Can Fishermen Be Allowed Use Purse Sein Nets Beyond 12 Nautical Miles? Supreme Court Asks TN Govt

The Supreme Court on Friday asked the Tamil Nadu government if a regulation can be brought to allow fishermen to continue purse-seine fishing beyond the 12 nautical miles, outside the zone prohibited by the state government, so that it does not affect their livelihood. Senior Advocate Gopal Sankaranarayan, appearing for the petitioners, submitted before a bench of Justices AS Bopanna and Dipankar Datta today that, "There's a prohibition by the State of Tamil Nadu with respect to purse-seine fishing. An expert committee was constituted to examine Purse Seine fishing. Now the report has been submitted by the Union of India by way of a short affidavit. Let me tell you the long and short of this. Within 12 nautical miles its the state that regulates the waters and beyond that its not under the states jurisdiction. Now some states have no regulation and some states have. Tamil Nadu has a regulation and it prohibits purse-seine fishing. Now the Union of India says we need more time to see what we can do about this. We believe that it does not cause any environmental harm." Pointing two important aspects in the case at present, Mr. Sankaranarayan further submitted, "However, two aspects might be considered. Unless your lordships give interim orders we won't be able to go and fish and the fishing season starts in a month and a half from now. The other aspect is that the Department of Fisheries, Government of India has not imposed any ban on Purse Seine fishing. It has been submitted by them in their short affidavit. They also say that such fishing has not resulted in any environmental problem. So this can be allowed subject to certain conditions." Pointing out the prayers of the petitioners, Mr. Sankaranarayan submitted, "We therefore have two prayers Within the territorial waters the fishing should be allowed and the regulation of the state should go away. But I don't want to press that now because it is for consideration. However, beyond 12 nautical miles, there is admittedly no ban. So atleast the fishing season is starting in a month and half and so we should be allowed to carry on the purse-seine fishing beyond 12 nautical miles so that these fishermen can run their livelihood." Counsel representing the Union of India also submitted that the ban by the State of Tamil Nadu is not justified and that purse-seine fishing may be allowed. The Union also pointed out an expert committee report showing that blanket ban on purse-seine fishing is not justified. The bench then inquired from the counsel representing the State government, "The only question is how to regulate this 12 nautical miles…We may not say anything now. We may have this immediately after vacation. By then you bring in a regulation." Mr. Sankaranarayan further pointed out before the bench that, "beyond 12 nautical miles, it is happening across the country. There is no problem. It is only this state that has a prohibition and that is the problem. Now six weeks from now, the fishing season is going to start." Bench then remarked, "It is only in this state that beyond 12 is not being permitted. Clarify that position to us. At the insertion point itself if you stop them, they will not be able to go even outside 12. What is the mechanism that you see that they don't fish in this 12 but are allowed to go outside of it to fish." At this point the Counsel appearing for the State government submitted that he be allowed to seek instructions and prayed for the court to list the matter in the first week of january. The Bench then ordered, "Heard parties. Senior Advocate Gopal Sankaranarayan brings to our notice the short affidavit filed by the Union…Indicated with regard to the policy of the Central Government with respect to Purse Seine fishing beyond 12 nautical miles. Since the issue is with regards to fishing within 12 nautical miles, further instructions in this regard may be received by the counsels from their parties and report to this court. In the meanwhile, the learned counsel for the Central Government to secure instructions with regard to the stipulations referred in the affidavit so that the same can be finalized if not finalized yet before the fishing season starts." The petition has been filed seeking a stay on the ban on the use of purse-seine nets for fishing within 12 nautical miles in the State of Tamil Nadu. Case Title: Fisherman Care v. Govt. of India Dept Animal Husbandry, Dairying and Fisheries SLP(C) No. 8442/2021 Click Here To Read/Download Order

Can Fishermen Be Allowed Use Purse Sein Nets Beyond 12 Nautical Miles? Supreme Court Asks TN Govt

Anurag Tiwary

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