"Approach HC And Make Representation To Govt": SC Declines To Entertain PIL Seeking Enactment Of Uniform Act To Regulate Marine Fishing

Supreme Court has on Monday allowed withdrawal of PIL filed seeking directions for enactment of an uniform act to regulate the marine fishing for protection of rights and interest of traditional fishermen. A three- judge Bench led by CJI Bobde has granted the petitioners liberty to approach the Madras High Court and make representations to the Government in respect of the new policy namely, the National Fisheries Policy Draft 2020.

During the hearing Senior Advocate Salman Khurshid appeared on behalf of the petitioner.

"We have information that the State Act and rules have been challenged in Madras also. You are questioning the same law. Why don't you go there?" the Bench asked

Senior Advocate Salman Khurshid agreed and submitted that he seeks one more liberty. After the present petition was filed the Government came out with National Fisheries Policy Draft 2020 but only 20 days were given for any comments to come from the public.

Senior Counsel sought liberty to make representation to be included as comments to the Draft.

The Court has therefore granted petitioners liberty to approach the Madras High Court and make representations to the Government in respect of the new policy.

The plea has sought directions to allow traditional fishermen for marine fishing beyond the limit of territorial water as well as within Exclusive Economic Zones. According to the petitioner, there should be a Central Act and Rules for the Regulations of Marine Fishing and directions should be issued to Union of India and the Ministry of Law, Agriculture and the Department of Animal Husbandry for enacting an uniform law-for marine fishing to protect the Livelihood and traditional occupation of the traditional fishermen of the country through which they can enjoy the equal opportunity of marine fishing.

The plea has stated that the Tamil Nadu Government issued the order prohibiting the use of purse seine net carry in the vessels for fishing through order dated 17.02.2020 and amendment to the Sub Rule 7 of Rule 17 of the Tamil Nadu Marine Fishing Regulations Rules, 1983. This was done without considering the collective endeavours of the traditional marine fishermen by which they can develop their economic interest 'and develop their children's social educational development, by way of their traditional sea fishing occupation.

The petitioner Association has submitted that the other coastal States of India have not imposed these restrictions or prohibitions to use the purse seine net to the traditional fishermen of their respective States. The notification issued by the Tamil Nadu Government issued the notification 17th Feb 2020 to prohibit the traditional fishermen to carry the purse seine net in their country craft or vessels under Sub Rule 7 of Rule 17 of the Tamil Nadu Marine Fishing Regulation Rules, 1983.

The petitioner has also sought lifting of prohibition of carrying purse seine net at their country craft and vessels of the traditional fishermen for their fishing and permission to the traditional fishermen to carry the purse seine net to carry in their country craft or vessels only except banned period until an uniform marine fishing law enacted by the parliament.

"Being aggrieved for the injustices against the traditional marine fishermen of Tamil Nadu, when the traditional fishermen become the poorest segment of the., society and they are also discriminated with other traditional fishermen of the country and prohibited from their traditional fishing right in the sea within the territorial water of the State of Tamil Nadu as well as Exclusive Economic Zones beyond the territorial water." the plea read

The petitioner association has therefore stated that the present plea has been filed, for the interest of "unfortunate traditional fishermen", who are the victims of discriminations of different Marine Fishing Acts and Rules Regulations enacted by the Coastal States of the country.

The plea filed by Advocate Binay Kumar Das, has sought the following reliefs from the Court:

• Directions to respondents by which the Indian Parliament may enact an uniform Act to regulate the Marine Fishing with protection of equality, equal right of occupation, livelihood, economic interest amongst other traditional fishermen who maintain their livelihood by way of marine fishing occupation with the exploitation of fish, corresponding with other related Central laws with the protection and conservation of ecological diversity as well as to allow the traditional fishermen fishing beyond the limit of territorial water as well as within the Exclusive Economic Zones beyond the territorial water also

• Directions to the concerned State respondents of the coastal States to allow the marginalised traditional fishermen who are using country craft and forming the Association, Co- operatives and any form of collective ways to maintain their livelihood keeping ecological balances, to catching marine fish with-purse seine or ring net.

• Directions to respondents to lift and or quash the prohibition and or banning to carry on fishing with purse seine net under the Sub Rule 7 of Rule 17 of the Tamil Nadu Marine Fishing Regulation Rules, 1983

• Directions to allow the traditional fishermen of Tamil Nadu and their mechanical sea boat carry the purse seine net for catching the fish beyond the restricted area of territorial area and beyond the territorial water in the Exclusive Economic Zone.

• Issue directions to suspend the operation of 'prohibition to carry on fishing with seine net under the Sub Rule 7 of Rule 17 of the Tamil Nadu Marine Fishing Regulation rule 1983