Fishermen Killing: "Investigate Matter, Decide On Compensation Within 8 Weeks: Madras High Court To UOI, State

The Bench of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy was hearing the plea by an association named Fisherman Care, who sought compensation and jobs for the family of the deceased fishermen.

Also, it was prayed in the plea that an appropriate police station be designated so as to conduct the investigation into the deaths of the four fishermen.

Demand for compensation and government jobs for the legal heirs

The Court gave liberty to the Petitioner/ Fisherman Care to make an appropriate representation to the Department of Fisheries of the Union Ministry of Agriculture and Farmers Welfare for such agency to consider the same.

The Court also permitted that a similar representation may be made to the Department of the Animal Husbandry and Fisheries under the State Government.

Significantly, the Court also said,

"There should be no duplication of job opportunities, but the appropriate departments of the State and the Centre may coordinate and provide adequate compensation in the wake of the untimely deaths of the four fishermen."

Demand for an investigation into the matter

At the outset, the Court noted the stand of the Union that the incident took place in international waters or, at the very least, beyond the territorial waters of India.

Though the petitioner contended that the appropriate police station should be one in Chennai, the FIR had been lodged in Rameshwaram and the Nagapattinam police authorities are apparently looking into the matter.

To this, the Court said,

"The Centre and the State should coordinate to specify a particular authority, in accordance with law, that would head the investigation and bring the matter to a logical end by giving a due closure, so that the families of the deceased fishermen are aware of the circumstances in which the four died."

With this, the plea was disposed of with a direction that if the petitioner's representation is made to the Union or the State within four weeks, the relevant Secretaries heading the particular departments should consider the same and communicate a reasoned decision to the petitioner and to the families of the deceased fishermen within eight weeks of the receipt thereof.

In related news, the Madras High Court recently asked the Union of India to persuade the Sri Lankan authorities to desist from taking extreme measures in case Indian fishermen, accidentally or otherwise, stray into Sri Lankan waters without 'being jingoistic or parochial in the matter'.

Exercise Restraint If Sri Lankan Fishermen Stray Into Indian Waters, Persuade Lankan Authorities To Do Same In Case Of Indian Fishermen: Madras HC To UOI

"It is the same restraint which ought to be exercised by Indian authorities when it comes to Sri Lankan fishermen", added the Bench of Chief Justice Sanjib Banerjee and Justice R. Hemalatha.

Case title - Fisherman Care v. The Union of India and others [W.P.No.7436 of 2021]

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