Madras High Court
Unknown vs Union Of India on 22 April, 2019
Bench: S.Manikumar, Subramonium Prasad
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.04.2019
CORAM:
THE HONOURABLE MR.JUSTICE S.MANIKUMAR
and
THE HONOURABLE MR.JUSTICE SUBRAMONIUM PRASAD
W.P.No.14156 of 2017
W.M.P.No.20652 of 2018
Fishermen Care Registered Association
bearing S.L.No.386 of 2010
rep by its President
L.T.A.Peter Ryan
No.6, Nagalakshmi salai,Tiruchandur Nagar
Old Pallavaram, Chennai-600 117 .. Petitioner
v.
1. Union of India,
Rep. by the Secretary,
Ministry of External Affairs
Government of India,
New Delhi-110 001.
2. State of Tamil Nadu
Secretary to Government
Department of Animal Husbandry, Dairying and
Fisheries Department, Fort. St. George
Chennai-600 009.
3. The Secretary to Government
Ministry of Agriculture and Farmers' Welfare
Government of India, New Delhi. .. Respondents
(suo motu impleaded by this
Court on 22.04.2019)
http://www.judis.nic.in
2
Prayer: Writ Petition is filed under Article 226 of the Constitution of
India, to issue a writ of mandamus, directing the 1st respondent to refer
the matter of the Human Right violations committed by the Sri Lankan
Nay with impunity for the past 34 years against the fisherman of India to
the International Court of Justice for taking action against the Sri Lankan
Navy for violation of the 1974 agreement entered between India and Sri
Lanka.
For Petitioner : Mr.L.P.Maurya
For Respondents : Mr.G.Karthikeyan for R1, ASSG
Mr.E.Manoharan, Addl.Govt.Pleader
for R2
ORDER
(Order of this Court was made by S.MANIKUMAR, J.) Fishermen Care Registered Association has filed the instant writ petition seeking a writ of mandamus, directing the Secretary, Ministry of External Affairs, Government of India, New Delhi, 1st respondent to refer the matter of the Human Right violations committed by the Sri Lankan Navy with impunity for the past 34 years against the fishermen of India to the International Court of Justice for taking action against the Sri Lankan Navy for violation of the 1974 agreement entered into between India and Sri Lanka.
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2. President of the abovesaid association hails from a coastal village of Tamil Nadu. Association is interested in the welfare of Fishermen.
According to the petitioner, Human Right Violations are committed by Sri Lankan Navy, while fishermen engage in fishing in Palk Strait, an historic waters falling between India and Sri Lanka, since 1983 onwards.
Petitioner has alleged Human Right violations by the Sri Lankan Navy with impunity for the past 34 years against fishermen of India, to the International Court of Justice for taking action against the Sri Lankan Navy for violation of the 1974 agreement.
3. On 14.09.1990, Sri Lankan Air Force opened fire against Indian fishing vessel in which Indian Fisherman of Tamil Nadu were killed. Since no action was taken by the 1st respondent, Sri Lankan Navy, has been committing inhuman atrocities against Indian Fishermen of Tamil Nadu with impunity for the past 34 years.
4. Petitioner has submitted that Indian fishermen of Tamil Nadu and Sri Lanka have been enjoying their traditional rights of Navigation and fishing in the waters of Palk Strait falling between India and Sri Lanka.
Petitioner has further submitted that Article 12 of Geneva Convention 1958 stipulates that the line of delimitation between the territorial sea of http://www.judis.nic.in 4 the two states lying opposite to each other or adjacent to each other are determined based on the historic title on both sides or the principle of equidistance. The island of Katchatheevu has a historic significance, before and after, Independence of India. After Independence the Madras State Government by way of an order No.2093 dated 11.08.1949 declared Katchatheevu as Barren island under Rameswaram revenue village in survey No. 1250, in an area of 285 acre and 20 cents. This factual position was not taken into account while determining the maritime boundary in Palk Strait historic water between India and Sri Lanka.
5. Petitioner has submitted that during 1974 the Prime Ministers of India and Sri Lanka signed an agreement due to which the Indian island of Katchatheevu is now falling on the side of Sri Lanka. Katchatheevu was ceded to Sri Lanka, leaving larger area proximate to Sri Lanka, so that Katchatheevu is falling on the side of Sri Lanka, ignoring Article 368 of Indian Constitution and Article 12 of the Geneva Convention 1958. To protect the traditional rights of fishermen of both the countries special provisions Article 5 and 6 were incorporated in 1974 agreement. Article 5 of the above said agreement which was signed in 1974, by the sovereign powers of India and Sri Lanka, reads as follows:
http://www.judis.nic.in 5 “subject to the foregoing, Indian fisherman and pilgrims will enjoy access to visit Katchatheevu as hitherto and will not be required by Sri Lanka to obtain documents for visas for this purpose.” Article 6 reads as follows:
“The vessels of India and Sri Lanka will enjoy in each other waters such rights as they have traditionally enjoyed therein”
6. Petitioner has submitted that customary rights of both the countries to engage in fishing in the historic waters were retained in the above said agreement, as these rights were enjoyed from time immemorial shall not be taken away, by any Treaty and the Hon'ble President of India had given his assent to the said agreement. A second agreement was signed on 23.03.1976, demarcating the boundary between the two countries, in the Gulf of Mannar and Bay of Bengal. This agreement sought only to define the boundary line in the area not covered by the earlier agreement. All other provisions of 1974 agreement remain valid and have not been superseded. The customary rights of the fishermen of both the countries in the historic waters were taken away by the letter of the Foreign Secretary of India, addressed to the Secretary in http://www.judis.nic.in 6 the Ministry of Defence and Foreign Affairs government of Sri Lanka, dated 23.03.1976 which reads as follows:
“The fishing vessels and fishermen of India shall not engage in the historic waters the territorial sea and the exclusive Economic zone of Sri Lanka nor shall the fishing vessels and fishermen of Sri Lanka engage in fishing in the historic waters, the territorial sea and the exclusive economic zone of India without the express permission of Sri Lanka or India as the case may be.”
7. Petitioner has submitted that the Hon'ble President of India did not give his assent to this executive instruction. Therefore, the above portion of the letter issued by the Foreign Secretary, Government of India, taking away the traditional rights of fishing of Indian Fishermen in the Palk Strait protected under Article 6 of 1974 agreement signed by both the Prime Ministers of India and Sri Lanka and approved by the Hon'ble President of India is ultra vires. But taking advantage of this executive instruction, according to the petitioner, Sri Lankan Navy has been attacking the Indian fishermen who engage in fishing in Palk Strait between India and Sri Lanka.
8. Petitioner has further submitted that fishermen from Tamil Nadu http://www.judis.nic.in 7 are exercising their traditional rights of fishing in the historic waters between India and Sri Lanka, only on the premise that such rights have been protected under Article 6 of the 1974 agreement. According to the petitioner, hundreds of fishermen were killed, several hundred crores worth of their properties were immersed in the ocean. Reports of the Indian Coast guard, as on 05.12.2013, highlight that from 1983 to 26.11.2013 totally, 111 fisherman have been killed by the Sri Lankan Navy and 16 fisherman are missing or shot dead and 439 fisherman have been injured. Petitioner has submitted that Government of India have failed to protect the rights of the fishing of Indian Tamil fishermen in Palk Strait, conferred under Article 6 of 1974 agreement. Indian fishermen are arrested by Sri Lankan Navy in gross violation of Article 6 of the 1974 agreement.
9. Petitioner has made a representation to the 1st and 2nd respondent on 24.04.2017 to refer the matter of human right violations committed by the Sri Lankan Navy with impunity for the past 34 years against the fishermen of India to The International Court of Justice, but no action has been taken by the 1st respondent.
http://www.judis.nic.in 10. Petitioner has raised grounds by stating that the inaction of the 8 respondents in failing to enforce Article 6 of 1974 agreement and to protect the traditional fishing rights of the India fishermen who are affected by the attack by Sri Lankan Navy, which is in violation of Article 19(1)(g) and Article 21 of the Constitution of India. Indian fisherman of Tamil Nadu are exercising their traditional rights of fishing in Palk Strait in the historic waters between India and Sri Lanka, on the premise that the same is guaranteed under Article 6 of the 1974 agreement entered between India and Sri Lanka. When the Indian fishermen of Tamil Nadu are subject to attack by Sri Lankan Navy, they are exercising their traditional rights of fishing in the historic waters between India and Sri Lanka in Palk strait, and it is the bounden duty of the 1 st respondent to protect their life and livelihood. A duty and obligation is cast upon the State under Article 21 of the Constitution of India to ensure that the Indian fishermen live with dignity and their traditional fishing rights are protected in accordance with Article 6 of the 1974 agreement.
11. Petitioner has further submitted that fishermen of Tamil Nadu are deprived of their right to life and livelihood when they are attacked by Sri Lankan Navy and their boats are damaged, nets are destroyed, while they exercise their traditional rights of fishing in the waters between India and Sri Lanka. The respondents ought to have resorted to http://www.judis.nic.in 9 some lawful remedy, when the agreement between Indian and Sri Lanka is breached for protecting the life and personal liberty of citizens. On the above averments, the petitioner has prayed to issue a writ of mandamus directing the Secretary, Ministry of External Affairs, Government of India, New Delhi, 1st respondent herein, to refer the matter of Human Right violations committed by Sri Lankan Navy with impunity for the past 34 years against the fisherman of India to the International Court of Justice for taking action against the Sri Lankan Navy for violation of the 1974 agreement entered between India and Sri Lanka.
12. According to the petitioner, there is violation of human rights. Article 6 of the 1974 agreement has been violated. There is violation of Article 19(1)(g) and Article 21 of the Constitution of India.
The respondents have failed to take appropriate action. Though the petitioner has sent a representation, dated 24.04.2017 to the 1st respondent, to refer the matter to International Court of Justice, Geneva, no action has been taken and hence the writ petition, for the relief as stated supra.
13. Mr.G.Karthikeyan, learned Assistant Solicitor General, appearing for 1st respondent submitted that there is no treaty conferring http://www.judis.nic.in 10 jurisdiction for the International Court of Justice (In short, "ICJ") to which India is a Party; no Special Agreement between India and Sri Lanka for submitting it to ICJ; and in view of the reservations entered by India in its Optional Declaration concerning Compulsory Jurisdiction of ICJ, there is no legal basis available to India for invoking ICJ’s jurisdiction in the present matter. Foreign policy in India is purely an executive function to be performed by the Central Government. Policy issues are not amenable to writ jurisdiction under Article 226, as remedy under Article 226 and it is available only against a right which is legally protected and judicially enforceable. Moreover, Mandamus is issued for directing to perform, or refrain from performing, a particular act, the performance or omission of which is required by law as an obligation. He submitted that the duty sought to be enforced must be a duty of public nature, viz., created by a provision of the Constitution, or a Statute. Learned counsel further submitted that seeking remedies against a Foreign State, therefore, is not amenable under Article 226, where, only infraction of a legal right is remedied.
14. Learned Assistant Solicitor General, submitted that Special Civil Application No. 3633 of 1999 filed by Jagjit singh Aurora and other Vs. Union of India, in the High Court of Gujarat, pertains to release and http://www.judis.nic.in 11 repatriation of 54 Indian Prisoners of 1965 and 1971 Wars (PoWs) believed to be in Pakistan’s custody. The High Court of Gujarat pronounced its judgment on 23 December, 2011, wherein the Court directed the Union of India to approach ICJ and to pay service and retirement benefits to the Next-of-Kin of the PoWs, as per the extant rules, as if they retire on superannuation. In this connection, it may be noted that Government of India (in 2012) had taken a similar stand before the Hon’ble Supreme Court of India (C.A. No. 280/2016; SLP (C) [CC] 8471/2012; SLP (C) No.15664/2012) that the matter cannot be taken up before the ICJ, as it lacks jurisdiction. Learned Assistant Solicitor General further submitted that after the initial hearing, the Hon’ble Supreme Court stayed the direction in Para 27 (a) of the impugned judgment of the Gujarat High Court and the matter is still pending before the Hon’ble Supreme Court.
15. According to Government of India, incidents of straying of fishermen in Palk Straits and Gulf of Mannar are common. Government of India have admitted that there have been reports that for straying into Srilankan territorial waters, fishermen have been apprehended or attacked. Government of India have also admitted that to ensure safety, early release and repatriation dialogues, there was dialogues between the countries. Government of India have also stated that steps have been http://www.judis.nic.in 12 intensified for a permanent solution. Government of India have categorically stated that efforts are being taken to find a long standing solution to the fishermen issues. In the joint meeting, both the countries have agreed on the need to work out a permanent solution to the fishermen issues. After deliberation, the two countries have decided to have Standard Operating Procedures (SOPs) and Confidence Building Measures (CBMs), Government of India, have also stated that Navy and Coast Guard of the two countries have taken all possible measures to ensure that there is no physical harm or loss of life, while apprehending fishermen transgressing into each other's territorial waters. According to Government of India, exploring the possibility of introducing effective tracking system for the fishing vessels and making use of communication equipment mandatory. Government of India, have also candidly stated that the issue of fishermen is emotive, involving livelihood, long standing socio-economic practices and humanitarian concern on both sides and this need to be handled, with great care and sensitivity.
16. Learned Assistant Solicitor General, further submitted that in October 2008, both the countries have agreed on certain practical arrangements to deal with the issue of bona fide fishermen of either side crossing the IMBL. From time to time there have been reports of incidents http://www.judis.nic.in 13 wherein Indian fishermen have been apprehended or attacked by Sri Lankan Navy for straying into Sri Lankan territorial waters. Government of India, through diplomatic channels, immediately resorted consular access in all such cases and also initiated dialogue with the Sri Lankan authorities to ensure the safety, security, early release and repatriation of Indian fishermen. Government of Sri Lanka in the past, has stated that the Sri Lankan Navy, apprehends and takes into custody Indian fishermen found to be in Sri Lankan waters, close to its coast.
17. Learned Assistant Solicitor General further submitted that Government of India has intensified the efforts to find a permanent solution to the fishermen issues between India and Sri Lanka. The 9th meeting of the India-Sri Lanka Joint Commission held on 5th February 2016 agreed on the need to work out a permanent solution to the fishermen issues. It was agreed that the Minister of Fisheries and Aquatic Resources Development of Sri Lanka would be invited to India by the Minister for Agriculture and Farmers Welfare for discussions on the fishermen issues.
On the request of the Sri Lankan side, a Ministerial meeting was held on 5th November 2016 between the fisheries and foreign ministers, which was preceded by a Fishermen Association Meeting on 2nd November 2016. As agreed at the Ministerial Meeting, a Joint Working Group was constituted http://www.judis.nic.in 14 and the first meeting was held in New Delhi on 31st December 2016. This was followed by the 2nd Ministerial meeting held on 02nd January 2017 in Colombo. These meetings made substantial progress in agreeing to a set of Standard Operating Procedures (SOPs) and Confidence Building Measures (CBMs).
18. Learned Assistant Solicitor General further submitted that the JWG proposed Confidence Building Measures (CBMs) which included - Navy and Coast Guard of the two countries, shall take all possible measures to ensure that there is no physical harm or loss of life while apprehending fishermen transgressing into each other’s territorial waters; intensify cooperation on patrolling and institute periodic interaction between the Coast Guard of the two countries; explore the possibility of introducing effective tracking systems for the fishing vessels and making the use of onboard communication equipment mandatory. Both sides agreed to a set of Standard Operating Procedures (SOPs) to expedite the release and handing over of fishermen in each other’s custody on completion of the respective legal and procedural formalities. The Sri Lankan side reiterated that the practice of bottom trawling needs to end at the earliest. The Indian side explained in detail the measures being taken by Government of India pending the transition towards phasing out the http://www.judis.nic.in 15 practice of bottom trawling. However, on the issue of release of fishing vessels, the Sri Lankan delegation was non-committal and explained that they do not have the mandate to agree to anything. The second JWG Meeting was held in Colombo on 7 April 2017, which took stock of the CBMs and the implementation of SOPs.
19. Learned Assistant Solicitor General further submitted that the matter of apprehension and alleged incidents of attack on Indian fishermen have been taken up during bilateral meetings, including at the highest levels. During their interactions with their Sri Lankan counterparts, Prime Minister and External Affairs Minister have pointed out that the issue of fishermen is an emotive and complex one, involving livelihood, longstanding socio economic practices and humanitarian concerns on both sides and thus needs to be handled with great care and sensitivity. They also strongly emphasized the need to treat Indian fishermen humanely and for the Sri Lankan Navy not to attack or resort to firing under any circumstance. It has also been conveyed to the Sri Lankan leadership that there are no quick fixes in trying to alter socio-economic patterns of subsistence that have developed over decades.
http://www.judis.nic.in 20. Learned Assistant Solicitor General appearing for the first 16 respondent further submitted that Under Article 36 of the Statute of the International Court of Justice (ICJ), the jurisdiction of ICJ is based on the consent of the parties. The various ways by which States may consent to have their disputes of a legal nature decided by the ICJ are indicated in Article 36 of the ICJ Statute and they are as follows:
1. Article 36 Paragraph 1 thereof provides:
“The jurisdiction of the Court comprises all cases which the parties refer to it and all matters specially provided for in the Charter of the United Nations or in treaties and conventions in force.” i. Special Agreement
3. The first possibility is that where the parties bilaterally agree to submit their dispute to the ICJ and thus to recognize its jurisdiction for purposes of that particular case. Such an agreement conferring jurisdiction on the Court is known as a special agreement” or “compromis”.
Once such a special agreement has been reached and lodged with the Court, the Court can entertain the case.
4. It is highly unlikely that Sri Lanka will enter into any special agreement with India for invoking ICJ jurisdiction.' ii. Compromissory clause
5. The second possibility envisaged in Article 36, paragraph 1. of the Statute is where treaties or conventions in force confer jurisdiction on the Court. There is a general http://www.judis.nic.in international practice to include provisions in international 17 agreements, both bilateral and multilateral on dispute settlement known as compromissory clause. It stipulate that disputes of a given class shall or may be submitted to one or more methods for the pacific settlement of disputes including ICJ, depending upon the compromissory clause may provide
6. I submit that, there is no bilateral or multilateral treaty applicable between India and Sri Lanka which may confer jurisdiction over the ICJ in the matter concerning fishermen. Neither the 1974 and 1976 bilateral Agreements nor the Geneva Convention. 1958 referred to in the Writ Petition contain such a clause. Therefore, the ICJ jurisdiction cannot be invoked under these instruments.
iii. Declaration Recognizing the Jurisdiction of the Court as Compulsory (Compulsory Jurisdiction) 7 .I submit that, the third means of consent to the Court’s jurisdiction is set out in paragraphs 2 and 3 of Article 36 of the Statute:
"2. The States parties to the present Statute may at any time declare that they recognize as compulsory ipso facto and without special agreement, in relation to any other State accepting the same obligation, the jurisdiction of the Court in all legal disputes concerning:
(a) the interpretation of a treaty ;
(b) any question of international law ;
(c) the existence of any fact which, if established, would constitute a breach of an international obligation ; http://www.judis.nic.in
(d) the nature or extent of the reparation to be made 18 for the breach of an international obligation.
3. The declarations referred to above may be made unconditionally or on condition of reciprocity on the part of several or certain States, or for a certain time.”
8. I submit that, it is necessary to state here that, Sri Lanka has not accepted compulsory jurisdiction of the ICJ. On the other hand, India while accepting the compulsory jurisdiction of the court under Article 36(2) of its Statute, on the basis of reciprocity, inter-alia, specifically excluded from the jurisdiction of the Court disputes with the Government of any State which is or has been a member of the Commonwealth of Nations (Reservation 1); and Reservation 10: disputes with India concerning or relating to:
(a) the status of its territory or the modification or delimitation of its frontiers or any other matter concerning boundaries;
(b) the territorial sea, the continental shelf and the margins, the exclusive fishery zone, the exclusive economic zone, and other zones of national maritime jurisdiction including for the regulation and control of marine pollution and the conduct of scientific research by foreign vessels;
(c) the conditions and status of its islands, bays and gulfs and that of the bays and gulfs that for historical reasons belong it;
(d) the airspace superjacent to its land and maritime territory; and http://www.judis.nic.in
(e) the determination and delimitation of its maritime 19 boundaries.”
21. Learned Assistant Solicitor General, further submitted that in view of the above mentioned Declaration, India cannot invoke the compulsory jurisdiction clause for filing a case against Sri Lanka which is a member of the Commonwealth and the issue being maritime related affairs. It may be recalled that ICJ in Aerial Incident case upheld India’s argument that in view of India’s commonwealth reservation, Pakistan being a Commonwealth country cannot bring an action against India in ICJ.
22. Learned Assistant Solicitor General further submitted that there is no other treaty including human rights treaties under the provisions of which, the alleged action of Sri Lankan Navy could be established as human rights violation, and thereby confer jurisdiction of ICJ in the present matter. In light of the above, it can be seen that there is no legal basis available to India for invoking ICJ’s jurisdiction in this matter against Sri Lanka.
23. Mr.E.Manoharan, learned Additional Government Pleader took this Court to the status reports of the State Government, dated http://www.judis.nic.in 20 16.08.2018 and submitted that safety and security of fishermen are given top priority by the Government of Tamil Nadu and steps are being taken to improve the status of Tamil Nadu Fishermen. Government of Tamil Nadu have made it clear that their major policies are, viz., (i) Protecting the traditional fishing rights of the fishermen; (ii) Ensuring the safety of fishermen while fishing in the sea; and (iii) Providing social security to the fisher folk through various relief scheme. Government of Tamil Nadu in the status report, dated 16.08.2018, have stated that 168 incidents of shooting on Indian Fishermen have occurred between 1991 and 2013, in which, 85 fishermen died and 180 fishermen sustained injuries.
Subsequently, in 2017, in another shooting incident, a 21 year man died and two sustained injuries.
24. Government of Tamil Nadu have further stated that fishermen who stray on the other side of the International Maritime Boundary Line (IMBL), to pursue the fishing occupation in their traditional areas were harassed / attacked by Sri Lankan Navy / Miscreants in violation of the International Laws as specified in the United National Convention on the Laws of the Sea.
http://www.judis.nic.in 25. Government of Tamil Nadu, in the said report, have stated 21 that the security agencies should also liaise with the Sri Lankan Navy, and ensure that fishermen are not harassed / attacked in violation of the norms laid down in the United Nations Convention on the Laws of the sea (UNCLOS). Among other things, Government of Tamil Nadu have stated that a number of steps are being taken by various departments concerned, in order to ensure that fishermen of Tamil Nadu, are safe and secure, while seeking to pursue their livelihood.
26. Government of Tamil Nadu, in the report, dated 16.08.2018, have stated that in order to further ensure the security and safety of fishermen, State Government, in coordination with the Government of India have introduced a scheme on Issuance of Bio-metric Identity cards to the Fishermen. Most of the fishermen in the State of Tamil Nadu have been issued with Biometric Identity cards. Government of Tamil Nadu along with Government of India have introduced a scheme of “online registration of fishing vessels”. All the fishing vessels are registered under this scheme. In order to ensure the safety and security of the fishermen, Government of Tamil Nadu have also introduced the scheme of “Seamless Communication Network” to the fishing crafts and it is being implemented.
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27. In the status report, dated 16.08.2018, Government of Tamil Nadu have stated that since 2011, a total of 3033 fishermen and 393 fishing boats have been released and brought back to Tamil Nadu. As on 16.08.2018, 29 fishermen and 177 boats are still languishing in the Sri Lankan custody. Year wise apprehension and release of fishermen and fishing boats from Tamil Nadu by the Government of Sri Lanka, are furnished below:
Year Fisherman Boats
Apprehended Released Apprehended Released
2011 222 222 41 41
2012 219 219 39 39
2013 645 645 119 119
2014 787 787 158 158
2015 378 378 61 36
2016 290 290 53 0
2017 413 413 79 0
2018 108 79 20 0
Total 3062 3033 570 393
28. From the rival submissions of the petitioner association and 1st respondent, it could be deduced that fishing in Palk Strait and Gulf of Mannar, according to the petitioner has been taken away by a letter, dated 23.03.1976, of the Foreign Secretary to the Government of India, http://www.judis.nic.in 23 treaties entered into between India and Sri Lanka, in 1974 and 1976 respectively, have been breached, many fishermen have been arrested, 439 injured and 111 fishermen killed.
29. Though the prayer sought for, is opposed on the facts and grounds, stated supra, from the counter affidavit of the Secretary, Ministry of External Affairs, Government of India, New Delhi, 1st respondent, straying and crossing International Maritime Boundary Line (IMBL), agreed to, between India and Srilanka, through bilateral agreements in 1974 and 1976, alleged by the Indian Fishermen, is the main cause for arrest and death. It could be seen that IOR Division of Ministry of External Affairs, Government of India, has been recognised as the nodal department in handling fisheries related matters. On 31.08.2018, we directed the first respondent to file a report, on the effective steps/measures taken by Government of India, to prevent Indian Fishermen, from crossing International Maritime Boundary Line (IMBL). Besides submitting a report dated 12.09.2018 on the steps taken through the bilateral deliberations, Secretary, Ministry of External Affairs, Government of India, New Delhi, 1st respondent herein, has stated as follows:
"6. I submit that, the JWG agreed to establish joint patrolling around IMBL by Coast Guard/Navy of both the http://www.judis.nic.in 24 countries for better coordination and monitoring, and establishment of hotline connectivity for quick communication between Coast Guards of both the countries. The Hotline has since been established between Coast Guards of both the countries and joint patrolling has been strengthened around the IMBL with enhanced cooperation of both the Coast Guards to prevent trespassing of fishing boats. In addition, ISRO was requested to develop transponders for tracking movements of fishing vessels. ISRO and Indian Navy have installed a few transponders on fishing vessels on trial basis for tracking their movements. On successful implementation, it is proposed to install transponders on large scale mainly in fishing boats of States having close proximity of neighbouring countries, including Tamil Nadu so as to locate their movements and prevent cross-border fishing activities. Government of Tamil Nadu has communicated a list of 1215 boats for the fitment of transponders to ISRO. Further, 245 upgraded units of transponders have been installed in the fishing boats from various coastal districts of Tamil Nadu.
7. I submit that, scheme of seamless communication to fishermen with World Bank assistance is now under implementation by Tamil Nadu Government. The construction of towers under progress and out of 7 neW towers proposed, 2 towers completed and remaining 5 is in progress. The construction of towers is expected to be completed in September 2018 and will be operationalised. http://www.judis.nic.in All 15004 5W handsets and 2535 25W handsets have been 25 delivered to Department of Fisheries. The handsets are being supplied to the fishermen and 14955 5W handsets and 2474 25W VHF sets have been distributed to the fishermen and are being used in simplex mode at present."
From the report, it could be seen that Government of India have categorically referred to “ Blue Revolution Scheme ”, implemented by Department of Animal Husbandry, Dairying & Fisheries (DADF), in association with Government of Tamil Nadu, from 2017, which we shall discuss in the latter portion of this judgment.
30. From the above, it could be deduced that besides the steps taken by the 1st respondent, with the Coast Guard of India, it is stated that ISRO was requested to develop transponders for tracking movements of fishing vessels. ISRO and Indian Navy have installed a few transponders on fishing vessels on trial basis for tracking their movements. On successful implementation, it was proposed to install transponders on large scale mainly in fishing boats of States having close proximity of neighbouring countries, including Tamil Nadu so as to locate their movements and prevent cross-border fishing activities. Government of Tamil Nadu have communicated a list of 1215 boats for the fitment of transponders to ISRO. Further, 245 upgraded units of transponders have http://www.judis.nic.in been installed in the fishing boats from various coastal districts of Tamil 26 Nadu.
31. Government of India have also referred to the scheme of Seamless Communication of Fisheries, with the assistance, implemented by Government of Tamil Nadu. Government of India have also referred to the construction of towers. Issuance of handsets to the fishermen.
32. In our order, dated 17.09.2018, we have also recorded the fact that out of seven towers, construction of two towers have been completed and the balance five would be completed in September' 2018.
Handsets of different specifications have been delivered to the Department of Fisheries, to be fitted in boats. Paragraphs 4 to 6 of the said order are extracted hereunder:
“4. Mr.Mohanasundaram, Additional Director, Government of Tamil Nadu, Department of Animal Husbandry Dairying and Fisheries, Chennai, present in Court, submitted that there are approximately 34000 fishing boats in Tamil Nadu. In Nagapattinam to Rameshwaram region, there are 3000 Mechanized Fishing Boats and 11000 country boats. He further submitted that the cost of transponder is Rs.8,000/-. http://www.judis.nic.in 5. Additional Director, Government of Tamil Nadu, 27 Department of Animal Husbandry Dairying and Fisheries, Chennai, further submitted that signal from the transponder, is sent to the satellite. In case, the movement of the boat exceeds 12 nautical miles, there would be a beep sound, warning the fishermen not to cross the said distance. Signal is one way, whereas signal from the tower is bothways, i.e. for the boatmen, as well as the person incharge of the tower, to communicate.
6. Additional Director, Government of Tamil Nadu, Department of Animal Husbandry Dairying and Fisheries, Chennai, is directed to submit the details as to how the boat transponder and towers, operate. He is further directed to submit a report, as to whether, fishermen of Nagapattinam to Rameshwaram region, for the present, can be given transponder and VHF handsets, on subsidy basis.”
33. Mr.DIG Donny Michael, Chief Staff Officer (Operations), Coast Guard Region East, Chennai and Mr.G.Mathialagan, Technical Project Co-
ordinator, National Agricultural Development Programme, have explained as to how Coast Guard Ships patrol, during day and night, towards maintaining internal security, prevention of smuggling and their role of Coast Guard, to remind the fishermen, not to cross the border. We place on record, the report of the above Officers, which states that with the existing signal/rador system, fishermen, who reach the disputed area can http://www.judis.nic.in 28 be tracked, distance between the shore and fishing boat measured and warned, provided that all boats are fitted with transponders and VHF handsets. Thus, on the basis of the affidavit of Mr.DIG Donny Michael, Chief Staff Officer (Operations), Coast Guard Region East, Chennai, on 28.09.2018, this Court passed the following order:
“Mr.DIG Donny Michael, Chief Staff Officer (Operations), Coast Guard Region East, Chennai and Mr.G.Mathialagan, Technical Project Co-ordinator, National Agricultural Development Programme are present.
2. Mr.DIG Donny Michael, Chief Staff Officer (Operations), Coast Guard Region East, Chennai, explained as to how Coast Guard Ships patrol, during day and night, towards maintaining internal security, prevention of smuggling and take up the role of constantly reminding the fishermen, not to cross the border, which entails in capturing of Indian fishermen and boats. He further submitted that so far, there is no case of Srilankan fishermen, crossing the disputed Palk Bay area, for fishing.
But at times, boats which cross are signalled, not to breach. He further submitted that with the existing signal/rador system, fishermen boats reaching the disputed area can be tracked, the distance, measured and warned, provided that all boats are fitted with transponders and VHF handsets.
3. Though Mr.DIG Donny Michael, Chief Staff Officer (Operations), Coast Guard Region East, Chennai, has http://www.judis.nic.in explained as to how safety measures are taken, we direct 29 him to file an affidavit, setting out all the technical details as well.
4. Mr.T.N.Rajagopalan, learned Government Pleader submitted that the issue regarding the supply of transponders and VHF handsets, on subsidy basis, is a policy matter and decision has to be taken. He further submitted that so far, four proto type and 241 improved versions of transponders have been fitted in the , on trial basis.
5. Mr.G.Karthikeyan, Assistant Solicitor General, Government of India submitted that as per the instructions, ISRO has a list of four manufacturers of transponders.
6. Details of the manufacturers and the status of MSS Transponder Terminals (Fishing Boat Terminals) Installation in sub 20 m fishing boats are extracted hereunder.
(i). M/s. Anant Technology Ltd., Hyderabad
(ii). M/s. Alpha Design, Bangalore
(iii). M/s. Accord, Bangalore
(iv). M/s. Sankhya Labs, Bangalore.
7. Mr.V.R.Raghavachari for Mr.L.P.Maurya, learned counsel appearing for the petitioner, Fisherman Care, Registered Association, Chennai, submitted that fishermen would be benefited, if transponders and VHF hand sets are fitted in all boats, which according to him would solve the issues of fishermen, getting entangled themselves, in that area.” http://www.judis.nic.in 30
34. Thereafter, this Court, on 05.10.2018, passed the following orders:
“From the status report of the Additional Director of Fisheries (Marine) Department of Fisheries, Chennai, it could be seen that 241 improved versions of transponders have been installed in mechanised fishing boats of the Chennai, Nagapattinam, Thoothukudi and Kanyakumari Districts in Tamilnadu, on trial basis. Four prototype transponders have been installed in mechanised fishing boats in Kanyakumari. Details of the above are extracted hereunder.
S.No. Name of the District Proto Type Improved
transponders version
(in nos.) Transponders
(in Nos.)
1 Chennai 0 74
2 Nagapattinam 0 50
3 Thoothukudi 0 47
4 Kanniyakumari 4 76
Grand Total 4 241
2. Though incidents of fishermen from Rameshwaram missing, have been reported, we find that none of the mechanised fishing boats in Ramanathapuram District, have been installed with the improved version of transponders.
3. Mr.L.P.Maurya, learned counsel for the petitioner submitted that for installation of transponders and VHF hand sets, members of the Fishermen Care Association / http://www.judis.nic.in petitioner have no objection and it is also his submission 31 that by such installation of transponders and VHF hand sets in every fishing boat, with constant monitoring and surveillance of Coast Guard, incidents of fishermen missing or capturing would be avoided in future. Submission is placed on record.
4. Members of Fishermen Care, Chennai, are directed to make a request to the Indian Space Research Organisation (ISRO), to install transponders in the fishing boats of Ramanathapuram District.
5. Mr.L.P.Maurya, learned counsel for the petitioner shall revert on the above in the next hearing."
35. Based on the order, dated 05.10.2018, Indian Coast Guard has filed a report dated 09.10.2018 and the data on the fishing boats/fish catch in the region (Palk Bay and GoM), as hereunder:
SI. Description Quantity
No of fishing boats
(a) No of Country crafts in Palk Bay 3589 Nos
(b) No of Country crafts in Palk Bay 1592 Nos
(c) No of motorized craft in Palk Bay 10375 Nos
Annual Fish Catch
(a) Palk Bay 35723 Tons
(b) Gulf of Mannar 34623 Tons
http://www.judis.nic.in
36. On the aspect of alleged crossing by fishermen and 32 controlling, Deputy Inspector General, working as Chief Staff Officer (Operations), Headquarters at Chennai, has stated that IN (Indian Navy) and ICG (Indian Coast Guard) patrol vessels, are unable to stop Indian fishing vessels, crossing the IMBL, as they venture out in large numbers, in night and cross the IMBL, at high speed. Coast Guard and Government of India, have stated that, unless the graded use of necessary deterrent force used, even after repeated and adequate warning is given, to stop the Indian Fishermen, it is highly impossible to stop them, except few through, interception of the fishing vessels, just before IMBL. If Coast Guard ship cross over, it becomes a violation, even for shepherding the Indian vessel back to the Indian side of the IMBL. According to Coast Guard, notwithstanding these, the Indian Coast Guard ships have taken great efforts, to prevent Indian fishing boats crossing the IMBL and it continues to do so, every day.
37. According to Indian Coast Guard, in the absence of any powers conferred on them to arrest/apprehend them, while they enter back to Indian side of IMBL, after fishing across the IMBL, Coast Guard ships, notes down the particulars of Indian fishing vessels and forward a letter to the Tamil Nadu Fisheries Department, to take suitable action against the vessel crossing the IMBL. According to Indian Coast Guard, in http://www.judis.nic.in 33 the past six months, they have sent 02 letters indicating violation by 194 Indian fishing boats. In addition, Sri Lankan Navy have regularly intimated Coast Guard, about IMBL violation by Indian fishing boats, by mentioning of the registration numbers of the Indian fishing boats, for suitable action. Said information is also passed to the TN Fisheries Authorities, for necessary action.
38. Though Indian Coast Guard states that it does not have the power to apprehend/arrest Indian Fishermen, who cross the IMBL, it is evident from their version that they can track them. From the counter affidavit of Coast Guard, it is also evident that for the past six months, 194 fishing boats have crossed IMBL.
39. On the feasibility of fitments of transponders onboard, in Indian Fishing Boats, for tracking and accountability, Deputy Inspector General, working as Chief Staff Officer (Operations), Headquarters at Chennai, Coast Guard, has stated that Mechanised Fishing boats need to be fully equipped with basic sea going equipment such as GPS, Fish finder, VHF sets and life saving equipment. He has stated that most of them are fitted with communication sets VHF (upto 40 km range), but they are not fitted with Automatic Identification System (AIS), which will act as a http://www.judis.nic.in 34 useful tool to track them. According to the Deputy Inspector General, working as Chief Staff Officer (Operations), Headquarters at Chennai, it is pertinent to mention that non-mechanized or country crafts are not fitted with any of the communication/ navigational equipment. Further, the mechanised boats (country crafts) are not registered with Fisheries Department and neither the department has any data on these crafts.
(Distress Alert Transponders (DATS) (to be transmitted only in distress), developed by ISRO have been issued to fishermen at subsidized rates.
Indian Coast Guard has distributed 786 DATs to fishermen. Fitment of Automatic Identification System (AIS) onboard the IFBs will largely alleviate the cross border activity and will ensure positive tracking and accountability of Indian fishing boats.
40. Deputy Inspector General, working as Chief Staff Officer (Operations), Headquarters at Chennai, in his report, dated 09.10.2018, has further stated that Phase I of Coastal Radar System of the Coast Guard, the radar station (Kilakarai) has already been activated and is being monitored by Coast Guard Station at Tuticorin. These shore radar station and ships radar, can only detect the fishing boats, but cannot identify them. If only the fishing boats, are fitted with AIS transponders, the detection and identity of the fishing boats can be ascertained.
According to Coast Guard, present fitments of AIS transponder onboard http://www.judis.nic.in 35 fishing boats are not mandatory and hence none of the fishing boats are fitted with AIS transponder. In the developed countries, fitment of AIS or other suitable transponder onboard their fishing boats is a mandatory requirement.
41. According to the Deputy Inspector General, working as Chief Staff Officer (Operations), Headquarters at Chennai, to monitor through other passive electronic means, in Phase II construction of shore radar stations, Radar Station Olaikunda at Rameshwaram and Tondi are planned to be commissioned by end 2019/ early 2020 would largely augment, in existing Indian Coast Guard efforts to enhance electronic surveillance in the area. According to Coast Guard, fitment of AIS onboard Indian Fishing Boats is a Central/ State Government policy decision and involves financial implications and may be taken at appropriate competent level.
Fitment of VHF sets is mandatory as per state fisheries regulations for mechanized Indian Fishing Boats and most of them, are supplied by Tamil Nadu Government, under the fisheries policy of the State Government. He has further submitted that fitment of VHF sets onboard country crafts, is essentially recommended, and may be made compulsory for positive registration.
http://www.judis.nic.in 42. On the aspect of Indian Coast Guard deployment in area of 36 responsibility, and tracking of fishing boards within 40 Kms, Deputy Inspector General, working as Chief Staff Officer (Operations), Headquarters at Chennai, has categorically stated that if Indian fishing boats are fitted with AIS transponders, they can be tracked. Insofar as grey areas and probable solutions among other, Coast Guard has suggested as follows:
i) Fisheries is a basic profession in Palk Bay and happens to be the basic livelihood of local populace. There have been frequent efforts by the State and Central Government to consistently streamline the profession.
However, following gray areas are still impeding for making fisheries a regulated profession:
(a) Registration and accountability of Non mechanised fishing boats.
(b) 100 % Issue of Biometric Identity Cards to fishermen.
(c) Compulsory fitment of AIS transponders/ VHP sets onboard mechanized / non mechanized boats to establish evidence and use them for suitable control mechanism including Penal Provision.
(d) Amendment of TNMFRA for making fitment of VHF set and AIS transponder mandatory by TN Govt,
(e) Strict regulations for operating Country crafts/ Vallams.
(f) Strict implementation of laws and Penalty/ fines for http://www.judis.nic.in violating fishing regulations.37
(g) Exclusive monitoring of fishing boats through AIS transponder/vessel tracking system in the Palk Bay area by establishing a control centre at Rameshwaram by the Fisheries Department.
43. Based on the report filed by Indian Coast Guard, this Court on 09.10.2018, has passed the following order:
“On our request, Mr.G.K.Ramamurali, Scientist/Engineer (SD), working in ISRO, appeared and explained to us, as to how the installation of a transponder, in the boat would be beneficial to the fishermen, in receiving information, from the ground station, as to its position in sea. He further submitted that whatever information is passed on to the fishermen, by way of SMS, is registered and stored, in the ground station. He further submitted that the facility of Automatic Identification System which Deputy Inspector General, Chief Staff Officer (Operations), Coast Guard Region East, Chennai, has referred to in the report of the Coast Guard, is already available in transponder.
2. He further submitted that as on today, about 300 transponders have been installed in the boats and by the end of November 2018, 500 transponders would be installed. According to him, all the four manufacturers of transponders, registered with ISRO, are capable of manufacturing 1,600 transponders per month. Rate of http://www.judis.nic.in 38 transponder would be approximately Rs.40,000/- and depending upon the number of transponders required to be installed, there could be variance. He further submitted that the Director of Fisheries or any other competent authority can actually see from his computer the boats fitted with transponders.
3. Petitioner has sent a representation, dated 6/10/2018, to the Secretary, Ministry of Agriculture, Department of Animal Husbandry Dairying & Fisheries, Government of India, New Delhi, The Director, Indian Space Research Organisation, Bangalore, the Secretary to Government, Department of Animal Husbandry, Dairying & Fisheries, Chennai and the Director of Fisheries, Government of Tamil Nadu, Chennai, for installation of transponders in all the fishing vessels of Rameshwaram under subsidy scheme, which is voluntary.
4. We have also gone through the provisions of Tamil Nadu Fishing Regulation Act, 1983 and the Rules framed thereunder. Chapter II of the Act deals with Regulation, Restriction of Prohibition of Fishing in the specified area. Schedule to Section 5 (3) of the Act sets out the conditions subject to which a mechanised fishing vessel shall carry on the fishing operations beyond 3 nautical miles. In exercise of the powers conferred under Section 26 of the Tamil Nadu Marine Fishing Regulation Act, 1983 (Tamil Nadu Act 8 of 1983), Tamil Nadu Marine Fishing Regulation Rules, 1983, have been http://www.judis.nic.in framed. As per Rule 4-B (b) (vi), VHP Communication 39 equipment for two way communication shall be provided in every vessel that stays at sea for more than 48 hours and in every vessel that travels a distance more than 50 nautical miles from the site of the operation.
5. State of Tamil Nadu is directed to submit as to whether installation of transponder could be made, as one of the mandatory conditions for licence and to carry on fishing operation beyond three nautical miles.
6. Considering the tentative cost of the transponder, the perennial problem which the fishermen face all along, this Court is of the view that Government should come forward to provide financial assistance to the fishermen by extending subsidy to the maximum.
7. Mr.G.K.Rama Murali, Scientist/Engineer (SD), is requested to file an affidavit setting forth the functions of transponders, other safety and communication systems, from the ground stations, receipt thereof by the fishermen and such other details which he orally explained to us. Affidavit be filed by 12/10/2018.
8. Call on 12/10/2018.”
44. Based on the order of this Court dated 09.10.2018, the status report of the Department of Fisheries on the installation of transponders in fishing boats, dated 09.10.2018, is as follows:
Installation of Transponders in fishing boats http://www.judis.nic.in It is submitted that the transponder comprising an 40 antenna and a terminal are affixed to the boat and through an application installed in the mobile phone of the captain, the system can be operated. This will enable one-way communication through message format though two-way communication may also be enabled. As it is satellite enabled, communication will not be disconnected even if they are beyond 100 nautical miles where no other means of communication are available for the fishermen.
The location of boats can be monitored and specific information can be sent to the boats in a particular location. These transponders are very useful for the operators of the boats for the distress communication, sharing of location details, Potential Fishing Zone (PFZ) and weather warnings also can be reached to the fishermen who are out at sea even beyond 100 nautical miles where no other means of communication are available for the fishermen.
As per decision taken during meeting convened by Principal Secretary to Prime Minister, trials of the transponders developed by Indian Space Research Organization (ISRO) using the GSAT-6 under a scheme proposed by Ministry of Home Affairs, Government of India has been conducted in Tamil Nadu and Gujarat in collaboration with Indian Navy. The transponders fitted in the fishing boat are only for trial purpose for the study of usefulness of the transponders.
So far 4 proto type and 281 improved versions of http://www.judis.nic.in transponders have been installed in the mechanised fishing 41 boats of following districts in Tamil Nadu on trial basis.
S.No Name of the Proto type Improved version
District transponders transponders (in
(in nos) Nos.)
1) Chennai 0 74
2) Nagapattinam 0 70
3) Thoothukudi 0 67
4) Kanniyakumari 4 70
Grand Total 4 281
It is submitted that stake holder consultation meeting was convened by Indian Space Research Organization (ISRO) with representatives of fishermen association of various coastal districts on 25.09.2018 at Directorate of Fisheries.
Since the Transponders fitted in the mechanized fishing boats are still in trial stage, the efficacy of the Transponder will be observed and based on the effectiveness, the Transponders will be installed in all the mechanized fishing boats. Further it is submitted that for providing of transponders under the subsidy will be the policy matter of the Government.
Providing Communication equipments to deep sea fishing vessels:-
In order to provide effective communication systems to the fishermen of deep sea going for multiday fishing as part of safety measures, the Hon’ble Deputy Chief Minister of Tamil Nadu in the Budget Speech for the year 2018-19 made an announcement that “As a major step towards ensuring security of our fishermen sailing in deep sea in multiday fishing vessels, beyond 60 nautical miles, the Government http://www.judis.nic.in will provide High Frequency communication sets at 42 subsidized cost in phased manner”.
In continuation, the Hon’ble Minister for Revenue and Disaster Management has made an announcement on the floor of the Legislative Assembly on 27.06.2018 that the procurement of Communication equipment to communicate weather forecasts to the Multiday fishing vessels which are operating in deep sea and go for fishing as clusters under State Disaster Response Fund.
Consequent to the announcement, the Government vide G.O.(Ms) No.374, Revenue and Disaster Management (DM.II) Department, dated 28.09.2018 have given administrative and financial sanction for an amount of Rs.3,10,05,000- (Rupees three crore ten lakh and five thousand only) towards procurement and supply of Communication equipments (2 satellite phones, 3 NavIC and 2 Navtex instruments for each cluster) to 80 clusters of boats engaged in deep sea fishing and also to the agency involved in Disaster risk management and District Collectorates.
S.No Components No of No. of cluster No. of Approximate cost units per units cluster Unit Total cost cost (in lakh) (in lakh)
1) Satellite phone 2 80 160 1.05 168.00
2) NavIC Messaging 3 80 240 0.10 24.00 Receiver
3) NAVTEX 2 80 160 0.60 96.00 Under this scheme, a set of communication equipment http://www.judis.nic.in (2 satellite phones, 3 NavIC and 2 Navtex instruments for 43 each cluster) to 80 clusters of boats engaged in deep sea fishing in Tamil Nadu will be provided. Apart from this 21 satellite phones will be provided one each to be provided for Chief Secretary’s Control room, Additional Chief Secretary/Commissioner of Revenue Administration, Commissioner (DM), Director of Fisheries and 4 Harbour Management Committees of Kanniyakumari, Thoothukudi, Nagapattinam, Chennai as well as for the Tamil Nadu Disaster Risk Reduction Agency (TNDRRA) in 13 Coastal District Collectorates.
In accordance with the Government order, the Department of Fisheries has proposed to procure the communication equipments before the onset of North east monsoon, for supply to fishermen engaged in deep sea fishing and as well as for the use of Tamil Nadu Disaster Risk Reduction Agency (TNDRRA) in 13 Coastal District Collectorates and other official agencies involved in Disaster Management.
It is submitted that pertaining to NavIC messaging receiver, 12 units has been already installed in the mechanized fishing boats of Chennai base by M/s. Antrix Corporation Ltd, Bangalore an commercial wing of Indian Space Research Organization (ISRO), Government of India for pilot study purpose.
Accordingly, the Department of Fisheries has placed Letter of Indent for the purchase of 181 units of i-Sat phone with BSNL and 240 units (3 units per cluster of boats) of http://www.judis.nic.in NavIC messaging receiver through 44 M/s. Antrix Corporation Ltd, Bangalore to the fishing boats engaged in deep sea fishing in Tamil Nadu.
Further, a meeting of the technical committee comprising with the representatives of Indian coast Guard, Indian Navy, Mercantile Marine Department, Meteorological department and Director General of Lighthouses and Lightships was held on 11.10.2018 to finalize the standards and specifications of NAVTEX. Based on the specifications finalized during the technical committee meeting, action is being taken to float tenders for procurement of NAVTEX.
This will enable the fishermen and State Authorities to establish contact with the fishermen in the deep sea fishing boats who are fishing in the deep sea beyond 50 nm. Any information shared from the shore through the above equipments to the leader boats will be shared by the leader boats with all the group members through VHF and with other group leader boats through Satellite Phone instantly. On successful implementation of this Pilot scheme, the model may be considered for expansion.
It is submitted that the Government of Tamil Nadu accords utmost priority for the safety and wellbeing of the fishermen of Tamil Nadu. This Government unequivocally enunciate the commitment for an all inclusive growth of Fisheries sector in the State to provide our fishermen fraternity the safety, security, enhanced livelihood opportunities, social security and quality of life for fishermen by pioneering in implementing multi various http://www.judis.nic.in developmental and welfare schemes in fisheries and 45 aquaculture sector.
45. Mr.Rama Murali, Scientist/Engineer-SD, ISRO Headquarters, while explaining installation of transponders, proof of concept, project being implemented in Tamil Nadu, in his affidavit dated 24.10.2018, has stated thus, “2. I submit that, when the above case came up for hearing before this Hon’ble court on 09.10.2018, this Hon’ble Court directed me to file an affidavit before this Hon'ble Court on Fishing Boat Transponders, Proof of Concept, project being implemented in Tamil Nadu, where 500 number of sub-20m fishing boats will be fitted with the transponders, which facilitates two way communication with the monitoring points on the coast through a satellite link. The real time position of these fishing boats will be available at the monitoring points.
Fishing Boat Transponder in sub 20m boats:
Background and status update:
3. I submit that, as per the directives from the National Committee for Strengthening Maritime and Coastal Security (NCSMCS), ISRO has devised a technical system for monitoring the movement of sub 20m fishing boats in sea.
The solution consist of a transponder unit fitted in the boat, with GSAT-6 satellite spectrum, an earth station hub, network management severs and necessary software http://www.judis.nic.in elements. As per the directives of NCSMCS, ISRO is to 46 provide 500 transponders each to the Coastal States of Gujarat and Tamil Nadu. Subsequent to the completion of Proof of Concept (POC) implementation, ISRO would transfer the technology to the selected indigenous industry partners for production, sale and after sale support. The Nodal Agencies and the role and responsibilities between the concerned user agencies (Fisheries, Indian Navy, MHA, Coast Guard, etc.) need to be arrived at for the pan India roll out of the transponder terminals. Presently, POC implementation is being undertaken by re-appropriating one hub at ISRO (presently at Ahmadabad). However, in the long term, a dedicated earth station at IMAC and one-to-one redundant earth station with disaster recovery at ISRO, along with necessary data centre at both stations need to be planned.
4. I submit that, the transponders fitted on-board small vessels transmit positional information at regular intervals (presently fixed at 15 minutes). The detailed specifications and features are the annexure. The transmitted signals are picked by GSAT-6 and downloaded at ISRO’s Ahmadabad Earth Station (AES). The received positional information is processed and extracted through Network management Servers specifically developed by ISRO for the purpose. This information is then transferred to Indian Navy’s Information Management & Analysis Centre (IMAC), Gurgaon. The real time position of the boats is available for the Department of Fisheries /or other security http://www.judis.nic.in agencies / rescue operation centre. An application has been 47 developed for the fishermen for interfacing with the transponders through Bluetooth / Wifi. A separate application for boat owners also been developed to monitor their boats and interact with the concerned fishermen. SOS Messaging, International Maritime Boundary Line (IMBL) alerts, emergency warning also are possible with this solution. Weather, potential fishing zone (PFZ), cyclone warnings etc. can also be provided to the fishermen through this system.
5. I submit that, as on October 9, 2018, around 300 transponders have been fitted in the coasts of Tamil Nadu. The activity of installation of 500 transponders each in both the states is expected to be completed by November 30, 2018. The earth station augmentation activity is completed and the Delhi Earth Station is capable of handling upto 4 lakh boats. Four vendors have been identified by ISRO, and all the necessary technology know how towards implementation of the transponder terminals also have been provided. As on today, the production rate of transponders is tentatively 100 per week (all four vendors together), which can be scaled up depending on the requirement. First version of the application platforms have been released, user feedback has been taken and enhanced features are being included.”
46. Based on the affidavit filed, on 25.10.2018, this Court passed http://www.judis.nic.in the following order:
48“Affidavit of Mr.G.K.Rama Murali, Scientist/Engineer- SD, ISRO Headquarters, Antariksh Bhavan, New Bel Road, Bangalore - 560 231, dated 24.10.2018, is filed.
2. On 12.10.2018, we directed Mr.T.N.Rajagopalan, learned Government Pleader, to get instructions on the aspect of providing subsidy to fishermen.
3. Based on the e-mail instructions received from Dr.P.Paul Pandian, Fisheries Development Commissioner, Ministry of Agriculture & Farmers Welfare, Department of Animal Husbandry, Dairying & Fisheries, Krishi Bhawan, New Delhi - 110 001, Mr.G.Karthikeyan, learned Assistant Solicitor General of India, submitted that subsidy assistance is provided to the States, for the sub component of "Safety of Fishermen at Sea" under the Centrally Sponsored scheme of Blue Revolution of the DADF. According to him, Central Government provides subsidy, details of which are as under:
Funding pattern: As on today, for any proposal, the total admissible Government subsidy (Central + State) will be limited to 40% of the project cost for general category beneficiaries and 60% of the project cost for waker sections like Scheduled Caste, Scheduled Tribes, women and their cooperatives. Of the admissible subsidy the Central : State share shall be as follows:
(a) North East & Hilly : 90% Central share and States 10% State share
(b) Union Territories : 100% Central share http://www.judis.nic.in 49
(c) Other States : 60% Central Share and 40% State share
4. Mr.T.N.Rajagopalan, learned Government Pleader, submitted that subsidy is also provided by the State Government, in the matter of supply of, "Distress Alert Transmitters (DATs)", under the Centrally Sponsored Scheme on development of marine fishers, infrastructure and post harvest operations. According to him, Government of Tamil Nadu have also issued G.O (Ms) No.235 Animal Husbandry, Dairying and Fisheries (FS-3) Department, dated 23.12.2015, granting administrative/financial sanction, for supply of Distress Alert Transmitters (DATs) to 30,000 fishing crafts during 2015-2016.
5. Letters of the Under Secretary to Government of India, Ministry of Agriculture, Department of Animal Husbandry, Dairying & Fisheries, Krishi Bhavan, New Delhi, dated 29.07.2015 exchanged between the Animal Husbandry, Dairy Development & Fisheries Department, Government of Tamil Nadu and the Pay & Accounts Officer, Department of Animal Husbandry, Dairying and Fisheries, 16, Akbar Road Hutments, New Delhi - 110 011, are reproduced hereunder:
No.12014-1/2013-Fy (T-1) Government of India Ministry of Agriculture Department of Animal Husbandry, Dairying & Fisheries Krishi Bhavan, New Delhi http://www.judis.nic.in Dated the 29th July, 2015 50 To The Secretary Government of Tamil Nadu Animal Husbandry, Dairy Development & Fisheries Department Tamil Nadu Secretariat Chennai - 600 009.
Sub:- Proposal of Government of Tamil Nadu for supply of safety equipments under the component on Safety of fishermen at sea under the Central Sector Scheme on Development of Marine Fisheries, Infrastructure and Post Harvest Operations, which is implemented as Central Sector Scheme during the financial year 2015-16 - Administrative Approval of Government of India.
Sir,
I am directed to refer to your letters (i)
No.17185/FS3/2014-I dated 26th September, 2014, (ii) No.17185/FS3/2014-2 dated 23rd October, 2014, (iii) No.17185/FS3/2014-5, dated 9th January, 2015, (iv) No.17185/FS-3/2014-6 dated 12th March, 2015, (v) the Commissioner of Fisheries letter No.23322/J5/2010 dated 29th September, 2014 and to convey the approval of the Government of India to the proposal of Government of Tamil Nadu for procurement and supply of a total of 30,000 Distress Alert Transmitters (DATs) at a total central financial liability of Rs.3600.00 Lakh (Rupees thirty six crore only) to the fishermen/fishing vessels of the state under the component on Safety of fishermen at sea of the Centrally Sponsored Scheme on Development of Marine Fisheries, Infrastructure and Post Harvest Operations, which is http://www.judis.nic.in 51 implemented as Central Sector Scheme during the financial year 2015-16.
2. The Administrative approval for continuation of the CSS on Development of Marine Fisheries, Infrastructure and Post Harvest Operations as Central Sector Scheme during the financial year 2015-16 has been notified vide this Ministry's letter No.33015-3/2007-Fy(H) Vol.II dated 2nd July, 2015.
3. The approval is subject to the following terms and conditions:
(i) Under the CSS, the central assistance will be limited to 75% of unit cost of a DAT. The Department of Fisheries, Government of Tamil Nadu will ensure contribution of remaining 25% unit cost of the DAT.
(ii) The fishing vessels registered with the State Government under the Real Craft registration system are only eligible for central assistance under the CSS. The fishing vessel, which violate fishing ban and provisions of MFRA or any other regulations are not entitled for central subsidy under the scheme.
(iii) The implementing agency/Department will procure all the approved DATs by following necessary procurement formalities and set procedure in the State Government and supply the same to registered fishing vessels.
(iv) The scheme will be implemented through Tamil Nadu State Apex Fisheries Co-operative Federation Ltd.
http://www.judis.nic.in (TAFCOFED), as proposed by the State Department of 52 Fisheries.
(v) The State Government will furnish physical and financial progress reports to the Department of Animal Husbandry, Dairying and Fisheries, Ministry of Agriculture on a quarterly basis. The State Government will also submit utilization certificate as per the prescribed proforma soon after utilization of the Central funds.
(vi) The implementing agency/Department will maintain proper accounts of the expenditure incurred and submit the statement of expenditure to this Department as soon as possible after utilization of the funds.
(vii) The accounts regarding release of funds and their utilization shall be open to inspection by the sanctioning authority and audit, both by the Comptroller and Auditor General of India and Internal Audit of the Principal Accounts Office of this Ministry.
4. This issues with the concurrence of the Integrated Finance Division vide their Diary No.380/AS&FA/2015 dated 24th July, 2015.
Yours faithfully, (Yoginder Kumar) Under Secretary to the Government of India No.12014-1/2013-Fy (T-1) Government of India Ministry of Agriculture Department of Animal Husbandry, Dairying & Fisheries http://www.judis.nic.in Krishi Bhavan, New Delhi 53 Dated the 29th July, 2015 To The Pay & Accounts Officer, Department of Animal Husbandry, Dairying and Fisheries 16, Akbar Road Hutments, New Delhi - 110 011 Sub:- Release of funds to the Government of Tamil Nadu for implementation of the component on Safety of fishermen at sea under the Centrally Sponsored Scheme on Development of Marine Fisheries, Infrastructure & Post Harvest Operations, which is implemented as Central Sector Scheme during the year 2015-16.
Sir, I am directed to convey the sanction of the President for release of 1st installment of central grant-in-aid of Rs.2,00,00,000/- (Rupees two crore only) to the Government of Tamil Nadu for procurement and supply of Distress Alert Transmitters (DATs) to the fishermen/fishing vessels of the State under the component on Safety of fishermen at sea of the Centrally Sponsored Scheme on Development of Marine Fisheries, Infrastructure and Post Harvest Operations, which is implemented as Central Sector Scheme during the financial year 2015-16.
2. The administrative approval for continuation of the Centrally Sponsored Scheme on Development of Marine Fisheries, Infrastructure and Post Harvest Operations as Central Sector Scheme during 2015-16 has been notified vide this Ministry's letter No.33015-3/2007-Fy (H) Vol.II http://www.judis.nic.in 54 dated 2nd July, 2015.
3. The administrative approval of Government of India to the proposal of Government of Tamil Nadu for procurement and supply of 30,000 Distress Alert Transmitters (DATs) under the CSS has been notified vide this Ministry's order of even number dated 29th July, 2015.
4. The accounts regarding release of funds and their utilization shall be open to inspection by the sanctioning authority and audit, both by the Comptroller and Auditor General of India and internal Audit of the Principal Accounts Office of this Ministry.
5. The Central grant sanctioned above is debited to the Major Head - 3601, Grants-in-aid to State Governments (Major Head); 03-Grants for Central Plan Scheme (Sub- major Head); 632-Fisheries-Marine Fisheries (Minor Head); 04 Blue Revolution; 01-Development of Marine Fisheries, Infrastructure and Post Harvest Operations; 040131-Grants- in-aid-General in Demand No.3 of the Department of Animal Husbandry, Dairying & Fisheries during 2015-16 (Plan).
6. No utilization certificate is pending with the Government of Tamil Nadu under safety of fishermen at sea component of the scheme, as this is the first project sanction under this component.
7. This sanction has been noted at Serial No.8/Reg- I/CSS-Marine/Grants/2014/FY-2015-16 in the Register of grants as stipulate in GFR 212-4(b).
8. This issues with the concurrence of the Inegrated http://www.judis.nic.in Finance Division vide their Diary No.380/AS&FA/2015 dated 55 24th July, 2015.
Yours faithfully, (Yoginder Kumar) Under Secretary to the Government of India Copy to:-
1. The Secretary, Government of Tamil Nadu, Animal Husbandry, Dairy Development & Fisheries Department, Tamil Nadu Secretariat, Chennai - 600 009
2. The Secretary to the Government of Tamil Nadu, Finance Department, Chennai
3. The Secretary to the Government of Tamil Nadu, Planning Department, Chennai
4. The Commissioner of Fisheries, Department of Fisheries, Government of Tamil Nadu, Teynampet, Chennai-600006
5. The Managing Director, Tamil Nadu State Apex Fisheries Co-operative Federation Ltd., (TAFCOFEED), TNHB Building, 2nd Floor, Ashok Nagar, Chennai - 600 083
6. Pay and Accounts office (Sectt.), Department of Animal Husbandry, Dairying & Fisheries, 16-Akbar Road, Hutments, New Delhi
7. Accountant General, Tamil Nadu, Chennai
8. Fisheries Budget Section/AO (B&A)
9. Guard file
6. Mr.T.N.Rajagopalan, learned Government Pleader submitted that he would get suitable instructions, as to what extent Government of Tamil Nadu would grant subsidy. He is also directed to furnish the details of the fishing vessels/boats in all districts and in particular Nagapattinam, Ramanathapuram and Kanyakumari Districts.
http://www.judis.nic.in 7. Fishermen from the Regions of Nagapattinam, 56 Ramanathapuram, Rameswaram and Kanyakumari are stated to have been affected and therefore, we are of the view that transponders have to be installed, in a phased/periodical manner, in the above said areas, where approximately, 3000 boats are said to be in operation.
8. Considering the said number, and the tentative cost of Rs.40,000/- quoted earlier before us, ISRO, is directed to negotiate with the four manufacturers, on the cost of transponders to be fitted. There are about nearly 30,000 boats in the whole of the State and therefore, cost could be fixed depending upon the number.”
47. Based on the e-mail, dated 31.10.2018, addressed to Mr.G.Karthikeyan, learned Assistant Solicitor General, this Court on 02.11.2018, has passed the following order:
“Cost of production per transponder, on the basis of number of transponders, is furnished by Mr.G.K.Rama Murali, Scientist/Engineer-SD, ISRO Headquarters. E-mail dated 31.10.2018, addressed to Mr.G.Karthikeyan, learned Assistant Solicitor General, reads thus:
Sir, Based on the presently ongoing purchase order contract and initial discussions with the vendors, following are the estimation of prices for various numbers of transponder terminals.
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57
Number of Cost of production per
Transponders transponder (INR)
400 40,000/-
10,000 35,000/-
50,000 30,000/-
above 1 lakh 25,000/-
However, kindly note that these prices are the initial numbers based on the ongoing project and final prices need to be further negotiated with the vendors.
The prices quoted here are assuming that the mentioned number of transponders order is placed with only one vendor.
The installation costs are not included in the cost of production provided in the table.
This information is for your kind perusal. Reading of the above shows that the above tentative cost is based on the purchase order contract and initial discussions with the manufacturers.
2. In the event of Government of Tamil Nadu, rendering necessary financial assistance to the fishermen, and subsidy to be extended, we are of the view that Government of Tamil Nadu, to discuss with the manufacturers/vendors, on the cost of production per transponder (INR). Details of manufacturers/vendors of transponders, are as follows:
i) M/s.Anant Technology Ltd., Hyderabad
ii) M/s.Alpha Design, Bangalore http://www.judis.nic.in iii) M/s.Accord, Bangalore 58
iv) M/s.Sankhya Labs, Bangalore
3. Secretary to the Government, Department of Animal Husbandry, Dairying and Fisheries Department, Fort St. George, Chennai - 600 009, in consultation with Secretary to the Government, Finance Department, is directed to act accordingly. Government of Tamil Nadu, is directed to come out with a clear cut decision on the extent of subsidy."
48. Due to Administrative reasons, the case was posted before other Hon'ble Bench and the Court on 26.11.2018, passed the following order:
“Mr.G.Karthikeyan, learned Assistant Solicitor General inviting the attention of this Court to the order dated 02.11.2018 would submit that ISRO had developed tender for transponders and manufacturing license have been granted to M/s.Anant Technology Ltd., Hyderabad, M/s.Alpha Design, Bangalore, M/s.Accord, Bangalore, M/s.Sankhya Labs, Bangalore and if the said Government requires any assistance for procuring the said transponders, all necessary help will be done by the Central Government for their assistances.
2. Mr.E.Manoharan, learned Additional Government Pleader appearing on behalf of the Government of Tamil Nadu would submit that since it involves financial implications, consultation is being made with the concerned http://www.judis.nic.in 59 Departments and seeks time to file status report in that regard in compliance of the order dated 02.11.2018 and prays for some accommodation.
3. Call on 13.12.2018, finally, for submitting the report in terms of the earlier order dated 02.11.2018.”
49. When the matter came up for hearing on 02.01.2019, a Hon'ble Division Bench observed as follows:
The matter in issue pertains to the alleged difficulties faced by the fishermen eking out their livelihood by avocation of fishing in Palk Strait.
2. It is represented that advertently or inadvertently, the fishermen are crossing the International Boundary line and they are repeatedly caught by the Srilankan Military/Police and fishing vessels have been confiscated, so also the fishing nets and most of the times, they are returned with damaged condition and in order to resolve the problem, a decision has been taken to provide the fishermen with GPS devise / Satellite Telephone. It is also brought to the knowledge of this Court that if somebody uses the Satellite Telephone, there is complete encryption in place and calls cannot be traced at all and it may be used for illegal and unlawful purposes also.
3. Mr.E.Manoharan, learned Additional Government Pleader appearing for the State Government and Mr.G.Karthikeyan, learned Assistant Solicitor General http://www.judis.nic.in 60 representing the Union of India, pray for short accommodation to get necessary instructions and to file additional affidavits in that regard.”
50. Again, when the matter was listed before this Court on 11.02.2019, learned Additional Government Pleader for the State produced a letter written by the Department of Fisheries, to the Under Secretary (IOR), IOR Division, Ministry of External Affairs, New Delhi.
Letter reads thus:
DEPARTMENT OF FISHERIES From To Dr.G.S Sameeran, IAS., The Under Secretary (IOR) Director of Fisheries, IOR Division, Integrated Office Complex, Ministry of External Affairs, 571, Anna Salai, Nandanam, New Delhi.
Chennai - 600 035.
Rc. No. 3397 / J5 / 2018 Dated: 30.01.2019 Sir, Sub : Court Case W.P.No.14156 of 2017 before the Hon'ble Madras High Court - Details called for – Regarding.
Ref : 1. G.O.(Ms) No.374, Revenue and Disaster Management (DM.II) Department, dated 28.09.2018.
2. Proc.No. NC1(2)/3053/2018, dated 04.10.2018 of the Additional Chief Secretary / Commissioner of Revenue Administration, Chennai- 600 005.
3. This office Purchase order No. 3397/J5/2018 dated 29.10.2018 and 13.11.2018.
4. Lr. No. EBU/TN/Fisheries-ISAT Phone/2018-
http://www.judis.nic.in 19/29, dated 12.11.2018 of the Deputy General Manager 61 (EB), BSNL, Chennai.
5. Lr. No. EBU/TN/Fisheries-ISAT Phone/2018- 19/46, dated 26.12.2018 of the Deputy General Manager (EB), BSNL, Chennai.
6. E-mail received from the Under Secretary, IOR Division, Ministry of External Affairs, GOI, dated 18.01.2019.
7. This office letter No. 3397/J5/2018, dated 23.01.2019 addressed to the Dy.General Manager (EB), BSNL, Chennai.
8. Lr. No.EBU/TN/Fisheries- ISAT Phone/2018- 19/62, dated 30.01.2019 of the Deputy General Manager EB), BSNL, Tamil Nadu Circle, Chennai-6.
***** I invite your kind attention to the reference 6th cited. In response to the message cited in the reference 6th cited, I furnish the details as follows:
1. Whether there is any truth in the news article and if the Central Government is planning to provide Satellite Phones to the fishermen, the implication s of the same.
Reply :
The deep sea going fishermen who ventured into sea between 50 and 300 nautical miles cannot use the VHF sets. During the recent severe cyclonic storm “OCKHI” which hit the Kanniyakumari coast on 30.11.2017, which caused widespread damage and paralyzed the normal life especially in the coastal district of Kanniyakumari. The fishermen ventured into sea for multi day deep sea fishing, prior to the formation of OCKHI cyclone and they were unaware of the adverse weather conditions. It is reported that due to gusty winds and severe storm many fishing boats were http://www.judis.nic.in damaged in the mid sea and 177 Tamil Nadu fishermen went 62 missing and 27 fishermen died due to OCKHI cyclone.
The fishermen who ventured for deep sea fishing before the onset of the OCKHI Cyclone could not be contacted and warned to return to shore safely. This communication gap has resulted in loss of life of many fishermen, major injuries to those who had been rescued apart from damages and loss of fishing crafts and other fishing implements. In order to avoid this and to overcome such type of disaster in future, these deep sea fishing boats of Tamil Nadu has to be brought under seamless tracking devices and seamless communication networking system in order to enhance and ensure their own safety and security while venturing into the deep sea.
Hence it is felt inevitable to provide proper communication facilities and life savings equipment onboard the deep sea fishing boats in which the fishermen venture into deep sea for multiday fishing as part of Sea safety and Communication measure.
The Hon’ble Deputy Chief Minister of Tamil Nadu in the Budget Speech for the year 2018-19 made an announcement that “ As a major step towards ensuring security of our fishermen sailing in deep sea in multida y fish in g vessels, beyond 60 nautical miles, the Government w ill provide High Frequency communication sets at subsidized cost in phased manner”.
In accordance with the announcement made by the Hon’ble Deputy Chief Minister of Tamil Nadu in the Budget http://www.judis.nic.in Speech for the year 2018-19, and subsequent announcement 63 made by the Hon'ble Minister for Revenue and Disaster Management, Government vide G.O.Ms.No.374, Revenue and Disaster Management (DM.II) Dept dated:28.09,2018 has sanctioned a sum of Rs.3,10,05,000- (Rupees three crore ten lakh and five thousand only) from State Disaster Response Fund (SDRF) towards procurement and supply of communication equipments to 80 clusters of fishermen engaged in deep sea fishing. 80 clusters having 15 to 20 fishing boats in each cluster will be identified from coastal districts of Tamil Nadu to cover 1500 deep sea fishing boats. The following communication equipments will be provided to a cluster to establish connectivity from the shore with the boats in the deep sea.
1) Satellite phone - 2 units per group
2) NaVIC Messaging receiver - 3 units per gioup
3) NAVTEX - 2 units per group.
This will enable the fishermen and State Authorities to establish contact with the fishermen in the deep Sea fishing Boats who are fishing in the deep sea beyond 50 nm. Any information shared through the above equipment to the leader boats will be shared by the leader boats with all the group members through VHF. In accordance with the G.O ana' the Bharat Sanchar Nigam Ltd (BSNL) is the Government agency providing satellite phone service in India, purchase order for the supply of 181 ISAT Phone-2 including 21 satellite phones, one each to be provided for Chief Secretary’s Control room, Additional Chief Secretary/ http://www.judis.nic.in Commissioner of Revenue Administration, Commissioner 64 (DM), Director of Fisheries and 4 Harbour Management Committees of Kanniyakumari, Thoothukudi, Nagapattinam, Chennai as well as for the Tamil Nadu Disaster Risk Reduction Agency (TNDRRA) in 13 Coastal District Collectorates.
M/s. Bharat Sanchar Nigam Limited (BSNL) have supplied 181 units of ISAT Phone-2 to this department for the distribution to the fishermen beneficiaries of 80 clusters of boats and for the use of Chief Secretary’s Control room, Additional Chief Secretary/ Commissioner of Revenue Administration, Commissioner (DM), Director of Fisheries and 4 Harbour Management Committees of Kanniyakumari, Thoothukudi, Nagapattinam, Chennai as well as for the Tamil Nadu Disaster Risk Reduction Agency (TNDRRA) in 13 Coastal District Collectorates
2. Since, the conversation on Satellite phones could not be traced and if the fishermen are permitted to use the same, it may cost heavily on the safety and security of the Nation especially after the Mumbai attack. In this regard, how could the Government trace or monitor the conversations made through the satellite phones, which may affect the safety and security of the nation Reply:
The Deputy General Manager (EB), Office of the Chief General Manager, Tamil Nadu Telecom Circle, Chennai vide reference 8th cited has furnished the following (Copy enclosed).
http://www.judis.nic.in The Global Satellite Phone Service (GSPS) services 65 being provided by BSNL has its lawful interception and monitoring system for all the designated security agencies/ LEA, as per Standard Operating Procedure (SOP) issued by Department of Telecom (DOT), Government of India for providing lawful monitoring/ interception of communication. The Satellite Gateway situated at Ghaziabad for BSNL GSPS services is connected to mobile network Mobile Switching Centre (MSC) and Lawful Interception System (LIS) of BSNL Mobile network at Meerut. The conversation done by the ISAT Phones satellite communication within the Indian territory is fully traceable and monitored in a similar way as it is done for normal mobile phones. With GEO-Fencing implemented, the phones will not work outside Indian territory. All norms of Government of India/ Ministry of Home Affairs in this regard are complied and tested in presence of Law Enforcing Agencies (LEAs) before launch of this Satellite phone service by BSNL in May 2017.
Sd/- G.S.SAMEERAN DIRECTOR OF FISHERIES
51. Based on the above said letter, on 11.02.2019, this Court recorded as hereunder:
Taking note of the fact that Government of Tamilnadu have issued orders in G.O.(Ms.) No.380, Revenue [D.M.III(1)] Department dated 27.10.2015, sanctioning a http://www.judis.nic.in 66 sum of Rs.3,10,05,000/- from the State Disaster Response Fund (SDRF) to the Director of Fisheries i.e Rs.288 Lakhs for procurement and supply of Communication equipments (2 satellite phones, 3 NavIC and 2 Navtex instruments for each cluster) to 80 clusters of fishermen engaged in deep sea fishing and for the Tamil Nadu Disaster Risk Reduction Agency (TNDRRA) and Rs.22.05 Lakhs, towards procurement of additional 21 Satellite phones, one each for Chief Secretary's Control Room, Additional Chief Secretary / Commissioner of Revenue Administration, Commissioner (DM), Director of Fisheries and for Harbour Management Committees of Kaniyakumari, Thoothukdu, Nagapattinam, Chennai, as well as District Collectorate of Coastal districts (13) Nos. a Hon'ble Division Bench of this Court, seemed to have raised a doubt as to whether, if somebody uses a satellite phone, would there be complete encryption in place, whether all calls could be traced or not. A Hon'ble Division Bench has also raised a doubt as to whether such satellite phones may be used for illegal or unlawful purposes.
2. Responding to the above, Under Secretary (IOR) Ministry of External Affairs, New Delhi, has also raised doubts, vide e-mail dated 18.01.2019 to the State Government. Thereafter, the Department of Fisheries vide letter No.3397/J5/2018 dated 23.01.2019, has addressed a letter to the Deputy General Manager, BSNL, Chennai, seeking clarifications.
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3. Answering the doubts raised with reference to the 67 queries posed by this Court and also the issue raised by the Under Secretary (IOR) Ministry of External Affairs, New Delhi vide email dated 18.01.2019, Dy. General Manager (EB), BSNL, Tamilnadu Circle, Chennai has written a reply dated 30.01.2019 to Mr.Dr.D.S.Sameeran, IAS, Director of Fisheries, Integrated Office Complex, Nandanam, Chennai, which reads thus, "Sir, With reference to your letter cited above, reply for the queries / explanation raised by Hon'ble High Court, Madras is given below.
1. Whether there is any truth in the news article and if the Central Government is planning to provide Satellite phone to the fishermen. The implication of the same:
Reply: The Dept. of Fisheries of Tamilnadu State Government placed P.O. to BSNL T.N.Circle for supply of 181 nos. of SAT phones. Accordingly BSNL, T.N.Circle has supplies SAT phones to Dept. of Fisheries.
2. Since the conversation on satellite phones could not traced and if the fishermen are permitted to use the same, it may cost heavily on the safety and security of the nation especially after the Mumbai attack. In this regard, how could the Government trace or monitor the conversations made through the Satellite phones, which may affect the safety and security of the nation.
Reply: The GPS Services being provided by BSNL has its Lawful interception and Monitoring system for all the http://www.judis.nic.in designated security agencies / LEA, as per Standard 68 Operating Procedure (SOP), issued by DOT, Govt. of India for providing lawful monitoring / interception of communication.
The Satellite Gateway situated at Ghaziabad for BSNL GSPS Services is connected to mobile network MSC (Mobile Switching Centre) and Lawful Interception System (LIS) of BSNL Mobile network at Meerut. The conversation done by the ISAT Phones satellite communication within the Indian territory is fully traceable and monitored in a similar way as it is done for normal mobile phones. With GEO-Fencing implemented, the phones will not work outside Indian territory. All norms of Government of India / MHA in this regard are complied and tested in presence of Law Enforcing Agencies (LEAs) before launch of this Satellite phone service by BSNL in May 2017.
4. On 30.01.2019, Under Secretary (IOR) Ministry of External Affairs, New Delhi, has written to Mr.G.Karthikeyan, learned Assistant Solicitor General of India, Madras High Court, which reads thus.
N.I/i/441/3/2017 30 January 2019
Dear Sir,
Reference your e-mail message dated 18 January 2018 regarding inputs on aspects relating to providing of Satellite phones to Indian fishermen. The Department of Animal Husbandry, Dairying & Fisheries (DADF) is the nodal http://www.judis.nic.in department at the Ministry of Agriculture & Farmers 69 Welfare having mandated with all matter related to fishermen issues and therefore, this Ministry has sought inputs from DADF.
2. DADF has conveyed that the Integrated Development and Management of Fisheries being implemented by the Department provides financial assistance for supply of safety kits to the fishers / fishing vessels t ensure safety at sea. These safety kits include GPS communication equipment, echo-sounder, life jackets, life buoys, distress alert transmitter (DAT), life saving appliances, (VHF radio telephones), fish finder, back up battery, search and rescue beacon etc.
3. Based on the directives of National Committee for strengthening Maritime and Coastal Security (NCSMCS), the Ministry of Home Affairs (MHA) has undertaken a Proof of Concept (POC) pilot study to evaluate the transponders technology developed by the ISRO. In this regard, ISRO has informed that 1050 MSS based transponder terminals are being installed in sub 20 meter fishing vessels in Tamil Nadu, Gujarat (500 terminals each) and Puducherry (50 terminals). It may be added that the transponder are wireless satellite based communication devices considered for fitment onboard the fishing vessels by the MHA / ISRO Ahmedabad Earth Station (AES) hub (Capable of handing upto 4000 terminals) in supporting POC terminals. Subsequently, the operations will be migrated to the Delhi Earth Station (DES).
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4. DADF has conveyed that meetings were convened 70 by ISRO / MHA at Chennai and Porbandar to get the user feedbacks on the fitted terminals and to provide the live demonstration of the terminals and their features. Features of two-way messaging, emergency alerts, multilingual display, power saving mode etc., as per the user feedback have been incorporated. Android applications are being provided to the fishermen and boat owners, along with the terminals. Following is the present status of the POC implementation.
Locations No. of terminals Remarks
delivered
Tamil Nadu
Chennai 150 433 installed, 67 to be
installed
Kanyakumari 40
Colachel 25
Nagapattinam 70
Tuticorin 97
Cochin 10
Cuddalore 41
Puducherry UT
Karaikal 46 46 installed
Gujarat
Porbandar 286 340 installed, 160 terminals
to be installed
Okha 54
Total 819 installed in field 227 to be installed
Presently, 50 terminals are ready for installation. Keeping in view of availability of boats for installation and field conditions, the installation work is expected to be completed soon.
5. Minister of Home Affairs, has conveyed that they have no plans to provide satellite phones to fishermen. http://www.judis.nic.in 71
6. After the said reply from the General Manager, BSNL dated 30.01.2019, Director of Fisheries, Chennai along with his letter dated 30.01.2019, addressed to the the Under (IOR), Ministry of External Affairs, New Delhi, has enclosed a copy of the BSNL letter dated 30.01.2019, extracted supra.
7. From the above, it could be seen that there is no security threat in using satellite phones as the same would not work outside Indian territory. All norms of Government of India and Ministry of Home Affairs have been complied with. Satellite phone is tested in the presence of law enforcing agencies. Satellite phone is also fully traceable and manageable as a normal mobile phone.
8. Government of Tamilnadu have sanctioned a sum of Rs.3,10,05,000/- from the State Distress Response Fund to the Director of Fisheries for procurement of satellite phones and other equipments. In view of the specific reply of BSNL, supply of satellite phones and other equipments be continued, as per the decision of the State Government. Insofar as installation of transponders on boats, Director of Fisheries has submitted a note which is extracted. Note shall be part of record.
Based on the decision taken during the meeting convened by Principal Secretary to Prime Minister held on 05.05.2017, trials of the transponders developed by Indian Space Research Organization (ISRO) using the GSAT-6 under the scheme proposed by Ministry of Home Affairs, http://www.judis.nic.in Government of India were conducted in the fishing boats 72 operated in the State of Tamil Nadu and Gujarat in association with Indian Navy.
Further, as requested by GOI, a list of 550 fishing boats operating in Palk Bay areas and in addition list of 665 nos of fishing boats operated in West Coast was furnished to Government of India for undertaking the proposed pilot study with the fitment of small and low powered satellite based transponders compatible with GSAT-6.
Accordingly, in the 1st phase Proto model transponders fitted in the mechanised fishing boats of districts of Chennai and Kanniyakumari Districts by ISRO for conduct of pilot study.
In continuation, a stakeholder consultation was convened on 10.4.2018 and 25.09.2018 at Chennai by ISRO / DOS for demonstration of transponders developed by ISRO/DOS for fishing vessels less than 20m OAL and to evolve Standard Operating Procedures (SOP). The changes suggested by the stakeholders were incorporated and upgraded version of transponders was fitted in 507 mechanized fishing boats as detailed below:-
S.No. Name of the District Proto Model Upgraded version 1. Chennai -- 150 2. Cuddalore 42 3. Nagapattinam -- 122 4. Thoothukudi -- 97 5. Kanniyakumari 04 92 TOTAL: 04 503 http://www.judis.nic.in 73 The transponders fitted in the mechanized fishing boats are still in trial stage, the efficacy of the transponders are being monitored continuously by ISRO. Further, the development of transponder hardware and the required back end user utility software components are being developed and are in trial stage.
The fishermen have informed that the transponders connected with the battery drains out within 30 minutes after switching on. Further, they have informed tha the system not switching on due to interference between I-com and Transponders.
Hence, it is suggested to make a field study at Chennai Fishing Harbour to solve the issue of battery draining."
9. On an earlier occasion, when the matter came up for hearing, we directed the Government to ascertain as to whether the instrument viz., transponder, would fall within the equipments which could be obtained under the Central Government Package of Rs.2 Lakhs.
10. However, on this day, on instructions, Mr.E.Manoharan, learned Additional Government Pleader submitted that instrument - transponder will not come under the said package. Rough estimate of the transponder to be provided to the fishermen of Rameshwaram, Nagapattinam and Cuddalore District, would be around Rs.12 Crores, at the cost of Rs.40,000/- per unit.
11. Learned Additional Government Pleader http://www.judis.nic.in submitted that, to set right the technical problems, 74 meeting with ISRO is scheduled next week. He further submitted that the decision taken in the meeting would be communicated to this Court.
12. Considering the safety and security of the fishermen, who land up in problems day in and day out, it is the desire of the Court that Government of Tamilnadu, should extend the maximum subsidy to the Fishermen and that the same should be reported by 20.02.2019. Learned Additional Government Pleader to communicate the orders, immediately.”
52. On 14.02.2019, the Indian Space Research Organization (Headquarters), has issued following instructions, Government of India Indian Space Research Organization (Headquarters) No. February 14, 2019 Subject: Status of deployment of Fishing Boat Transponder Terminals As per the directive of National Committee for strengthening maritime and coastal security (NCSMCS), a Proof of Concept (POC) pilot implementation of 1050 MSS based transponder terminals are being installed in sub 20m fishing vessels registered in Tamil Nadu & Gujarat states (500 terminals each) and Puducherry U T (50 terminals).
http://www.judis.nic.in Ahmedabad Earth Station (AES) hub (Capable of 75 handling upto 4000 terminals) is supporting POC terminals. Subsequently, the operations will be migrated to the Delhi Earth Station (DES).
Meetings were convened at Chennai and Porbandar to get the user feedback on the fitted terminals and to provide the live demonstration of the terminals and their features. Features of two-way messaging, emergency alerts, multilingual display, power saving mode etc , as per the user feedback have been incorporated. Android applications are being provided to the fishermen and boat owners, along with the terminals.
Following is the present status of the POC implementation:
Locations No of terminals installed Remarks Tamil Nadu Chennai 150 Kanyakumari 96 Completed Nagapattinam 122 507 installed Thoothukudi 97 Cuddalore 42 Puducherry U T Completed 46 installed Karaikal 46 Gujarat 368 installed, 25 terminals being installed Porbandar 314 107 to be installed will be Okha 54 completed by March 15, 2019 Total 921 Keeping in view of availability of boats for installation and field conditions, the installation work is expected to be completed by March 15, 2019.
http://www.judis.nic.in A detailed field study was carried out to address and 76 analyze the issues reported by Dept, of Fisheries, Tamil Nadu about the battery draining within 30 minutes and the interference of transponders with the l-com terminals, and following are the conclusions:
i. MSS transponder power consumption is very minimal and the internal battery of MSS transponder itself is self-sufficient for communication upto 24 hrs, once fully charged.
ii. The battery drain within 30 minutes of MSS transponder operation was not observed as reported. However, the battery drain reported by fishermen may be due to continuous high power consumption of VHF units.
iii. There was no interference whatsoever was observed between I-com terminal and MSS transponder.
iv. All the tests were carried out at two boats, and the similar conclusions are arrived at.
It was unanimously agreed among Dept, of Fisheries, Boat Owners, Boat Association office bearers and all the participants that there is no issue of battery draining under 30 minutes or interference between l-com and MSS transponder terminals, as reported.”
53. Report on the Field Study carried out at Royapuram Fishing Harbour, Chennai, on 15.02.2019, on fishing boats, where transponders were installed, are extracted hereunder:
A detailed field study was carried out to address and http://www.judis.nic.in 77 analyse the issues reported by Dept of Fisheries and Indian Navy about the following observations:
1. Battery draining within 30 minutes
2. Interference o f transponders with Icom terminals
3. App installation related:
Reference: Communication from Director of Fisheries, Tamil Nadu wide letter No. Rc No 7308/J3/2016 dated 11 Feb 2019 List of Participants:
ISRO:
1. Shri. Chandra Prakash
2. Smt. Vibha Sourabh Jain
3. Shri. Rama Murali G K Dept of Fisheries:
1. Shri. G Velan, Asst Director of Fisheries, Marine, Chennai
2. Shri. Vel Murugan, Inspector of Fisheries
3. Shri. Anand Raj Selvam, Marine Foreman Boat Owners:
1. Shri. Jayavelu, (IND-TN-02-MM-2209)
2. Shri. Meenakshi Sundaram (IND-TN-02-MM-2038) Chennai Gilnet and Tuna Longliner Boat Owners Association Reps
a) Shri. Varadan, President:
b) Shri. Muthu Kumaran, Secretary http://www.judis.nic.in Vendor Reps from M/S Saankhya Labs :78
1. Shri. Vivek
2. Shri. Sunil
3. Shri. Srinidhi
4. Shri. Srikant
5. Shri. Alok Kumar Following are the activities carried out-
Discussions with boat owners, association reps, dept of fisheries officials were carried out to understand the nature of observations. It is seen that the boat battery supports VHF l-com units, all other boat resources and the MSS transponders. Measurements and demonstrations were carried out to address all the issues raised by the users.
Battery drains out within 30 minutes related:
i. MSS terminal operation was demonstrated with built in battery for the complete observation duration of 3-4 hrs. ii. Another MSS terminal already mounted on the boat, connected to external battery(boat battery) was operated and the current and power measurements were carried out in full functional mode.
iii. It was observed that in both the modes, the power consumption of the MSS transponder terminal is less than 3W (12V, 250mA) iv. The current and power measurements were carried out on the VHF unit connected to the same boat battery (with MSS transponder switched OFF) and it was observed and the^power consgmption of the VHF unit is ~ 100W (12V, http://www.judis.nic.in 8A) 79 Interference between i-com and transponder:
i. It was explained that the frequency of operation o f l- com unit is in VHF range where as MSS transponder operates in S-band and there is no transmission from MSS unit in VHF range.
ii. The i-com unit was operated with MSS transponder OFF and range was found to be 40 nM.
iii. The l-com unit was operated with MSS transponder ON and range was found to be same (40nM), without any communication quality degradation. App installation related:
i. App installed on android phone was demonstrated and a CD containing user manual & apps for all four variants of MSS transponder was provided to Dept of Fisheries for distributions Conclusions:
i. All the participants unanimously agreed that the MSS transponder power consumption is minimal. The built in battery of MSS transponder itself is self-sufficient for communication upto 24 hrs, once fully charged. ii. The battery drain within 30 minutes of MSS transponder operation was not observed as reported. However the battery drain reported by fishermen may be due to continuous high power consumption of VHF units. iii. There was no interference whatsoever was observed between l-com terminal and MSS transponder. iv. All the tests were carried out at two boats, and the http://www.judis.nic.in similar conclusions are arrived at.80
All the participants unanimously agreed that there is no battery drainage under 30 min issue or interference between l-com and MSS transponder terminals as reported. There is a need to create more awareness among user community of the MSS transponder systems operation and features.
Sd/- Sd/-
Shri Chandra Prakash, ISRO Shri.G.Velan, Dept of Fisheries
54. From the above, we could deduce that the only grievance expressed by the owners of the fishing boats, was drainage of battery, and nothing else. ISRO has not stated anything about the functioning of the transponders installed on the fishing boats. In the absence of any adverse opinion by an expert, ISRO, on the functioning of transponders in the fishing boats, this Court, which is not an expert, is bound to accept the majority opinion of all those present and expressed their views.
55. However, there is a need to create more awareness among the user community about the operation and maximal utilization of the features of the MSS transponder systems. A one-day awareness programmes/demonstrations of the MSS transponder terminals are being planned at various district fisheries across Tamil Nadu in March/April http://www.judis.nic.in 81 2019.
56. Based on the submissions of the State Government and Government of India, on the issue of subsidy, when the matter came up for hearing on 20.02.2019, this Court has passed the following order:
“ Pursuant to the last order of this Court dated 11.02.2019, Officials of ISRO have convened meetings to get the user feedback on the transponders and submitted a Report dated 14.02.2019.
2. Additional Director of Fisheries, Marine, Chennai, has filed a status report stating that fitment of transponders in a fishing boat, being a life line for safety at deep sea and real time monitoring device, proposal to implement the scheme, as a special scheme, with 75% subsidy assistance from Government of India as a special case, 15% subsidy from Government of Tamil Nadu and 10% from beneficiary contribution.
3. In this regard, Director of Fisheries, Chennai has addressed a letter in Rc.No.7308/J3/2016, dated 15.02.2019, to the Principal Secretary to the Government, Animal Husbandry, Dairying and Fisheries Department, Chennai - 9, setting out the details of the requirement to fit transponders and requested the State Government to address Government of India, which is as follows:
"1. The Government may kindly address the Government of India to issue necessary administrative sanction for implementing the scheme of fitment of http://www.judis.nic.in 82 Transponder Units with dedicated power source with 75% subsidy from GoI, 15% subsidy from GoTN and 10% beneficiary contribution at a total outlay of Rs.66,00,00,000/- for the fitment of Transponder units and accessories to 5500 fishing boats of Tamil Nadu over a period of 7 years.
2. The Government may kindly address the Government of India to issue necessary administrative sanction for implementing the scheme of fitment of Transponder Units with dedicated power source for 500 mechanised fishing boats during the year 2019-20, with 75% subsidy from GoI and to accord financial sanction of Rs.4,50,00,000/- (Rupees Four Crore and fifty lakh only).
3. On approval from Government of India, necessary orders for the implementation of the scheme may kindly be issued by Government of Tamil Nadu."
4. Government of Tamil Nadu is directed to address the Government of India within one week from today (20.02.2019), if not done earlier. Ministry of Animal Husbandry, Dairying and Fisheries, Government of India, is directed to respond within one week from the date of receipt of the proposals from Government of Tamil Nadu.”
57. When the matter came up on 27.02.2019, this Court has passed the following order:
“Though we directed Government of Tamil Nadu, to http://www.judis.nic.in 83 forward the proposals, regarding provision for subsidy to fishermen to Government of India, for response and early decision, it appears that the Fisheries Department has misconstrued our order, dated 20/2/2019 and stated to have been sent files to the Secretary of Finance Department. We make it clear that Government of Tamil Nadu is directed to address the Government of India. Ministry of Animal Husbandry, Dairying and Fisheries, Government of India, and the latter is directed to respond by 4/3/2019.
2. Mr.E.Manoharan, learned Additional Government Pleader is directed to communicate the orders of this Court to the Ministry of Animal Husbandry, Dairying and Fisheries, Government of India, to comply with the orders of this Court forthwith.”
58. On the said date, ie., on 04.03.2019, this Court has passed the following order:
“On the basis of a letter dated 27.02.2019 of the Principal Secretary to Government, Animal Husbandry, Dairying and Fisheries (FS-6) Department, Chennai, Mr.E.Manoharan, learned Additional Government Pleader, submitted that Joint Secretary (Fisheries), Government of India, Department of Animal Husbandry, Dairying and Fisheries, New Delhi, has been addressed, to accord administrative sanction for the scheme of fitment of Transponder Units with dedicated power source with 75% subsidy from Government of India. For brevity, letter dated http://www.judis.nic.in 84 27.02.2019, is extracted hereunder:-
"Animal Husbandry, Dairying & Fisheries (FS-6) Department, Secretariat, Chennai 600 009.
Letter No.3106/FS-6/2019. dated: 27.2.2019 From Dr. K. Gopal, I.A.S., Principal Secretary to Government.
To The Joint Secretary (Fisheries), Government of India, Department of Animal Husbandry, Dairying & Fisheries, New Delhi.
Sir, Sub: Marine Fisheries - Fitment of Transponders in the mechanised fishing boats of Tamil Nadu by providing subsidy assistance from the sub component of "Safety of Fishermen at Sea' under the Centrally Sponsored Scheme of Blue Revolution - Proposal submitted - Regarding.
Ref: From the Director of Fisheries, Letter Rc.No.7308/J3/2016, dated 15.2.2019 and 21.2.2019.
-------
I am to state that according to a decision taken during the meeting convened by Joint Secretary (Boarder Management-I) Ministry of Home Affairs, Government of India on 25.5.2017, trials of transponders developed by Indian Space Research Organization using GSAT-6 were http://www.judis.nic.in conducted in fishing boats operated in States of Tamil Nadu 85 and Gujarat in association with Indian Navy. Hence, it has been proposed to implement scheme of fitment of Transponder Units in fishing boats by providing subsidy assistance from sub-component of "Safety of Fishermen at Sea under centrally sponsored Scheme of Blue Revolution.
2. The transponders are very useful for deep sea fishing boats towards distress communication, potential fishing zones, weather warnings, sharing of location details etc. In the first phase, proto model / up graded version of transponders were fitted in the 507 Mechnized fishing boats of Chennai and Kanniyakumari District by Indian Space Research Organization to conduct pilot study.
3) Out of 600 units of transponder required, around 500 units have already been installed, the remaining 5500 units are proposed to be installed in fishing boats of Tamil Nadu in phased manner as detailed below:-
Year No. of Units
1st year 500 units
2nd year 500 units
3rd year 1000 units
4 th year 1000 units
5th year 1000 units
6th year 1000 units
7th year 500 units
4) The costs of one unit of Transponders, accessories and subsidy pattern are as under:
ONE UNIT OF TRANSPONDERS, ACCESSORIES http://www.judis.nic.in 86
i) Unit cost of a Rs.50,000/-
transponder including dedicated power supply
ii) Contingency for other Rs.10,000/-
accessories including
software (approx.)
iii) Total cost for Rs.60,000/-
installation of
transponder unit in one
boat(approx.)
SUBSIDY PATTERN:
i) Unit cost of Rs.60,000/-
Transponders and
accessories
ii) Government of India Rs.45,000/-
Subsidy (75% of the unit
cost)
iii) Government of Tamil Rs.9,000/-
Nadu Subsidy (15% of
the unit cost)
iv) Beneficiary Rs.6,000/-
contribution (10% of
the unit cost)
5) The financial commitment of Governments for distribution of 5500 Nos. of Transponder units and accessories are as follows:-
SI Description GoI share GoTN
share
1. Unit cost of Rs.45,000/- Rs.9,000/-
Transponde @ 75% of (@ 15% of
rs unit and unit cost) unit cost)
accessories
2. Total share Rs.24,75,00, Rs.4,95,00,
for 5500 000/- 000/-
units
(Rs.60,000
x 5500 =
Rs.33,00,00
http://www.judis.nic.in ,000)
87
The total requirement of funds for distribution of 5500 units of Transponder and accessories to be sanctioned by Government of India is Rs.24,75,00,000/- (Rupees Twenty Four Crore and seventy five lakh only) and by Government of Tamil Nadu is Rs.4,95,00,000/- (Rupees Four crore and ninety five lakh only) over a period of 7 years.
6) It is imperative to state here that the Hon'ble High Court of Madras in its judgement order dated 20.02.2019 in W.P. No.14156 of 2017 has directed the Government of Tamil Nadu to address Government of India within one week from 20.02.2019, if not done earlier and that Ministry of Animal Husbandry, Dairying and Fisheries, Government of India, is directed to respond within one week from the date of receipt of the proposals from Government of Tamil Nadu. The Hon'ble High court of Madras posted the case on 27.02.2019.
7) I am, therefore, to request you to move the Government of India and accord approval on the following towards fitment of Transponder Units in mechanized fishing boats by providing subsidy assistance from sub-component of "Safety of Fishermen at Sea" under Centrally Sponsored Scheme of Blue Revolution :-
i) To accord administrative sanction for the scheme of fitment of Transponder Units with dedicated power source with 75% subsidy from Government of India, 15% subsidy from Government of Tamil Nadu and 10% beneficiary contribution at a total outlay of Rs.33,00,00,000/- for the http://www.judis.nic.in fitment of Transponder units and accessories to 5500 fishing 88 boats of Tamil Nadu over a period of 7 years.
ii) To accord administrative sanction for scheme of fitment of Transponder Units with dedicated power source for 500 mechanised fishing boats during the year 2019-2020 with 75% subsidy from Government of India and also to accord financial sanction of Rs.2,25,00,000/- (Rupees Two crore twenty five lakh only)during the year 2019-2020.
8) An early order is solicited in this regard.
Yours faithfully, (A.K. Zakira Bibi) Under Secretary to Government, for Principal Secretary to Government."
2. Transponders have to be provided immediately and it cannot be stretched for a period of 7 years.
ISRO/Manufacturers can always be requested to provide more number of transponders depending upon their capacity.
3. In such circumstances, Government of Tamil Nadu, is directed to provide transponders in the fishing boats of Tamil Nadu, not in a phased manner, stretching for 7 years, but depending upon the number of Transponder Units manufactured and duly tested by ISRO.
4. Government of Tamil Nadu, is directed to address the Department of Animal Husbandry, Dairying and Fisheries, Government of India, New Delhi, with a copy marked to ISRO and Manufacturer of Transponders. http://www.judis.nic.in
5. Post on 11.03.2019. ” 89
59. When the matter came up for hearing on 11.03.2019, this Court passed the following orders, Pursuant to our order dated 04.03.2019, Principal Secretary to Government, Animal Husbandry, Dairying and Fisheries Department, Secretariat, Chennai-600 009 has written a letter No.3106/FS-6/2019-3, dated 08.03.2019 to the Joint Secretary, Government of India, Department of Fisheries, New Delhi-110001, which reads as follows:
Animal Husbandry, Dairying and Fisheries Department, Secretariat,Chennai-600009.
Letter No.3106/FS-6/2019-3, dated 08.03.2019 From Dr.K.Gopal, I.A.S Principal Secretary to Government.
To The Joint Secretary, Government of India Department of Fisheries, New Delhi-110001(w.e) Sir, Sub: Marine Fisheries - fitment of Transponders in the mechanised fishing boats of Tamil Nadu by providing subsidy assistance from the sub component of safety of Fishermen at Sea under the Centrally sponsored scheme of Blue Revolution - Proposal submitted - Regarding http://www.judis.nic.in Ref: 1. Orders of the Hon’ble High Court of Madras 90 in W.P.No.14156 of 2017, dated 20.02.2019.
2. From the Director of Fisheries, Letter Rc.No.7308/J3/2016, dated 21.2.2019.
3. Government of Tamil Nadu, Letter No.3106/Fs6/2019, AHD&F Department, dated 27.02.2019 addressed to the Joint Secretary (Fs), Government of India, Department of Animal Husbandry, Dairying & Fisheries, New Delhi.
4. Orders of the Hon’bie High Court of Madras in W.P.No.14156 of 2017 dated 04.03.2019.
5. From the Director of Fisheries, Letter Rc.No.7308/J3/2016, dated .03.2019.
In continuation of the Government letter third cited, I am directed to state that the W.P.No.14156 of 2017 came up for hearing on 4.3.2019 and on perusal of the proposal of Government of Tamil Nadu submitted to the Government of India in the reference third cited, the Hon’ble High Court has directed as follows:-
"Transponders have to be provided immediately and it cannot be stretched for a period of 7 years. Indian Space Research Organisation / Manufacturers can always be requested to provide more number of transponders depending upon their capacity.
In such circumstances. Government of Tamil Nadu, is directed to provide transponders in the fishing boats of Tamil Nadu, not in a phased manner, stretching for 7 years, but depending upon the number of Transponder Units manufactured and duly tested by ISRO.
Government of Tamil Nadu, is directed to address the http://www.judis.nic.in Department of Animal Husbandry, Dairying and Fisheries, 91 Government of India, New Delhi with a copy marked to ISRO and Manufacturer of Transponders".
The case is posted for hearing on 11.03.2019.” In this connection, I wish to state that subsidy assistance is available under the sub component of "Safety of Fishermen at Sea under the Centrally Sponsored Scheme of Blue Revolution: Integrated Development and Management of Fisheries, the unit cost of Rs.2.00 lakh for safety kit shall be approved and the safety kit shall consist of GPS, Communication equipments, Echo Sounder, Life buoys, Life Jackets, Distress Alert Transmitters, Lifesaving appliances, Very High Frequency Radio Telephone depending upon the size of the fishing vessel. The Hon’ble Court has observed that the process of installing transponders, which has the capacity to aid in the protection of fisherman, among the other things, ought not to be delayed or prolonged by seeking to implement the same over a period of 7 years. The Hon'bie Court has observed that, the same ought to be done expeditiously.
2. The fitment of transponders in a fishing boat, being a life line for safety at deep sea and real time monitoring device, I request you to reconsider the proposal of this Government sent in the reference third cited and arrange to move the Government of India to accord approval for implementing the scheme of fitment of Transponder Units with dedicated power source as a special scheme with 75% subsidy from Government of India, 15% http://www.judis.nic.in subsidy .from Government of Tamil Nadu and 10% 92 beneficiary contribution at a-total outlay of Rs.33,00,00,000/- (Rupees Thirty three crore only) for the fitment of Transponder units and accessories to 5500 fishing boats of Tamil Nadu expeditiously as per the orders of Hon’ble High Court of Madras dated 04.03.2019. Further I request you to expedite the release of funds and Indian Space Research Organisation may be requested to speed up the production of transponders so that the process can be completed immediately.
3. An early approval is solicited in this regard.
Yours faithfully, Sd/-
for Principal Secretary to Government.
Mr.E.Manoharan, learned Additional Government Pleader submitted that the order dated 04.03.2019 of this Court, has been sent to the first respondent. Learned counsel for the Union of India submitted that the subsidy sought for has to be paid by the 1st respondent Central government and concurrence of the Finance department of the Government is required. First respondent has sought time till 19.03.2019 for appropriate action by the first respondent and Finance department.”
60. Proceedings, dated 18.03.2019, of the Department of Fisheries, Ministry of Agriculture and Farmers Welfare, Government of http://www.judis.nic.in 93 India, New Delhi, addressed to the Principal Secretary, Government of Tamil Nadu, Animal Husbandary, Dairying and Fisheries Department, Secretariat, Chennai 600 009, is extracted hereunder:
No.30035-2/2019-Fy(H) Government of India Ministry of Agriculture and Farmers Welfare Department of Fisheries Krishi Bhawan. New Delhi Dated the 18th March, 2019 To The Principal Secretary Government of Tamil Nadu Animal Husbandry, Dairying and Fisheries Department Secretariat Chennai- 600 009 (Tele-fax No: 044-25672937) Sub: Marine Fisheries - Fitment of Transponders in the mechanised fishing boats of Tamil Nadu by providing subsidy assistance from the sub-component of “Safety of Fishermen at Sea” under the CSS on Blue Revolution:
integrated Development and Management of Fisheries.
Sir, I am directed to refer to your letter No. 3106/FS- 6/2019 dated 27th February, 2019 on the above subject and to inform that the proposal of Government of Tamil Nadu for fitment of Transponders in the mechanised fishing boats by providing subsidy assistance from the sub- http://www.judis.nic.in component of "Safety of Fishermen at Sea" under the 94 Centrally Sponsored Scheme(CSS) on Blue Revolution: Integrated Development and Management of Fisheries has been examined in this Department. It has been observed that the Government of Tamil Nadu has sought 75% central assistance under the sub-component of “Safety of Fishermen at Sea” of the CSS for fitment of a total 5500 Nos Transponders in the mechanised fishing boats at a total cost of Rs 33 crore.
2. In this regard, it is informed that the above said sub-component of the CSS on “Safety of Fishermen at Sea” provides financial assistance to the State Governments for supply safety kit consisting of GPS, communication equipment, echo-sounder, lifejackets, lifebuoys. Distress Alert Transmitter(DAT). life-saving appliances (VHF radiotelephones), fish finder, backup battery, search & rescue beacon etc. It is further informed that subsidy sharing patterns for beneficiary oriented components of the inland and marine fisheries under the CSS have been notified vide order dated 1st January, 2018 and relevant portion of the notified pattern is reproduced below:
(i) For any proposal, the subsidy will be limited to 40% of the project cost for General Category beneficiaries and 60% of the project cost for SC/ST beneficiaries.
(ii) Of the admissible subsidy at (i) above, the Central :
State Share will be as follows:
(a) NE and Hilly States : 90% Central share
http://www.judis.nic.in and 10% State share
95
(b) Union Territories : 100% Central share
(c) Other States : 60% Central share
and 40% State share
3. The above said proposal of' Government of Tamil Nadu under sub-component of the CSS on '‘Safety of Fishermen at Sea”is also silent on the approval of State Level Monitoring and Approval Committee(SLMC) and recommendation of the NFDB, as has been done by the State Government in other proposals under the CSS.
4. It may be worthwhile to mention that Indian Space Research Organization (ISRO) has taken up a pilot project of Proof of Concept (POC) trial covering 1050 transponder terminals which are installed in fishing vessels of less than 20 meter overall length that are registered in Tamil Nadu & Gujarat Stales (500 terminals each) and Puducherry UT (50 terminals). The Ministry of Home Affairs, Department of Border Management is administering the POC trail. In the 10th meeting of the Steering Committee held on 20th February, 2019 under the chairmanship of Special Secretary (Boarder Management), Ministry of Home Affairs, the representative of ISRO informed that all transponders in Tamil Nadu have been installed, 46 transponders have been installed in Puducherry and 107 transponders are yet to be installed in Gujarat. ISRO informed that the POC trials will be completed by 15th March. 2019. The representative ISRO further informed http://www.judis.nic.in 96 that ISRO would be conducting training workshop at Chennai on various issues raised by the fishermen regarding functioning of the transponders. The report of completion of POC trial, finalised unit cost of Transponders, and decision of the Government to rollout the project on fitment of Transponders developed by the ISRO in fishing vessels of less than 20 m in length is yet to received in this Department. Moreover, the proposal of Government of Tamil Nadu is also silent on the outcome of PoC trail and efficacy of the proposed Transponders.
5. Under the circumstances stated above, this Department is not in a Position to consider the proposal of Government of Tamil Nadu for fitment of a total 5500 Nos Transponders in the mechanised fishing boats at a total cost of Rs. 33 crore with central share of Rs 24.75 crore in its present form.
Yours faithfully, sd/-
(Shankar L) Joint Commissioner (Fisheries)
61. In Proceedings No.27035-19/2015-Fy (IV), Vol,II, Government of India, Ministry of Agriculture and Farmers Welfare, Department of Animal Husbandry, Dairying and Fisheries, have framed polices, named as 'Blue Revolution". Setting out the Vision, Mission, Objectives, Strategy -
Central Sector Assistance Schemes, Central Financial Assistance, http://www.judis.nic.in Implementing Agencies etc., Admissibility of Central Financial Assistance, 97 policy has been evolved by the Ministry of Agriculture and Farmers Welfare, Department of Animal Husbandry, Dairying and Fisheries, and they are dealt with Clause 13 of Blue Revolution. Scheme, contemplates the mode of financial releases, monitoring and evaluation etc.
62. Keeping in mind, what the Central Government have stated that there are proposals, under the Centrally Sponsored Scheme, and what the State Government ought to have proposed, though the Blue Revolution Scheme deals with different components, as stated supra, we are concerned only with, "Motorization of Traditional Craft", Safety of Fishermen at Sea, Assistance to Traditional/Artisanal fishermen for (a) procurement of FRP boats upto 10m OAL, as a replacement for traditional/wooden boats including nets (b) procurement of insulated fish and ice holding boxes, rebate on High Speed Diesel (HSD) for fishers, etc, will be provided by the Ministry of Agriculture and Farmers Welfare, Department of Animal Husbandry, Dairying and Fisheries, and in particular, establishment and operation of Fishing Monitoring System (VSM).
63. In the foregoing orders, we have dealt with the safety of fishermen at Sea, providing safety kits which shall consist of GPS, http://www.judis.nic.in 98 communication equipments, echo sounder, Distress Alert Transmitters, under the Blue Revolution of DADF etc., and sharing of the unit cost between Union of India and States. But the Central Government have categorically stated that safety kit estimation of Rs.2 lakhs per kit, would not include transponders.
64. Blue Revolution Scheme, framed by the Ministry of Agriculture and Farmers Welfare Department of Animal Husbandry, Dairying and Fisheries, Government of India deals with Establishment and Operation of Vessel Monitoring System (VMS), Actual Cost, Financial Assistance, etc. For brevity, we deem it fit to extract, paragraph No.1.5 of the Appendix-I to the scheme, [Development of Maritime Fisheries, Infrastructure and post Harvest operations] Sl.No Component Unit Cost Central Terms and financial Conditions assistance
(i) (ii) (iii) (iv) (v) 1.5 Establishment & Actual 100% cost (i) FSI/DADF is nodal operation of Cost of project agency to Vessel Monitoring implement implement the System (VMS) ed by project.
DADF.
(ii) Maintenance
and operational
costs of the Hub-
station, antenna
and all other
http://www.judis.nic.in equipment
99
Sl.No Component Unit Cost Central Terms and
financial Conditions
assistance
developed/installed
at Porbandar.
(iii) Monitoring and
tracking of fishing
vessels using space
technology and IT
tools.
(iv) Activities
relating to
dissemination of
information on (a)
whether forecast &
forewarning and (b)
Potential Fishing
Zone (PFZ) to
marine fishers etc.
(v) The activities
mentioned in (ii)
and (iii) above shall
be taken up in
coordination
(wherever required)
with the concerned
Central
Ministries/Departme
nts/Institutions such
as MHA, M/o Earth
Sciences, M/o
Defence, ISRO,
INCOIS, NIC, FSI,
CIFNET and other
Central Govt.
Institutes.
(vi) Convergence of
schemes of these
Ministries/Departme
http://www.judis.nic.in
100
Sl.No Component Unit Cost Central Terms and
financial Conditions
assistance
nts/Institutes
(wherever feasible)
shall also be
considered.
(vii) Development
of necessary
software,
procurement and
installation of
suitable
communication
devices/transponde
rs and essential
equipment etc.,
onboard the fishing
vessels in a phased
manner.
65. Perusal of the scheme and Appendix-I, in particular, makes it clear that, Ministry of Agriculture and Farmers Welfare Department of Animal Husbandry, Dairying and Fisheries, Government of India, is committed to financially assist the fishermen, through the establishment and operation of Vessel Monitoring System (VMS).
66. Let us consider, what the Principal Secretary to Animal Husbandry, Dairying, and Fisheries Department, Government of Tamil Nadu, in his letter, dated 28.03.2019, addressed to the Chief Executive http://www.judis.nic.in 101 Officer, National Fisheries Department, Government of Telengana, Hyderabad, has stated as follows:
Animal Husbandry, Dairying & Fisheries (FS-6) Department, Secretariat, Chennai 600 009.
Letter No.3106/FS6/2019-5, dated : 28.03.2019 From Dr.K.Gopal, I.A.S., Principal Secretary to Government.
To The Chief Executive Officer, National Fisheries Development Board, Fish Building, Pillar No.235, PVNR expressway, Hyderabad, Telangana - 500 052 (w.e) Sir, Sub: Marine Fisheries - Fitment of Transponders in the mechanised fishing boats of Tamil Nadu by providing subsidy assistance from the sub component of "Safety of Fishermen at Sea" under the Centrally Sponsored Scheme of Blue Revolution - Proposal submitted - Approval requested.
Ref: 1. Order of the Hon'ble High Court of Madras in W.P.No.14156 of 2017, dated 20.02.2019.
2. From the Director of Fisheries, Letter Rc.No.7308/03/2016, dated 21.02.2019.
3. Government letter No.3106/Fs6/2019, AHD&F Dept., dated 27.02.2019 and 08.03.2019.
4. Orders of the Hon'ble High Court of Madras in W.P.No.14156 of 2017 dated 04.03.2019.
5. From the Director of Fisheries, letter Rc.No.7308/J3/2016, dated 07.03.2019.
6. From the Joint Secretary (Fisheries) Government of India, Ministry of Agriculture and Farmers Welfare Department of Fisheries, Letter No.30035-2/2019-
http://www.judis.nic.in Fy(H), dated 18.03.2019.
1027. From the Director of Fisheries Letter No.7308/J3/2016, dated 27.03.2019.
-----
I invite your kind attention to the captioned subject and to state that pursuant to a W.P.No.14156 of 2017 filed before the Hon'ble High Court of Madras, and subsequent directions of the Court dated 20.02.2019 and 04.03.2019, a proposal has been sent to the Government of India, Ministry of Agriculture, Department of Fisheries, vide reference 3rd cited to accord both administrative approval and financial sanction for fitment of 5,500 units of transponders with dedicated power source with 70% subsidy from Government of India, 15% subsidy from Government of Tamil Nadu and 10% beneficiary contribution at a cost of Rs.33 crore and to release their share of Rs.24.75 crore to this Government expeditiously so as to provide transponders in the fishing boats of Tamil Nadu, depending upon the number of Transponder Units manufactured and duly tested by ISRO.
2. In the reference 6th cited, the Department of Fisheries, Ministry of Agriculture and Farmers Welfare, Government of India has informed that the subsidy sharing pattern for beneficiary oriented components of the inland and marine fisheries under Centrally Sponsored Scheme have been as per the existing order i.e. for any proposal, the subsidy will be limited to 40% of the project cost for General Category beneficiaries and 60% of the project cost for SC/ST beneficiaries and that the proposal is silent about the approval of State Level Monitoring and Approval Committee (SLMC) and recommendation of the National Fisheries development Board (NFDB), and on the outcome of proof of concept trial and efficacy of the proposed transponders.
3. In this connection, I wish to state that the fitment of http://www.judis.nic.in 103 transponders in the fishing boats is being considered to avoid the possibilities of fishing dispute between India and Sri Lanka. 507 transponders have been installed in the fishing boats of Tamil Nadu at free of cost on trial basis. The tentative cost of the unit being Rs.60,000/- this instrument in its present form may not be found useful by the fishermen and hence there could be possibility of reluctance to install it in their boat spending higher contribution i.e., Rs.36,000/-. Hence, the fishermen shall be provided with higher percentage of subsidy as an incentive for the fitment of transponders. The Department of Animal Husbandry, Dairying and Fisheries, Ministry of Agriculture and Farmers Welfare, Government of India in Letter No.27035-19/2015-Fy(IV) Vol.II, issued Guidelines for the implementation of Schemes under Blue Revolution : Integrated Development and Management of Fisheries. Under Sl.No.1.5 of the heading Development of Marine Fisheries, Infrastructure and Post-Harvest Operations, it has been mentioned that the Establishment and Operation of Vessel Monitoring System (VMS) will be implemented with 100% cost of project implemented by Department of Animal Husbandry, Dairying and Fisheries (DADF) with the following term and conditions:
(i) FSI/DADF is nodal agency to implement the project.
(ii) Maintenance and operational costs of the Hub-station, antenna and all other equipment developed / installed at Porpandar.
(iii) Monitoring and tracking of fishing vessels using space technology and IT tools.
(iv) Activities relating to dissemination of information on
(a) weather forecast & forewarning and (b) Potential Fishing Zone http://www.judis.nic.in (PFZ) to marine fishers etc. 104
(v) The activities mentioned in (ii) and (iii) above shall be taken up in coordination (whether required) with the concerned Central Ministries / Departments / Institutes such as MHA, M/o Earth Sciences, M/o Defence, ISRO, INCOIS, NIC, FSI, CIFNET and other Central Government Institutions.
(vi) Convergence of schemes of these Ministries/Departments/ Institutes (whether feasible) shall also be considered.
(vii) Development of necessary software, procurement and installation of suitable communication devices/transponders and essential equipment etc., on board the fishing vessels in a phased manner.
4) The present proposal for Vessel Tracking Device viz., "Transponders" developed by ISRO under the instructions of Ministry of Home Affairs comes under the above condition Nos.
(iii), (iv), (v) & (vii). Hence this proposal has been placed before the State Level Monitoring and Approval Committee constituted for evaluating and recommending the project proposals under Centrally Sponsored Schemes on Blue Revolution for the State of Tamil Nadu and as a special case the proposal for the fitment of transponder in 5500 mechanised fishing boats with 100% Government of India subsidy on 75% subsidy from Government of India, 15% subsidy from Government of Tamil Nadu and 10% met from beneficiary contribution has been recommended by the State Level Monitoring and Approval Committee as detailed below:-
OPTION - I http://www.judis.nic.in 105 Sl.No. Item No. of Unit Total Central State Beneficiary units cost Amount Share Share Share (Nos) 1. Fitment of 5500 0.60 3300.00 3300.00 0 0 Transponders in the fishing boats of Tamil Nadu (with 100% subsidy) 2. Administrative Cost -- -- 99.00 99.00 0 0 (3% of the total proposal cost) 3399.00 3399.00 0 0 OPTION - II Sl.No. Item No. of Unit Total Central State Beneficiary units cost Amount Share Share Share (Nos)
1. Fitment of 5500 0.60 3300.00 2475.00 495.00 330.00 Transponders in the fishing boats of Tamil Nadu (with 75% subsidy from Government of India 15 % from Government of Tamil Nadu and 10% from beneficiary)
2. Administrative Cost -- -- 99.00 99.00 -- --
(3% of the total
proposal cost)
3399.00 2574.00 495.00 330.00
5) The recommendations of the State Level Monitoring and Approval Committee and the report on the field study carried out by ISRO at Royapuram Fishing Harbour, Chennai on 15.02.2019 on transponders installed the fishing boats are enclosed herewith.
6) I therefore request you to recommend the proposal approval by State Level Monitoring and Approval Committee, Government of Tamil Nadu, to the Central approval and Monitoring Committee for approval and financial sanction at the earliest.
http://www.judis.nic.in 106 Yours faithfully, for Principal Secretary to Government.
67. Government of India, have also made it clear that 100% cost of project, would be implemented by the Department of Animal Husbandry, Dairying and Fisheries. It includes (i) FSI/DADF as the nodal agency to implement the project; (ii) Maintenance and operational costs of the Hub-station, antenna and all other equipment developed/installed at Porbandar and (iii) Monitoring and tracking of fishing vessels using space technology and IT tools.
68. The petitioner has made averments in support of the prayer sought. Union of India, represented by the Secretary to the Government of India, External Affairs, New Delhi, has filed a detailed counter affidavit, opposing the maintainability of the writ petition, details of the treaties between the Governments and also explained the steps taken by the Government of India. Government of Tamil Nadu have filed a status report, dated 16.08.2018.
69. With reference to the prayer sought for, we have extracted what the contesting parties have stated. Taking note of the decisions of the Hon'ble Apex Court, Writ Court is empowered to take suo-motu writ http://www.judis.nic.in 107 petitions on the consideration of credible and acceptable evidence on record and going through the entire material on record, we are of the view that “safety and security of Indian Fishermen” is real public interest involved in this writ petition.
70. In the foregoing paragraphs, we have extracted the version of Coast Guard, ISRO, Ministry of Agriculture and Farmers Welfare Department of Animal Husbandry, Dairying and Fisheries, Government of India and Government of Tamil Nadu, that installation of suitable communication devices/transponders and other essential equipment etc., would be in the safety and security of fishermen.
71. Arrests, death, capturing of Indian Fishing Boats, damage caused are mainly due to transgressing International Maritime Border Line. Treaties have been entered into between India and Srilanka.
Fishermen claim traditional rights of fishing in Gulf of Mannar and Palk Strait. Whereas, treaties earmark a boundary line. Indian fishermen are stated to have engaged in bottom trawling in the abovesaid areas, which is prohibited by Srilankan Government. Claiming traditional rights in Katcha Theevu is one of the issues. The long standing problem of Indian Fishermen crossing the International Maritime Border Line is the main http://www.judis.nic.in 108 cause, which remains to be solved.
72. Reading of the counter affidavit makes it clear that to locate the movements of fishermen, and to prevent cross bordering, Government of Tamil Nadu have communicated to the Central Government, a list of 1215 boats be fitted with transponders. Towers were decided to be erected with World Bank assistance. On the aspect, as to violation of crossing the permissible limits and establishment of towers, Government of India, in their status report, dated 17.09.2018, have stated thus, "3. Deputy Secretary (Sri Lanka), Ministry of External Affairs, New Delhi, has further submitted that, (2) with the assistance of World Bank, construction of towers, is also under progress. Out of 7 new towers, 2 towers have been completed and the remaining 5 towers are in progress. Construction of remaining towers, is expected to be completed in September' 2018 and would be operationalised. Handsets of different specification have been delivered to the Department of Fisheries, to be fitted in boats."
73. It is the duty of the State to make available a safe environment, safety and security to the Indian Fishermen, in exercise of their rights, under Article 19(1) of the Constitution of India. 'Public safety' ordinarily http://www.judis.nic.in 109 means security of the public or their freedom from danger. Right to life, under Article 21 of the Constitution of India, is a right to live with dignity and safety. Governments are duty bound to ensure meaningful fulfillment of rights. Rise in arrest, deaths, have certainly impinged upon right to life, inbuilt in Article 21 of the Constitution of India. On the facts and circumstances of the case, the main contributing factor is cross bordering (IMBL), by fishermen.
74. During the course of hearing of this writ petition, we have heard the Coast Guard and ISRO, who have candidly submitted, as to how, installation of transponders and other safety equipments would enable Coast Guard to track the Indian Fishing Boats, warn them, if they attempt to cross the IMBL and thus, their security and safety could be protected.
75. While negotiation between the countries, with the participation of fishermen, may arrive at a solution, technological solution, on the aspect of cross bordering, tracking the Indian Fishermen, who cross the IMBL, warning them, if they cross, danger involved have been explained and extracted supra. Though awareness is created, still some may ignore the warning. From the version of Coast Guard and ISRO, by installation of transponders and other safety equipments on the Indian http://www.judis.nic.in 110 Fishing Boats, fishermen could be prevented from crossing the border.
76. On the facts of the case, we are not delving into the rights of the fishermen to fish in Palk Strait and Gulf of Mannar, as the matter is pending in the Hon'ble Supreme Court. Indian Fishermen need a permanent and long lasting solution. It is evident from the version of Coast Guard and ISRO, that there is a technological solution to the problem faced by the Government and Indian Fishermen. If fishing boats are provided with transponders and other safety equipments, they can constantly tracked and monitored by Government of India and by the Department of Fisheries and that would give the fishermen security and safety.
77. If a fisherman goes beyond the boundary (IMBL), takes an adventurous trip, despite warning, he takes the risk. But within the territory, fishermen have a legitimate expectation that their fishing rights under Article 19(1)(g) are protected by providing safety and security.
According to Indian Fishermen, right to life, which includes liberty and safety, have not been provided by the Governments. Threat perception in the trouble waters, arrests, deaths, have been taken note of by the Government of India. Implementation of Blue Revolution Scheme, would http://www.judis.nic.in 111 certainly be a preventive remedial measure, in the matter of providing security and safety to Indian Fishermen. From the statements of the Coast Guard, ISRO, we are of the view that installation of transponders and other safety equipments onboard fishing boats, would certainly minimise cross bordering. Fundamental rights exercised by Indian Fishermen, under Article 19(1)(g) of the Constitution of India, are subject to the Constitutional limitations. However, the duty of the Governments to provide safety and security to the Indian Fishermen, in and around the sensitive areas, cannot be ignored.
78. Reading of the Blue Revolution Scheme, in entirety, reflects that it is a public safety scheme. Right to life and personal liberty are guaranteed under Article 21 of the Constitution. Exercise of fundamental rights by Indian Fishermen, cannot as a matter of right be claimed and asserted, when a lis is pending in the Hon'ble Supreme Court, but on the facts and circumstances of this case, Court has to consider, as to whether, there is any inaction on the part of the Governments to provide safety and security to the Indian Fishermen. Setting up of towers for monitoring of the fishing boats, has been taken up by the Government, for the safety and security of fishermen. Installation of transponders and other safety equipments, has been taken up by the Governments and http://www.judis.nic.in 112 therefore, it cannot be said that the Governments have wholly failed to discharge their duties.
79. From the narration of facts and orders issued, and taking note of the Blue Revolution Scheme, we are of the view that the Central Government have made it clear, installation of transponders and safety equipments onboard fishing boards, is a safety measure, and from the various steps taken by the Governments, we cannot hold that there is a failure on the part of the Governments, in providing safety and security to the Indian Fishermen. But having regard to the ground realities and on facts, the need is time bound implementation.
80. Purpose and benefits of installation of transponders and other safety equipments onboard fishing boats, would ensure not only safety and security of the fishermen, but also transparency. It would certainly bring in orderliness and prevent cross bordering, subject the erring fishermen to risk on their own. Installation of transponders and safety equipments would minimize the threat, perception, likelihood of arrest, with the border.
81. Mr.E.Manoharan, learned Additional Government Pleader submitted that the Principal Secretary to the Government, Animal http://www.judis.nic.in 113 Husbandry, Dairying & Fisheries Department in his letter dated 28.03.2019, addressed to the CEO, National Fisheries Development Board, Fish Building, Telengana has recommended the proposal as approved by the State Level Monitoring and Approval committee, Government of Tamil Nadu, to the Central approval and Monitoring Committee for approval and financial sanction, at the earliest.
82. At the risk of repetition, we reiterate that Coast Guard, Government of India, in their counter affidavit have made it clear that providing transponder and communication equipments, are necessary to track boats and from the station, Coast Guard can track the boats through satellite communication and it would be advisable to have two way communications, as well.
83. So far, installation of nearly 503 transponders have been done.
Test reports do not indicate serious technical defects. Even minor technical defects, are stated to have been rectified and there is no complaint either from the fishermen or Government. ISRO has no objection or any serious complaint, on the functioning of transponders already installed. That being the fact position and in the light of the Government policy for monitoring and tracking of fishing vessels, using http://www.judis.nic.in 114 space technology and IT tools, it is necessary, to procure and install the communication devices/transponders and essential equipments etc., onboard the fishing vessels in a phased manner. In the light of the decision taken by the Ministry of Agriculture and Farmers Welfare, Department of Animal Husbandry, Dairying and Fisheries, it is the bounden duty of Government of India, to provide financial assistance for installation of transponders other safety equipments, as per serial No. 1.5 of Annexure 1 of Blue Revolution scheme, indisputedly to be implemented by the Department of Animal Husbandry, Dairying and Fisheries, Government of India and thus 503 transponders have already been installed. Decision taken by the Department of Animal Husbandry, Dairying and Fisheries, Ministry of Agriculture and Farmers' Welfare, Government of India, New Delhi, should be implemented by the said department, in letter and spirit.
84. Though, petitioner has sought for a direction to Union of India, represented by the Secretary, Ministry of External Affairs, Government of India, New Delhi, the 1st respondent herein, to refer the matter to the human right violations allegedly committed by the Sri Lankan Navy with impunity for the past 34 years against the fisherman of India to the International Court of Justice for taking action against the Sri Lankan http://www.judis.nic.in 115 Navy for violation of the 1974 Agreement entered between India and Sri Lanka, allegedly exceeding the territorial waters of India and got by Sri Lanka, going through the materials, and affidavits filed by Coast Guard, ISRO, Government of Tamil, we have already held that the real public interest in this writ petition, is security and safety of fishermen, which is also felt by the State Government and Government of India and in order to effectively implement the orders of this court, after putting on notice to the learned Assistant Solicitor General, Government of India, we deem it fit to implead Secretary to Government, Ministry of Agriculture and Farmers' Welfare, Government of India, New Delhi, as the third respondent, in this writ petition. Registry is directed to carry out the necessary amendment, in this writ petition, wherever required.
85. Out of 5500 transponders, required to be installed on recommendation of the State Government, 503 transponders, have already been installed.
86. As per the Blue Revolution Scheme, cost of installation of 5500 transponders, has to be borne by the department of Agriculture and Farmers' Welfare, Government of India, only. Even the Blue Revolution Scheme makes it clear that installation of suitable communication http://www.judis.nic.in 116 devices/transponders and essential equipment, would be done in a phased manner and 100% cost of project, would be borne by the Department of Animal Husbandry, Dairying and Fisheries, Government of India.
87. We therefore, direct the Secretary to the Government, Ministry of Agriculture and Farmers' Welfare, Government of India, New Delhi, to accord financial sanction and disbursement of funds for the development of the necessary software, procurement and installation of transponders and essential equipment on the remaining fishing vessels, numbering as 4997, within two months, from the date of receipt of a copy of this order.
88. On receipt of financial sanction and disbursement, ISRO, shall accordingly inform the manufacturers, place orders for manufacturing the remaining transponders within one month, thereafter.
89. Manufacturers though not parties before this Court, they may be instructed by ISRO and Government of India, to supply the required number of transponders, at the earliest possible and install the same, so that, safety and security of fishermen are ensured and fishing vessels are monitored. Union of India to have a check on the Indian fishermen not to http://www.judis.nic.in 117 cross the International Maritime Border line of the country and also help those fishermen captured by the Sri Lankan Navy.
90. Secretary to the Government, Department of Animal Husbandry, Dairying and Fisheries Department, Chennai, the 2nd respondent herein, shall send a proposal enumerating numbers for vessels required to be installed in various districts. Government of Tamil Nadu, is also directed to render necessary assistance in all forms to the Ministry of Agriculture and Farmers' Welfare, Government of India, New Delhi, the impleaded respondent, to accord financial sanction and disbursement, as ordered by this Court.
91. Accordingly, writ petition is disposed of. No Costs.
Post on 02.07.2019, for reporting compliance.
[S.M.K., J.] [S.P., J.] 22.04.2019 Index: Yes Internet: Yes kpr To
1. The Secretary http://www.judis.nic.in Union of India, 118 Ministry of External Affairs Government of India, New Delhi-110 001 http://www.judis.nic.in