NEW DELHI: The Supreme Court on Tuesday admonished the Tamil Nadu government for what it described as possible overreach after a petition alleged the state had imposed a fresh, blanket ban on purse seine fishing soon after the apex court allowed the method in the Union government’s Exclusive Economic Zone (EEZ).
Bench questions state action, sets two‑week deadline
A bench comprising Justices P.S. Narasimha and Alok Aradhe said it viewed the matter as serious and asked the Tamil Nadu government to file its response within two weeks. The court also indicated it would call the state’s secretary to explain the move.
"We have seen the order. It's no breeding season order which bans fishing during the specific period. We will call your secretary. How can our orders be overreached? File your reply in two weeks," the bench said.
The petition was filed by the NGO Fisherman Care, which contends that the state issued a complete ban on purse seine nets on 9 September, immediately after the apex court’s 2 September direction that permitted the method in the EEZ subject to conditions.
Legal and jurisdictional context
The dispute highlights the division of regulatory authority between the state and the Union in fisheries law. The Supreme Court had earlier observed that Tamil Nadu may prohibit purse seine fishing within its territorial waters — up to 12 nautical miles — under the Marine Fishing Regulation Act, 1983. However, the court said regulation of fishing in the EEZ — from 12 to 200 nautical miles — falls within the Centre’s exclusive competence under the EEZ Rules, 2025.
In the present hearing, Fisherman Care alleged that the state’s September 9 notification directly contravened the September 2 direction, and that the Director of Fisheries and other state officials had participated in an expert committee that had accepted a report permitting regulated purse seine fishing.
Arguments before the court
Advocate Jaya Sukin, representing fishermen, urged the bench that the state’s notification constituted a "complete violation" of the apex court’s earlier order. The petition argued that laws and regulations governing access to the EEZ for purse seine fishing and transit through the state’s territorial waters were already in force and being implemented, and that the fresh ban undermined those arrangements.
The bench questioned how the state could take measures that, the court said, appeared to transgress the earlier direction and indicated it would summon senior state officials to explain the rationale behind the notification.
What is purse seine fishing and who is affected
Purse seine fishing employs a large vertical net set around a school of fish; the bottom of the net is then drawn closed like a purse to trap the catch. The practice is used widely in deep-sea fisheries and is a significant livelihood source for many coastal fishing communities.
- Affected groups: mechanised and large trawler operators who use purse seine gear, crew members dependent on deep‑sea catches, and coastal communities linked to the supply chain.
- Regulatory impact: Access passes and permission to operate in the EEZ are controlled under central rules; states retain authority up to 12 nautical miles.
- Immediate consequence: The petition says the September 9 state notification curtailed fishing activities that had been conditionally permitted by the court on September 2.
Next steps and broader implications
The court has given the Tamil Nadu government a fortnight to file an explicatory reply and will summon the state secretary. Depending on the response, the bench may examine whether the state’s action amounts to non‑compliance with the apex court’s direction and whether it interferes with the Centre’s exclusive domain in the EEZ.
Legal observers say the case could settle key questions about cooperative federalism in maritime regulation and set a precedent for how states can regulate fishing near their coasts while respecting central authority over the EEZ.
| Date | Event |
|---|---|
| 2 September | Supreme Court direction permitting purse seine fishing in the EEZ with conditions |
| 9 September | Tamil Nadu notified a complete ban on purse seine nets (alleged by petitioner) |
| Late September (hearing) | SC asks state to file reply within two weeks and to produce secretary |
The matter will be closely watched by fishing associations, state fisheries departments and the Union Ministry of Fisheries, given the livelihoods at stake and the constitutional division of powers involved.
Selvan Murugesan, New Delhi
