Madras High Court
Negai Sea Foods Catching Association vs The Secretary To Government on 8 February, 2016
Author: R.Subbiah
Bench: R.Subbiah
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 08.02.2016 CORAM THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.No.1890 of 2016 1.Negai Sea Foods Catching Association, rep. by its President Mr.M.Gubendran, No.3/12, Thonithurai Road, Nagapattinam-611 001. 2.T.Murugandandan, S/o.Thavasimuthu, Door No.22, Perumal Sanidhi, Nagapattinam. ... Petitioners Vs. 1.The Secretary to Government, Ministry of Agriculture and Farmers Welfare, Department of Animal Husbandry, Dairying and Fisheries, Government of India, Kirishi Bhawan, Dr.Rajendra Prasad Road, New Delhi-110 001. 2.The Secretary to Government, Ministry of Environment, Forest and Climate Change, Government of India, Indira Paryavaran Bhavan, Jorbahg Road, New Delhi-110 023. 3.Zoological Survey of India (ZSI), Prani Vigyan Bhawan, M-Block, New alipore, Kolkotta-700 053. ... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, to direct the respondents to consider and pass suitable orders on the petitioner's representations dated 30.09.2015 and 30.10.2015 taking note of the recommendations of the Zoological Survey of India, after affording a personal hearing to the members of the petitioner-Association, within a stipulated period of time. For Petitioners : M/s.Giridhar and Sai For respondents : Mr.P.Saravanan, ACGSC ORDER
This writ petition has been filed by the petitioner praying for issuance of a writ of mandamus directing the respondents to consider and pass suitable orders on the petitioner's representations dated 30.09.2015 and 30.10.2015 taking note of the recommendations of the Zoological Survey of India, after affording a personal hearing to the members of the petitioner-Association, within a stipulated period of time.
2.In the affidavit filed in support of the writ petition, it has been averred by the petitioner, inter alia, as follows:-
2-1.The 1st petitioner is an Association of fishermen, who have been earning their livelihood by fishing for several generations, in the coastal areas of Tamil Nadu, including the Gulf of Manner, Tuticorin, Nagapattinam etc. The 2nd petitioner is a member of the 1st petitioner-Association. The Association has been duly registered under the provisions of the Tamilnadu Societies Registration Act, and it has been striving for protecting the rights and advancing the interests of the fishing community. The Association is also working for conservation of marine resources, which are the very basis for the livelihood of the fishermen.
2-2.In the year 2000, the Government banned fishing of sea cucumber (holothurians). But, no scientific study was undertaken before or immediately after the ban. No measure other than the ban has been taken by the Government to enhance the sea cucumber population. There are nearly 200 known species in the seas around India, most of them in deep waters. About 75 species have been shown to be present in shallow waters while nearly 50 species can be collected from the inter-tidal region. Nearly 20 species of sea cucumber found in the Indian waters have commercial importance. Sea cucumber fishery is an important source for livelihood for fishing communicates in the Southern coast of India.
2-3.While so, the 2nd respondent herein issued a notification dated 11.07.2001 amending Schedule I of he Wild Life (Protection) Act, 1972, and inserting Part IV C II Echinodermata. In fact, in the year 2001, the said Act did not cover marine spices. It was only amended with effect from 01.04.2003, inter alia by amending the definition of an animal under Section 2(i) by including fish, other chordates and invertebrates. The ban has been extended to 14 years, thereby depriving large section of the fishing community of their livelihood. The petitioners herein and other fishermen from various parts of Tamil Nadu have been representing to the Government and other authorities seeking withdrawal of the ban order, as it is adversely affecting the livelihood of the fisher community, who have been depending on fishing and trade in fishing for generations. Sea cucumber fishing and trading is prevalent in numerous regions across the world, including Japan, Australia, China, USA, Egypt, Fiji, Philippines and Galapagos Island (Ecuador). All those regions have experienced depletion of sea cucumber population at various times in the past. The Governments of those countries adopted various regulatory measures and scientific practices in order to conserve a sea cucumber population.
2-4.Recently, the Animal Committee, at its 26th meeting (AC26, Geneva, 15-20 March 2012) encouraged sea cucumber range States to:
i.Promote the conservation and management of sea cucumber that occur on their territories, taking advantage of the information in the publications availabel from FAO, as well as in the reports of the CITES related workshops on Sea Cucumbers in 2003 and 2004 and other publications;
ii.Manage their sea cucumber fisheries in a sustainable way, taking into account the status of stocks, the nature and scale of the fishery, and the use of sea cucumbers, as well as social, economic and historical factors specific to their regions; and iii.Where appropriate, seek the help of FAO or regional fishery-related bodies in managing their cucumber fisheries.
Several studies have been undertaken by Food and Agricultural Organisation (FAO) setting out scientific methods and measures for conservation and for enhancing the populations of various holothurians species, but the Government does not appear to have appreciated or considered those recommendations or explored alternative modes of conservation other than outright ban.
2-5.The fishermen community, whom the petitioners represent, has been put to grave hardship and deprivation of heir means of livelihood. The petitioners recently received a copy of the Report submitted by SZI titled as Studies on Assessment of Sea Cucumber in Palk Bay and Gulf of Manner, vide letter of Public Information Officer, Gulf of Manner biosphere Reserve Trust (GMBRT) dated 28.09.2015 pursuant to an RTI Application filed by the petitioner-Association. After a detailed survey and study of Gulf of Manner and Palk bay fishery regions for two years from January 2011 to December 2012, the Zoological Survey of India (ZSI) has made certain recommendations for managing the sea cucumber population in Palk Bay and Gulf of Manner. Hence, the petitioner has made the representations dates 30.09.2015 and 30.10.2015 to the respondents, seeking revocation of the ban and implementation of more scientific methods of conservation in tune with recommendations of experts and ZSI and sought a persons hearing in this regard. But, the respondents have failed to consider the representations of the petitioner-association and examine the merits of the matter. Hence, the petitioners have come forward with the present writ petition before this Court.
3.Heard the learned counsel for the petitioners and the learned Standing Counsel appearing for the respondents and perused the materials available on record.
4.Considering the limited scope of the prayer sought for by the petitioner, without going into the merits of the claim made by the petitioner, this Court directs the 1st respondent to consider the representations dated 30.09.2015 and 30.10.2015 given by the petitioner-Association and to dispose of the same, on merits and in accordance with law and based on the recommendations of ZSI, by affording an opportunity of personal hearing to the petitioners, within a period of three months from the date of receipt of a copy of this order.
With the above direction, this writ petition is disposed of. No costs.
08.02.2016
Index : Yes/No
Internet : Yes/No
To
1.The Secretary to Government,
Ministry of Agriculture and Farmers Welfare,
Department of Animal Husbandry, Dairying and Fisheries,
Government of India,
Kirishi Bhawan,
Dr.Rajendra Prasad Road,
New Delhi-110 001.
2.The Secretary to Government,
Ministry of Environment, Forest and Climate Change,
Government of India,
Indira Paryavaran Bhavan,
Jorbahg Road,
New Delhi-110 023.
3.Zoological Survey of India (ZSI),
Prani Vigyan Bhawan,
M-Block, New alipore,
Kolkotta-700 053.
R.SUBBIAH, J.
ssv
W.P.No.1890 of 2016
08.02.2016