Down To Earth brings you the top environmental cases heard in the Supreme Court, the high courts and the National Green Tribunal
The apex court gave conditional permission for the use of purse seine nets for fishing beyond the territorial waters of Tamil Nadu but within the Exclusive Economic Zone.
In purse seine fishing, a vertical net connected to a boat is targeted at dense schools of fish in open water. The court issued the interim order January 24, 2023, while responding to a petition filed by an association, Fisherman Care.
The fisheries department of Tamil Nadu, in March 2000, had banned the use of purse seine nets within its territorial waters — 12 nautical miles (22 km from the coastline).
The association had filed a petition before the Madras High Court, seeking permission to carry out purse seine fishing within the territorial waters. But the division bench of the court dismissed the writ Petition in 2021, holding that the government has taken an informed decision.
Mukul Rohtagi, senior counsel appearing for the state of Tamil Nadu, opposed the petition and called it a ‘pernicious’ method of fishing which is harmful to marine life.
Purse seine fishing is a nonselective fishing technology that captures all kinds of fish, including protected species. It is used by “affluent and rich fishermen or big fishing companies, as this technology is costly and is beyond the reach of ordinary fishermen,” the counsel said.
The vast majority of fishermen in Tamil Nadu are engaged in traditional fishing for their livelihood and cannot afford this technology, they added.
The coastal states / Union Territories such as Gujarat, Kerala, Andhra Pradesh, Odisha, Karnataka, Goa and West Bengal have not made any restrictions on purse seine fishing within their territorial waters. Only Tamil Nadu and Maharashtra have the ban in place, noted a bench of judges AS Bopanna and Sudhanshu Dhulia.
KM Nataraj, additional solicitor general for the Union government, informed the court that the Centre has not put any restrictions on this method of fishing.
A large number of families are dependent on fishing. The fishing season of 2023 will end by February. If fishermen are not allowed to fish beyond territorial waters, they will incur a huge loss. They had invested a lot in purchasing vessels as well as purse seine fishing nets, counsel for the petitioners said.
The method of purse seine fishing has more than one aspect that needs to be looked into by the court, the court noted.
The Calcutta High Court overturned a ban on the use of hookahs in bars and restaurants of Kolkata and neighbouring Bidhannagar (Salt Lake). The ban was imposed by the civic authorities in the two cities.
A bench of judges headed by Justice Rajasekhar Mantha on January 24, was responding to a petition filed by The National Restaurant Association of India.
The West Bengal government has not established any regulations in this regard. In the absence of such regulations, the municipal corporations of Kolkata and Bidhannagar cannot impose restrictions on the use of hookahs in bars and restaurants with valid licences, the court pointed out.
“If there are no prohibitions on smoking cigarettes, why should there be one on hookahs which mix herbal products with nicotine,” the court asked.
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