Purse Seine Fishing: SC Urges Centre, Tamil Nadu to Adopt Cooperative Federalism
Case Title: Fisherman Care v. Government of India Department of Animal Husbandry, Dairying and Fisheries
Case No.: SPECIAL LEAVE PETITION (C) NO. 8442 OF 2021
Coram: Justice PS Narasimha and Justice Alok Aradhe
Court Observation
“Laws, Rules and Regulations addressing the issue of access to EEZ for fishing using purse seine nets, transiting through the territorial waters of the State have come into force and are operating. For effective and efficient implementation of these rules and regulations, it is necessary for the Union and the State to abide by the principle of cooperative federalism. The Union as well as the State administration, are the duty bearers not only to implement the respective regulations within their province, but also to ensure that the stakeholders have easy access and efficient clearance of their applications to pursue their fundamental rights under Article 19(1)(g) of the Constitution of India, of course subject to reasonable regulations”
“It appears that only 6 Access Passes have been issued. This is said to be the lowest among all coastal States. Not processing the applications in time, virtually amounts to imposing an unwritten ban, which is impermissible in law. The State of Tamil Nadu is directed to ensure effective, efficient and timely clearance of the applications as per the rules and regulations which govern the subject”
Purse Seine Fishing: SC Urges Centre, Tamil Nadu to Adopt Cooperative Federalism
