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Legal Case Shots

Court judgements broken down into the case type, how the decision played out, and the lesson worth remembering, with the full judgement available as a PDF.

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Legal Case Shots is a searchable database of Supreme Court of India judgments, each broken down into the case type, the court's key holding, and a practical lesson learnt, with the full judgment available as a PDF for citation or deeper reading.

Constitutional LawSupreme Court of India

Fisherman Care vs The Government of India, Department of Animal Husbandry, Dairying and Fisheries

Special Leave Petition (Civil) · 2023 INSC 82Decided 24 Jan 2023
Special Leave Petition (Civil) No. 8442 of 2021
A.S. Bopanna · Sudhanshu Dhulia

Background

Tamil Nadu banned purse seine fishing nets within its territorial waters (12 nautical miles) in 2000, and the ban was reproduced in Rule 17(7) of the Tamil Nadu Marine Fishing Regulation Rules, 2020. The Madras High Court upheld the ban and in April 2021 dismissed a fresh petition by the Fisherman Care association, describing the petitioners as "a class of affluent fishermen". The association came to the Supreme Court and, along with other petitioners, also sought permission to fish with purse seine nets beyond territorial waters, arguing that the State had no power there (only the Union does) and that the State was nonetheless preventing their vessels from passing through its waters. Tamil Nadu opposed, saying purse seining is a non-selective, ecologically harmful method used by rich operators that deprives traditional fishermen of their catch.

Decision Breakdown

The Court did not decide the validity of the State ban, which remains pending and remains in force. Noting that the Union of India has placed no restriction on purse seine fishing in the Exclusive Economic Zone beyond territorial waters, and that the fishing season would end in February 2023, it passed a "restricted interim order" balancing all interests. Purse seine fishing was permitted beyond Tamil Nadu's territorial waters (but within the EEZ) subject to ten conditions: only currently registered vessels fitted with an approved Vessel Tracking System, operating only on Mondays and Thursdays, leaving after 8 AM and returning by 6 PM the same day, with crew carrying biometric IDs, VTS codes shared with the Fisheries Department, Marine Police, Coast Guard and Navy, colour-coded boats with prominent registration numbers, daily submission of tracking data, docking only at designated centres, and public display of permissions on the Department's website. Earlier 1994 decisions cited by the State were kept open for consideration after a Central Government committee reports.

Lesson Learnt

A State's power to regulate fishing stops at its territorial waters; what happens beyond that line is for the Union. Where an important question is still pending, the Court may craft a tightly conditioned interim arrangement that protects livelihoods while keeping the environmental issue fully open for final decision.

Fisherman Care vs The Government of India, Department of Animal Husbandry, Dairying and Fisheries – Legal Case Shots | LegalAware