Supreme Court Issues Notice On Plea To Stay Ban On Use Of Purse Seine Nets For Fishing In Tamil Nadu

Directing the counsel to serve the copy of the IA on the counsel for the respondents, the vacation bench of Justices AS Bopanna and Vikram Nath in their order said,

"Issue notice. Dasti in addition. List after service is complete."

Emphasizing on the fact that the fishing is only a 3 month season, the counsel for the petitioner in the hearing today submitted that the ban has affected around 15 lakhs fishermen in Tamil Nadu.

It was argued in the application that the State's ban was arbitrary and was contrary to the policy of the Union of India.

The petitioner's have further contended that the law had been passed by the State without considering the expert committee and the fishermen and that as a result of this 15 lakh people had lost their job.

"Fishing ban period comes to end on June 15 and the ban on using purse-seine fishing must be left for not only 15 lakhs people livelihood but also for the Blue Economy.Every year in Tamil Nadu, the fishing ban is implemented from April 15 to June 15. The two-month ban on mechanized fishing will help the breeding of fish schools and help them recover from mechanized fishing. The annual 61-day fishing ban to facilitate fish breeding. All the mechanized operating from Palaverkadu to Kanyakumari will be moored during the ban period. After the ban period is a good season for fishing. The Impugned order passed by the State of Tamil Nadu is unconstitutional," the application states.

It may be noted that the High Court in January 2022 had dismissed the plea(s) preferred by Poompuhar Traditional Fishermen challenging Rule 17(7) of the amended Tamil Nadu Marine Fishing Regulation Rules, 1983 which banned owner or master of any fishing vessel to carry on fishing by pair trawling or fishing with purse-seine net.

Case Title: Ganasekar & Ors v UOI & Ors| WP(C) 262 of 2022