Case Note & Summary
The Supreme Court addressed a Special Leave Petition and three Writ Petitions concerning the ban on Purse Seine Fishing imposed by the Tamil Nadu Government. The ban, established by an order dated March 25, 2000, restricted the use of Purse Seine Fishing nets within 12 nautical miles of the coast. The Madras High Court had previously dismissed a challenge to this ban on February 5, 2019, and again on April 20, 2021, asserting that the decision was informed and primarily affected affluent fishermen. The petitioners sought to fish beyond territorial waters, arguing that the State Government lacked jurisdiction in this area, which is under the Union's exclusive control. They contended that the restrictions were illegal and detrimental to their livelihoods, particularly as the fishing season was nearing its end. The State of Tamil Nadu opposed the petition, citing ecological concerns and the socio-economic impact on traditional fishermen. After considering both sides, the court proposed a restricted interim order allowing Purse Seine Fishing within the Exclusive Economic Zone, subject to specific conditions to ensure monitoring and compliance. The court noted the need for further examination of the ecological and economic implications before a final ruling could be made.
Headnote
A) Constitutional Law - Jurisdiction over Fishing - State vs. Union Jurisdiction - The State Government's restrictions on fishing beyond territorial waters were challenged as illegal, asserting that only the Union of India has jurisdiction in this area under Entry 57 of List I of the Seventh Schedule. The court considered the implications of the ban and the jurisdictional conflict, leading to a prima facie opinion favoring interim relief for fishing beyond territorial waters with conditions. Held that interim measures were necessary to balance interests (Paras 9-13). B) Environmental Law - Impact of Fishing Methods - The court examined the ecological consequences of Purse Seine Fishing, which was argued to be harmful to marine life and traditional fishermen's livelihoods. The court acknowledged the need for a comprehensive report on the ecological impact before making a final decision (Paras 10-12).
Issue of Consideration
Whether the ban imposed by the State Government on Purse Seine Fishing within its territorial waters is justified.
Final Decision
The court allowed interim relief for Purse Seine Fishing beyond territorial waters within the Exclusive Economic Zone, subject to specific conditions to ensure compliance and monitoring.
Law Points
- jurisdiction
- fishing regulations
- interim relief
- ecological impact
- economic interests
