Case Note & Summary
The Supreme Court considered a Special Leave Petition and three Writ Petitions concerning restrictions on Purse Seine Fishing imposed by the Tamil Nadu government. The Fisheries Department of Tamil Nadu had banned Purse Seine Fishing within territorial waters (12 nautical miles) through an order dated March 25, 2000, which was upheld by the Madras High Court on February 5, 2019. Subsequently, another writ petition was dismissed by the High Court on April 20, 2021, leading to the present appeals. The petitioners sought interim relief to fish beyond Tamil Nadu's territorial waters, arguing that the State lacked jurisdiction beyond 12 nautical miles as fishing beyond territorial waters fell under Union jurisdiction per Entry 57 of List I of the Seventh Schedule. They contended that the Union of India had not imposed any restrictions on Purse Seine Fishing. The State of Tamil Nadu opposed the relief, asserting that Purse Seine Fishing was ecologically harmful, non-selective, and advantaged affluent fishermen over traditional ones, and that monitoring beyond territorial waters was difficult. The Court noted that the ban's justification was pending final consideration, with no interim order previously granted. It observed that other coastal states had varying stances, and the Union of India indicated no restrictions beyond territorial waters. The Court, aiming to balance interests, granted a restricted interim order allowing Purse Seine Fishing beyond territorial waters within the Exclusive Economic Zone, subject to conditions including vessel registration, use of Vessel Tracking Systems, limited operating days, and designated landing centers. The Court referenced but kept open two prior decisions cited by the State, pending further inputs from a Central Government committee. The matter was listed for further proceedings.
Headnote
A) Constitutional Law - Legislative Competence - Entry 57 List I Seventh Schedule - Union jurisdiction over fishing beyond territorial waters - Petitioners argued State of Tamil Nadu lacked jurisdiction to restrict fishing beyond 12 nautical miles as per Entry 57 of List I - Court noted Union of India had placed no restrictions on Purse Seine Fishing beyond territorial waters - Held that interim permission could be granted for fishing beyond territorial waters within Exclusive Economic Zone subject to conditions (Paras 8-9, 11, 13). B) Environmental Law - Fishing Regulations - Purse Seine Fishing ban - Ecological impact and traditional fishing rights - State of Tamil Nadu opposed interim relief citing Purse Seine Fishing as harmful to marine life, non-selective, and benefiting affluent fishermen over traditional ones - Court acknowledged ecological concerns and conflict of economic interests but granted conditional interim relief to balance interests pending final decision (Paras 10, 13). C) Procedural Law - Interim Relief - Conditions for fishing operations - Marine Products Export Development Authority Act, 1972 registration and vessel tracking - Court granted restricted interim order allowing Purse Seine Fishing beyond territorial waters with ten specific conditions including vessel registration under Section 11 of Marine Products Export Development Authority Act, 1972, Vessel Tracking System, limited operating days, and designated landing centers - Held that interests of all parties needed protection through conditional interim relief (Paras 13).
Issue of Consideration
Whether the petitioners should be granted interim relief to fish using Purse Seine Fishing nets beyond the territorial waters of Tamil Nadu, pending final determination of the legality of the State's ban.
Final Decision
Court granted restricted interim order allowing Purse Seine Fishing beyond territorial waters within Exclusive Economic Zone subject to ten conditions including vessel registration, Vessel Tracking System, limited operating days, and designated landing centers
Law Points
- Interim relief
- jurisdiction of State vs Union over fishing
- constitutional interpretation of legislative entries
- balancing of economic interests and ecological concerns
- conditions for fishing operations
