bodies like municipal corporation, municipality or municipal committee.
• 2. Census towns — All those places satisfying the following 3 criteria:
• a) Population of atleast 5000 persons.
• b) Minimum population density of 400 persons per sq. km. and
• c) 75 per cent of the male workforce is employed in non-agricultural activities