Laws Relating to Fisheries and Environmental Angle

Environmental Law

Submitted by
Rahul Choudhary
SM0118043
3rd year (6th Semester)

FACULTY IN-CHARGE –

Dr. Chiradeep Basak

National Law University and Judicial Academy, Guwahati, Assam

23rd MAY, 2021

Contents
Introduction...............................................................................................................3

1.1 AIM AND OBJECTIVES OF WORK.........................................................5

1.2 RESEARCH QUESTIONS...........................................................................5

1.3 SCOPE AND LIMITATIONS OF WORK...................................................5

1.4 RESEARCH METHODOLOGY..................................................................6

1.5 REVIEW OF LITERATURE........................................................................6

Environmental Concerns...........................................................................................7

Laws protecting fisheries in India.............................................................................9

The Maritime Zones of India (Regulation of fishing by foreign vessels) Rules,

1982......................................................................................................................10

Marine Fisheries Regulation and Management (MFRM) Bill 2019....................12

Environmental Laws granting protection................................................................13

The Environment Protection Act, 1986................................................................13

The Water (Prevention and Control of Pollution) Act, 1974...............................14

National Environment Policy 2006......................................................................14

Important Case Laws...............................................................................................16

Conclusion...............................................................................................................19

Bibliography............................................................................................................22

 Articles..............................................................................................................22
 Introduction

Fishing in India is an Age-old tradition. Histories suggest that there have been fishing
communities with their own rules and regulation. Their own chieftains and other political
structure. The Mahabharata also has a reference to fisheries as the Queen was born to that clan
and had placed a peculiar request before the then king that only their sons would inherit the
throne.

India has been blessed with a vast marine coastline and thereby it is obvious that it should foray
into one of the largest fishing nations in the world. Currently, India is the 3 rd largest producer of
the fish in the world. The total production according to the Government to 50 million tons
annually. Asia combined produces 90 percent of the world fisheries with China itself garnering
close to 70 percent of them. Fisheries today has been India’s largest agricultural export
contributing to 6 to 8 % of the total export. The fisheries and aquaculture production contribute
around 1% to India’s GDP and over 5% to the agricultural GDP. The Blue Revolution is part of
the Government's efforts to promote fishing as an allied activity for farmers in order to double
their incomes. It refers to an explosive growth in the aquaculture industry. As part of its efforts to
raise seafood output and exports and promote sustainable aquaculture, the Government has
constituted an independent Ministry for Fisheries.1

 In the budget 2019-20, the government allocated an estimated 3,737 crore rupees for the newly
carved out Ministry of Fisheries, Animal Husbandry and Dairying. The focus of the Blue
Revolution 2.0 is on development and management of fisheries. This covers inland fisheries,
aquaculture, marine fisheries including deep sea fishing, mariculture and all activities undertaken
by the National Fisheries Development Board. The National Fisheries Development Board
(NFDB) was established in 2006 as an autonomous organization under the administrative control
of the Department of Fisheries, Ministry of Agriculture and Farmers Welfare, to enhance fish
production and productivity in the country and to coordinate fishery development in an
integrated and holistic manner.    

1
UN Environment, UNEP: https://www.unenvironment.org/
Fisheries and aquaculture are an important source of food production, nutritional security,
employment, and income in India. The fisheries sector is a direct source of livelihoods for more
than 20 million fishers and fish farmers; contributes INR 1.75 lakh crore annually to the gross
value added to India’s economy.
The project will trace the regulation of this agricultural pursuit in various states and identify the
harm to the environment caused by this economic pursuit. The Project will also seek to identify
the legal protection granted and the reforms needed in these areas to alleviate the strain caused
by these activities on the marine ecosystem. The project will study the laws and damage on the
two verticals with respect to in land riverine ecosystem and fishing in the seas.

It has been viewed that often laws only form the skeleton in the environmental pursuit and it has
been a field where judges have played a more defining role to identify the challenges therefore
the article will also focus on the extent Judicial decisions rendered. The project then will suggest
some consolidated changes required in the system as well as the existing laws to make the whole
exercise beneficial for all the stakeholders involved.
1.1 AIM AND OBJECTIVES OF WORK

 The project seeks to study the environmental damage caused to the marine eco system.
 The project seeks to study the laws related to fisheries in the country.
 The project seeks to study the judicial approach by the courts to study the implementation
of the laws in place.
 The project also traces the lacunas present within each act to effectively portray the
reality.

1.2 RESEARCH QUESTIONS

The following Research Questions can be formulated which this paper shall seek to answer –

1. What is the damage being caused to fisheries?

2. What are laws related to fisheries in India?

3. What is the effectivity of the laws in place and their present lacunas?

4. What is the judicial approach to the damage being caused in the environment?

1.3 SCOPE AND LIMITATIONS OF WORK

The scope of this work is relatively wide as the research work is a study on the overall damages
being caused by activities related to fisheries and the laws that are dealing with them. The project
traces a down trodden path of exploring judicial susceptibility of these damages being caused.
Each act has been huge but has been effectively summarized.

The Limitation of the work, however, remains that the purview of this project could become too
extensive. Thus, a pin-point look is essential for a better understanding of the specified concept.
1.4 RESEARCH METHODOLOGY

The researcher has employed the Doctrinal Method of Explanatory Research Design for the in-
depth study of Nuclear Power and Climate Resilience.
Explanatory Research Design: This method has been employed in order to understand, analyze
and comprehensively explain the nature and concept of the topic at hand.
For the collection of information for this research work, secondary sources of data such as books,
articles and pre-set norms and case laws have been referred.

1.5 REVIEW OF LITERATURE

1. Pandya, Foram & Bharad, Bhavesh. (2019). A Study on Legal Aspects of Marine
Environmental Protection in India.
The article was a complete study in the environmental and legal aspect of the protection of
marine life in India. The article extensively dealt with the scope of legal protection granted to the
fisheries and the changes needed in the existing stricture. It also was a great help in discerning
the stance of the courts of Law and was detrimental in completion of this project.

2. Rohan Gujral, Indian Fisheries a Historical Alternative,Ccsindia.org. 2021.

The article focuses on the existing riddles in the environment protection legislation and their
historical evolution and extensively lays down on the future of these legislation. Though the
extent of this research was pretty huge the relevant parts have been used to trace the legislations
and their significance coupled with their criticisms and its non-compatibility with the problems
in this generation.
 Environmental Concerns

Ecological and environmental parameters play a primary role in the formation of fish biomass.
Periodic changes in such natural phenomena as ocean currents, water temperature and oxygen
layers affect the ecological and environmental balance. But when humans intervene with super-
efficient technology, the push the aquatic population beyond its sustainable limits. In addition,
marine ecological pollution, caused by direct or indirect dumping of excessive sewage, industrial
effluents and toxic materials into the rivers and coastal sea, also deleteriously affects aquatic
resources. With the development of science and technology, the influences of the last two
parameters have grown the world over, particularly in Third World countries, which lack
effective controls. Environmental degradation poses a host of problems, both short and long term
and of local or general interest. Traditional artisanal fisher people in the southwest coastal
province of Kerala, India, have been fighting a relentless battle for more than a decade against
mechanized fishing vessels such as trawlers and purse seiners. The fisherfolk's livelihood is
being directly threatened by these rival and powerful fishing methods. Only in the last few years
have fisherfolk begun to articulate the problem of ecological damage caused by inshore
mechanized fishing: overfishing and destruction of fish breeding locations on the sea bed,
leading to severe depletion of marine stocks.

The problem of marine pollution is steadily growing; all wastes that cannot be stored on land or
transformed into gas eventually find their way to the sea. Domestic sewage, industrial wastes,
pesticides from agricultural fields drained by canals and rivers, radioactive wastes and oily
substances from submarines and oil tankers are the chief pollutants of the sea. Sewage reduces
the oxygen content of the water. Similarly, "most of the industrial effluents, especially those
from chemical industrial, react with these elements in sea-water and produce new compounds
and new environmental conditions".

The coastal ecosystems are highly vulnerable to anthropogenic impacts, natural disasters and
invasive species. They include bays, estuaries, mangroves, salt marshes and wetlands. These are
biodiversity-rich areas and have distinct landforms like beaches, cliffs and coral reefs. Many fish,
turtles and birds’ nest in coastal areas because of the large amount of food and protection from
the dangers of the deep ocean. Here, the organisms get sunlight and a sustained supply of
nutrients very easily. The Andaman and Nicobar Islands in the Indian Ocean is one such
biodiversity hotspot. Tourism is not a ‘smoke-free industry’. Rather, it’s a very carbon-intensive
one. Tourism contributes about 8% of the global greenhouse gas emissions (GHGs). Each year, a
huge number of tourists visit the coastlines around the world, where they leave an adverse impact
on marine ecosystems. Tourists increase pollution, wastes, plastic pollution, leading to the
destruction of habitats and fragile ecosystems.
 Laws protecting fisheries in India

Indian Fisheries Act – 1897

A milestone in the history of Indian fisheries is the enactment of the Indian Fisheries Act of
1897. The Act delegated to the erstwhile Provinces (States) the responsibility of development
and conservation of fisheries in the inland and the territorial waters of the respective States. It
also empowers the States to formulate their own rules and regulations for the protection and
safeguard of their fisheries. Further, the Act provided adoption of conservation measures to
prevent the destruction of resources. As a consequence, the development, management and
conservation of fish and fisheries became a State subject. The last 106 years have witnessed a sea
of change in fisheries research, education, extension and development, and there is an imperative
need for promulgating a new Fisheries Act.
This Act is very brief and its current usefulness very limited. Although it is to be read as
supplemental to other fisheries laws in force, its substance is directed at prohibiting destruction
of fish by use of explosives and poisons in inland waters and on coasts and allowing State
governments to make rules for the protection of fish. There is a basic provision governing
arrests. Additionally, the Fisheries Act defines “water” to include the sea within a distance of one
marine league of the seacoast (i.e., 3 nautical miles), where such measures may be taken. There
is no legislation implementing India’s responsibilities for its nationals – including vessels and
persons - as required under the 1982 Convention and the UN Fish Stocks Agreement. These
obligations also appear in soft law such as the 1995 FAO Code of Conduct for Responsible
Fisheries and the 2001 FAO IPOA-IUU.2
The Act lists the powers of search and seizure by authorized officers, but only in the context of
boarding vessels. There is no authority to conduct searches of fish that may have been landed, for
example, or are being transported after landing. It is an offence to obstruct an authorized officer,

2
Ecoursesonline.iasri.res.in. 2021. Fisheries Administration and Legislation (2+0): 6.4. National Environment
Policy 2006.
but the duties of persons towards authorized officers – e.g. to allow and assist the officer to carry
out his/her duties and to comply with directions - are not detailed.
The Act’s main provisions deal with the grant of licenses, prohibition of Indian citizens using
foreign vessels, procedures for granting of permits or licenses, and the responsibility of permit
holder for compliance. It requires unlicensed foreign vessels to stow their fishing gear when
entering any maritime zone, and allows scientific research. Other provisions relate to powers of
search and seizure, offences and penalties and miscellaneous items such as presumptions, and
place of trial. The Act relies on rules to elaborate many of the requirements, such as the manner
of stowing gear and terms and conditions for scientific research. The alternative would be to
allow scope for setting requirements in writing, or by a simpler mechanism than adoption of
rules in certain cases where the authority would not be abused.

The Maritime Zones of India (Regulation of fishing by foreign vessels) Rules,

1982

The Rules cover definitions that are supplementary to those in the Act, but which still do not
adequately provide a sound basis for implementation and enforcement. They require certain
information to be provided on license applications, but this needs to be updated to implement
international instruments and address modern technology and regional and international
requirements for the exchange of information.
The Rules empower the Central Government to grant a license for a range of activities that are
not contemplated in the Act, and do not fall within the definition of “fishing”:
• taking on board any outfit or supplies while at sea;
• landing fish or fish products,
• purchasing or obtaining bait, outfits, provisions or supplies (including fuel) at an Indian
port;
• Effecting repairs at an Indian port.
There is no provision for a corresponding offence or penalty for carrying out these activities
without a license. This appears to be a major inconsistency that may be challenged. Other
activities for which a license may be granted are included in the definition of “fishing” in the
Act, and refer to commercial fishing, transshipment or supply at sea, processing at sea and
transporting fish from the fishing grounds. They should be reexamined for scope and consistency
with other laws covering processing on land and transporting fish generally, not just from the
fishing grounds to port. In the latter case, activities involving transshipment at port and transport
to another port would not be covered.3

The issue of transshipment at sea was discussed at the Fifth Meeting of the Inter-Ministerial
Empowered Committee on Marine Fisheries, held on 24 January 2007. The Meeting reviewed
the decision taken at the Fourth Meeting of the EC, held on 18 July 2006 that “Mid-sea transfer
of stocks should be discouraged. As a first step, it was decided that henceforth transshipment
would be permitted only within 24 nautical miles or the Contiguous Zones. It would appear so
because Contiguous Zones are declared for customs, fiscal, immigration or sanitary reasons,
which are relevant to transshipments. It was also decided that transshipment of tuna catches
should be done only into carrier vessels, which are in the approved list of the IOTC”. It agreed
that a new condition should be added, and this information was circulated to companies fishing.
Concerns of the companies were subsequently discussed in various flora, but information on the
outcomes was unavailable. The result is that, although transshipment requirements may be
included in individual Letters of Permission for vessels to fish in India’s EEZ, there are a number
of situations that are not now covered, including those that India is required to implement as a
member of the Indian Ocean Tuna Commission.

Separate sections deal with the term of validity for licenses (directed at owners of foreign
vessels) and permits (directed at Indian citizens who charter foreign vessels). There is no
requirement for the government to maintain a register of licenses or permits, or implement the

3
Ccsindia.org. 2021. [online] Available at: <https://ccsindia.org/internship_papers/2005/13.%20indian%20fisheries
%20by%20Rohan.pdf>
rules of a regional fisheries management organization. The Rules, particularly those relating to
chartered vessels, do not allow for fisheries management, including relevant requirements under
the UN Fish Stocks Agreement, and under RFMO conservation and management measures.
Some general provisions govern transit, permitting scientific research and prohibiting damage to
Indian vessels, fishing in territorial waters and use of explosives.

Offences under the Rules are punishable by a maximum Rs 50,000 fines. Compared to other
jurisdictions, this is very low and the deterrent effect could be very low. Higher fines for “serious
offences”, such as those described in Article 21 of the 1995 UN Fish Stocks Agreement, are not
distinguished.

Marine Fisheries Regulation and Management (MFRM) Bill 2019

Under UNCLOS, which India ratified in 1995, the sea and resources in the water and the seabed
are classified into three zones — the internal waters (IW), the territorial sea (TS) and the
exclusive economic zone (EEZ). The IW is on the landward side of the baseline — it includes
gulfs and small bays. Coastal states treat IW like land. The TS extends outwards to 12 nautical
miles from the baseline — coastal nations enjoy sovereignty over airspace, sea, seabed and
subsoil and all living and non-living resources therein. The EEZ extends outwards to 200
nautical miles from the baseline. Coastal nations have sovereign rights for exploration,
exploiting, conserving and managing all the natural resources therein.

Since fisheries is a state subject, fishing in the IW and TS come within the purview of the states
concerned. Other activities in the TS and activities, including fishing beyond the TS up to the
limit of the EEZ, are in the Union list. No Central government, so far, has framed laws covering
the entire EEZ. The Bill attempts to make up for this. The annual fishery potential of the
country’s EEZ is about 5 million tons. Utilising it judiciously is an important priority of the
government that was underscored by the formation of a new fisheries ministry.
The Bill prohibits fishing by foreign fishing vessels, thus nationalizing our EEZ. An Indian
fishing vessel desirous of fishing in the EEZ, outside the TS, must obtain a permit. This
requirement has been contested by the fishing industry — particularly small-scale operators. The
Bill lacks congruence with important regional fishery agreements. It is incomplete compared to
the regulations in other coastal nations. However, it is necessary for the sustainable future of the
marine fishing industry. The Bill respects the jurisdiction of our coastal states over the TS.

Environmental Laws granting protection

The Environment Protection Act, 1986

Is an umbrella legislation designed to provide a framework for the Central Government to co-
ordinate the activities of various Central and State authorities established under previous laws,
and to bring about uniformity in regulations? It has provisions to allow the making of rules for
various activities and areas of concern/interest, and hence it is an ‘enabling’ law. The Act
empowers the Central Government to take appropriate measures for the purpose of protecting
and improving the environment. It is authorized to lay down standards for controlling emissions
and effluent discharges of environmental pollutants, to regulate industrial locations, to prescribe
procedures for managing hazardous substances, to establish safeguards for preventing accidents,
and to collect and disseminate information regarding environment pollution. In accordance with
this act, the central government has issued a number of rules and not Regulations as Regulations
connote a different meaning in India.

Ecosystems and landscapes can be notified Ecologically Sensitive Areas (ESA). This would
enable control or restriction of certain identified commercial, industrial and development
activities. Potentially a strong tool to fight against commercial and industrial pressures.
Subsequent notifications under the Environment Protection Act have also made it mandatory to
conduct environmental impact assessments (EIAs) for specified developmental activities and
have made public hearings mandatory for all developmental activities. The scope of public
hearing has drastically reduced in the most recent EIA notification of 2006. The discharge of
pollutants is regulated, inspection schemes are provided, and the location of certain industries in
coastal zones are prohibited and restricted. The ecologically sensitive areas such as habitats of
turtles (this more under the Wildlife Act and not so much under the EPA). 4

The Water (Prevention and Control of Pollution) Act, 1974

This Act provides for the protection of the coastal sea from land-based sources of pollution
subject to the discretion of the state government. The main provisions aim at prevention and
control of water pollution as well as restoration of water quality through the establishment of
State Pollution Control Boards. In conjunction with the Coastal Regulation Zone Notification of
1991 under the Environment (Protection) Act, 1986, the Act can contribute to regulating land-
based sources of pollution in the coastal waters up to a maximum distance as decided by the
State government. Most SPCBs claim a very active role with respect to the coastal industries.
Functions of state pollution board
 To inspect trade effluents, work and plans for treatment of trade effluents under section
17(7).
 To lay down, modify on annual effluent standards for the trade effluents and for the
quality of receiving waters resulting from discharging effluents.
 To advice the state government for location of an industry or industrial activity.
 To take samples of trade effluents being discharged from any plants and to have them
analyzed E.g.: Harihar poly-fibers near Harihar causing major fish kill

National Environment Policy 2006

4
AlokSaxena, Marine Biodiversity in India: Status and Issues, available at
http://www.upsbdb.org/pdf/Souvenir2012/ch-14.pdf
A National Environment Policy was adopted by Cabinet in 2006, giving rise to a range of issues,
some of which are parallel to concerns about fisheries law and policy. The industry-friendly
aspects of the environmental reforms have been criticized by a broad base of environmental
supporters.
The Policy itself has no timelines, institutional responsibilities or targets, but instead offers
measures and possible action plans that may or may not materialize. The Policy does refer to
fisheries, but only indirectly in terms of the effect that environmental degradation could have on
fisheries and food for the poor, the need for wetlands and the desirability of building adequate
environmental safeguards into development projects in the islands, in particular those relating
inter alia to deep sea fishing.
A key concern of stakeholder groups is the Policy’s objective of decentralization (also in the
Fisheries Policy) and the lack of human capacity to implement it effectively. The question of
whether existing sectoral policies would be replaced, such as those relating to forest, water,
biodiversity and pollution, does not appear to have been addressed. Another issue is that other
environmental laws have been disregarded, such as the Wildlife Protection Act, 1972 or the
Water (Prevention and Control of Pollution) Act, 1974. 5

5
Indianfisheries.icsf.net. 2021. ICSF - Indian Fisheries. [online] Available at:
<https://indianfisheries.icsf.net/en/page/827-Indian%20Legal%20Instruments.html>
 Important Case Laws

The Indian Judiciary, the custodian of constitution, has been giving beacon light for protection of
Environment while interpretation the constitution in positive manner. Judicial Chronology is full
of landmark decisions, which embarked upon that Right to life far exceeds mere breathing and
walking and developed Environment Jurisprudence. Judiciary plays a vital role in the protection
of environment. Here are some of the Landmark judgment on Environment Protection.

1. Goa Environment Federation, v. State of Goa6

By this petition, which was treated as a Public Interest Litigation, certain issues were raised
relating to protecting, preserving and conserving certain vital species of fish, relating to the rights
of traditional fishing communities, which were dependent upon fishing for their day-to-day
livelihood and relating to the proper regulation of fishing. The main grievance of the petitioner
was that during the breeding season of certain varieties of fish between June and August, the
fishing activity of especially mechanized boats and trawlers ought to be stopped, so as to enable
the fish to breed, in order to conserve the same on a sustainable basis. The Government of Goa
had taken a decision to impose a total fishing ban by all mechanized fishing vessels and trawlers
every year from 10th June to 15th August. However, the petitioner pointed out that for the
fishing ban to be really effective, certain stringent directions would have to be issued so as to
ensure that the ban was not only on paper.

Therefore, the court directed, among others, that during the aforesaid ban period, the State
Government of Goa should strictly implement the above fishing ban against all kinds of
mechanized vessels within the territorial waters of the State Goa. It was made clear that the
traditional fishing by boats, without any mechanized motors, etc., were permissible and this
order would not come in the way of the fishers earning their day-to-day livelihood by traditional
fishing. To ensure effective ban and implementation of the ban, the State Government of Goa
was directed to patrol all the beaches; crafts or canoes which were mechanized should be seized.
During the ban period, the licenses granted to all such mechanized fishing vessels would stand
suspended.

6
(2002) IN HCB 298
 2. Essar Oil Ltd. v. Halar Utkarsh Samiti,7
The case was against the laying of pipelines across the Gulf of Kutch National Park and Wildlife
Sanctuary. The Indian Supreme Court allowed the laying of pipes as it found that the plan to do
so was thought out and would not unduly damage the environment. The Court referred to the
Declaration of the 1972 Stockholm Conference on the Human Environment as the ''Magna-Carta
of our environment''. The laying of such pipes would be in line with the Declaration, and thus the
Court allowed it. It stressed the importance of maintaining a balance between economic
development on the one hand and environment protection on the other. But in a sense all
development was an environmental threat. Indeed, the very existence of humanity and the rapid
increase in the population together with consequential demands to sustain the population had
resulted in the concreting of open lands, cutting down of forests, the filling up of lakes and
pollution of water resources and the very air which people were breathing. However there
needed not necessarily be a deadlock between development on the one hand and the environment
on the other. The objective of all laws on environment should be to create harmony between the
two since neither one could be sacrificed at the altar of the other.

3. M.C. Mehta v. Union of India- Ganga Pollution Case8

In 1985, M.C. Mehta filed a writ petition in the nature of mandamus to prevent these leather
tanneries from disposing of the domestic and industrial waste and effluents in the Ganga River.
In this petition, the petitioner requested the court to request the Supreme Court (the Court) to
restrain the respondents from releasing effluents into the Ganga river till the time they
incorporate certain treatment plants for the treatment of toxic effluents to arrest water pollution.
The Court highlighted the importance of certain provisions in our constitutional framework,
which enshrine the significance and the need for protecting our environment. Article 48-A
provides that the State shall endeavor to protect and improve the environment and to safeguard
the forests and wildlife of the country. Article 51-A of the Constitution of India imposes a
fundamental duty on every citizen to protect and improve the natural environment, including
forests, lakes, rivers, and wildlife. The Court stated the importance of the Water (Prevention and
Control of Pollution) Act, 1974 (the Water Act). This act was passed to prevent and control
water pollution and maintaining water quality. This act established central and stated boards and
7
[2004] 2 S.C.C. 392
8
conferred them with power and functions relating to the control and prevention of water
pollution. Now, the question was raised that what is Trade Effluent? A Trade Effluent is any
substance in the form of solid, liquid, or gaseous state which is discharged from any
establishment used for carrying out any trade or industrial activity, other than domestic sewage.
It was noted that the leather industry is one of the significant industries besides paper and textiles
consuming large quantities of water. Most of the water used is discharged as wastewater. The
wastewater contains toxic substances that deplete the Oxygen content of the clean river water in
which they are discharged. This results in the death of aquatic life and emanates foul odor. The
Court held the despite provisions in the Water (Prevention and Control of Pollution) Act, 1974
Act no effective steps were taken by the State Board to prevent the discharge of effluents into the
river Ganga. Also, despite the provisions in the Environment Protection Act, no effective steps
were taken by the Central Government to prevent the public nuisance caused by the tanneries at
Kanpur. In a historic judgment in 1987, the court ordered the closure of a number of polluting
tanneries near Kanpur. The court held that- “Just like an industry which cannot pay minimum
wages to its workers cannot be allowed to exist, a tannery which cannot set up a primary
treatment plant cannot be permitted to continue to be in existence.” The Court ordered the
tanneries to establish primary treatment plants, if not Secondary treatment plants. That is the
minimum which the tanneries should do in the circumstances of the case.

4. Subhash Kumar v. State of Bihar & Ors9

In this case, an environmentalist filed an application regarding the damage caused by the sinking
of a ship which was carrying coal, fuel oil and diesel. Due to the sinking, a thick oil layer was
formed on the surface of the sea which caused damage to the marine ecosystem. This case was
held to involve questions of public importance and significance of environmental jurisprudence.
The tribunal noticed the negligence. The sinking of the ship was the result of the negligence of
the Respondents and upholding the principle of Polluter Pay. The Tribunal has further held that it
has power to grant compensation for the costs incurred by the Central Government to clean the
wrecks which may pose hazards to navigation and to marine environment. The Court thereby
reaffirmed the “Precautionary Principle” and “Polluter Pays Principle” and also recognized Right
to clean environment as a fundamental right under Article 21 of the Constitution of India which

9
M.C.Mehta v Union of India, AIR 1988 SC 1037(India)
guarantees protection of life and personal liberty. The Tribunal held that the ship sinking
accident is said to have led to the pollution of the marine environment on three counts: (a)
Dumping of the cargo on the ship, i.e., coal in to the sea; (b) Release of the Fuel oil stored on
board and the resultant oil spill caused by it and (c) wreckage of the ship itself, which contained
the materials. In the present case, the ship used in the transport is unseaworthy and the
respondents should have never used the ship for transport purpose. Therefore, in the present case,
sinking of the ship is held equivalent to dumping. Environmental compensation of Rs. 100 crores
were imposed. This is one of the biggest compensations ever made by private entity to
government.

5. Art of Living Case on Yamuna Flood Plain;10 National Green Tribunal

Judgment- The National Green Tribunal (NGT) held the Art of Living Foundation of Sri Sri Ravi
Shankar responsible for the alleged damage caused to the Yamuna floodplains due to the World
Cultural Festival organized in March 2016. NGT Panel found that the organizers of the Art of
Living Festival violated the environmental norms and it has severely damaged the food plane
area at the bank of Yamuna River in Delhi. Earlier, the Government of Delhi and Delhi
Development Authority (DDA) has permitted the Art of living festival organizers but it was an
under some conditions. The NGT panel imposed a penalty of Rs. 5 Crore on Art of Living
Foundation as environmental compensation after coming down heavily on the foundation for not
disclosing its full plans. The panel also warned AOL Foundation that in case of failure to pay the
penalized amount the grant of Rs.2.5 crore which the ministry of culture is supposed to pay AOL
will be attached. While reacting with dismay to the verdict, the Art of Living Foundation
expressed disappointment and claimed that it had complied with all environment laws and norms
and its’ submissions were not considered by NGT.

Conclusion

10
In a country such as India, where the tide of unemployment rates high and capital is scare,
technological improvements should be capable of carrying the people with them at optimal
investment. The country's major river systems are polluted, resulting in large-scale fish kills and
destruction of aquatic life. Indiscriminate stake net fishing in the estuaries and construction of
salt water barriers further damage the brackish water as well as the marine prawn fishery.

The long-term effect on marine life can include cancer, failure in the reproductive system,
behavioral changes, and even death. Disruption to the Cycle of Coral Reefs: Oil spill floats on
the surface of the water and prevents sunlight from reaching marine plants and affects the
process of photosynthesis. Depletes Oxygen Content in Water: Most of the debris in the ocean
does not decompose and remain in the ocean for years. Due to this, oxygen levels go down, as a
result, the chances of survival of marine animals like whales, turtles, sharks, dolphins, penguins
for a long time also goes down. Excessive nutrients from sewage outfalls and agricultural runoff
have contributed to the number of low oxygen (hypoxic) areas known as dead zones, where most
marine life cannot survive, resulting in the collapse of some ecosystems.Industries like sea food,
tourism and transportation provides livelihood to millions of people around the globe. Due to
climate change and various human activities like oil spills, dumping of waste and extensive sea
bed mining, the quality of the oceans as well as the quality and health of various flora and fauna
inhabiting the oceans have been adversely affected. This in turn causes harm to the human beings
and their health thus violating their basic human right to a healthy life. A clean, safe and healthy
environment is a precondition for overall wellbeing of every human being. The Indian Judiciary
has encouraged an innovative approach to environmental rights in the country. Judicial activism
has provided impetus to campaign against various environmental pollution issues arising in the
country in recent times. The Indian Judiciary has interpreted Art. 21 to give it an expanded
meaning to bring within its ambit the right of every citizen to a clean, safe and healthy
environment. The Judiciary while showing keen interest in the environmental issues affecting
various aspects of the life of human beings passed appropriate orders, directions and writs
against persons adversely affecting the environment. The Parliament of India has also made
efforts to protect and preserve the marine environment by ratifying various international
agreements, treaties and conventions. Currently efforts are being made at local, national and
international level to build Marine Protected Areas (MPAs); local communities are also standing
up for their right to healthy environment and to address the issue of accumulation of plastic and
such other toxic substances in the oceans. But still a lot of ocean conservation efforts, through
laws designed to manage fisheries, land-based pollution, formation of Marine Protected Areas
(MPAs), strict regulation of various hazardous industrial activities and processes, anti-dumping
laws and coastal waste management laws are required to address the issue of marine environment
pollution. Moreover, lack of awareness among citizens is also a major impediment in the field of
marine environment conservation which also needs to be addressed adequately.

Environment impact assessment should be carried out in detail, various principles like the
polluters pay should be actually put into practice. Various NGOs and Coastal Zone Protection
units which are set up in the coastal areas should be provided with necessary technical know-
how and financial support. Moreover, scientific research, generating awareness and involvement
of local community should be an integral part of every environment protection strategy.
 Bibliography

Articles
 Pandya, Foram & Bharad, Bhavesh. (2019). A Study on Legal Aspects of Marine
Environmental Protection in India. 2. 25-33.
 Lexpress, ‘Right to clean and healthy environment’ as a Fundamental Right in
India,
 P Laxmilatha, T S Sruthy and M S Varsha, Marine Protected Areas
 Biodiversity a-z.UN Environment, WCMC
 Division for Sustainable Development Goals, DESA:

 Alok Saxena, Marine Biodiversity in India: Status and Issues

 Indianfisheries.icsf.net. 2021. ICSF - Indian Fisheries.