Abstract
This paper seeks to look into the sustainability of fisheries in India and critically analyze whether the laws and regulatory framework in place are indeed enough to ensure the sustenance of an industry where fish are indiscriminately caught in numbers and methods which form the very antithesis of sustainable development when it comes to India’s aquatic resources. At present, the existing environmental and industrial framework are falling short of accounting for introducing sustainable practices in the fisheries that span the country – marine, inland and otherwise. The existing laws need to implement the provisions that have been developed as part of the international response to the question of sustainability in fishing. The paper’s primary objective is to appraise the formulation of new laws such as Indian Marine Fisheries Bill, 2021, as well as the amendment of existing laws like the Environment (Protection) Act, 1986, Fisheries Act, 2018 and the various rules set out by the nascent Ministry of Fisheries, Animal Husbandry and Dairying.
Introduction
Fishing in India is a major component of the Indian economy and society. The country is blessed with one of the longest coastlines of the world, as well as an abundance of inland water bodies with a wide variety of aquatic life. India has many communities that depend almost completely on fishing: the aquatic life is intrinsic to the lives and culture of these groups. The Fishing industry employs nearly 14.5 million people, and the yield from this qualifies India as the third largest producer of fish in the world.
The laws and regulations that regulate the fishing industry – both inland and marine – are varied and inclusive. These include the Fisheries Act, 1897, from the British colonial era that mainly dealt with restricting the manners in which fish could be killed; the Environment (Protection) Act, 1986, which acts as an umbrella legislation that deals with the preservation of the environment including the fishing sector, along with the Water (Prevention and Control of Pollution) Act, 1974. The Wildlife Protection Act, 1972, is another legislation that prohibits killing of endangered aquatic life. The Department of Fisheries under the Ministry of Fisheries, Animal Husbandry and Dairying released the National Fisheries Policy in 2020 – which aimed at integrating all the existing policies that the government had formulated until then for fisheries in India for both inland and marine aquaculture. There is also the Indian Marine Fisheries Bill that is pending in the Union Parliament – tabled for introducing a much more nuanced and sustainable approach to marine fisheries. This research note is focused on analysing how these legislations are construed vis-à-vis the current problem of creating a sustainable structure for the fishing industry in the country.
Legislative Setbacks
The provisions in the acts mentioned above are reflective of the eras that they were enacted in – they have no mention of sustainability. The National Fisheries Policy, 2020 – while a novel effort to assimilate the different fishing practices into one framework – lacks organisation and doesn’t provide a streamlined approach to the fisheries, as it failed to provide a separate distinction between marine and inland fisheries. The line between the two is blurred and the policy fumbles even more when it comes to light that it doesn’t recognise the groups involved in the industry – from the smallest fisherperson to the corporate giants that have a considerable influence on the rules that are framed for commercial fishing in India.
The biggest drawback of this policy is that it focuses on the trade and export of fishes rather than building an effective legal framework for either the fisherfolk or the water bodies and the life that is to thrive in them. It prioritises economic growth over environmental governance – which is a blunder that could have disastrous consequences considering how the depletion of aquatic resources is increasing rapidly.[1]
The policy also fails to answer how the pollution from aquaculture shall be mitigated in the near future. Aquaculture ultimately leads to not only habitat destruction for the fish, but also the lives of the humans that form the biggest stake in the industry.
Coming to the Indian Marine Fisheries Bill, 2021, there is much contention – especially from the stakeholders of the fishing industry. Apart from the critique that spans from lack of clarity, being pro-rich and in favour of the corporates, the Bill is completely devoid of any mention of sustainability – at least in practice. It has also been reported that the Bill had been hastily reconfigured and drifted away from its earlier drafts that had some focus on sustainability.
Way Forward
The law has the power to mould the future approach to bring about sustainability in the industry. For starters, the government must take into consideration of the fisherfolk and their varied approaches across the country when it comes to fishing. Their traditions and techniques must be given importance and ancient practices in the fishing industry which focused more on conserving the natural resources.
The lawmakers must consider a complete rehaul of the fishing laws and regulations that are devoid of any effective provisions for bringing about sustainable fishing practices in the country. They can take inspiration from the Sustainable Fisheries Act of 1996, which was passed by the United States Congress. The law should ensure that fisheries in the country have the infrastructure to manage a viable structure that promotes sustainability of Indian aquatic resources.
Another approach that requires incorporation is the pertinent question of climate change. The emissions have already caused a change in the numbers of the fish in the marine and inland fisheries. The availability of fish in the oceans would be impacted drastically as there would be migration to warmer waters.[2] This can be seen in the shift towards the Arabian Sea in the Indian context. An overall system of fisheries that is holistic in its approach is the need of the hour. The lack of sustainable provisions in the current policy framework is a matter of major concern and must be answered immediately to preserve a way of life and a facet of the economy that a considerable chunk of the population in India.
[1] Abhimanyu Shrivastava, Decoding India's National Fisheries Policy, 2020, Degrees of Change, (Oct. 3, 2022, 5:23 PM), https://www.degreesofchange.in/articles/decoding-indias-national-fisheries-policy-2020 [2] The Law That’s Saving American Fisheries https://oceanconservancy.org/wp-content/uploads/2017/05/ff-msa-report-20131.pdf
This post is authored by Aditya Praveen Kumar, 3rd Year, BA LL.B (Honours) student from School of Law, CHRIST (Deemed to be University)
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