Constitutional Provisions Related To IUU Fishing
- IJLLR Journal
- Mar 7
- 1 min read
U. Shanmathi, LLM (Maritime Law),The Tamil Nadu Dr. Ambedkar Law University, Chennai
ABSTRACT
Illegal, Unreported and Unregulated (IUU fishing) constitutes a serious threat on the to the marine ecosystem, India’s sovereign rights over its seas, and the livelihood security of the coastal population. This paper approaches IUU fishing from a constitutional perspective arguing that it is not a regulatory or administrative issue but violation of fundamental rights, directive principles and international obligations. It examines the scope of Article 21, Article 48A, Article 51A(g), and Article 39(b) with public trust doctrine, to highlight the responsibility of the state preserve the marine resources for future generation.
The paper analyses how division of legislative power between center and the state with relation to territorial sea and exclusive economic zone gaining attention on the enforcement weakness caused due to overlapping jurisdiction and inadequate institutional coordination. The paper examines India’s duty under international agreements like UNCLOS, FAO port state management agreement and explains how these obligations are supported by the Indian constitution.
By bringing together the issues of environmental protection, sustainable use of marine resources, protection of fisherman’s livelihood and India’s authority over its maritime zones, the paper argues for a strong and unified ocean governance system. This system should be based on the cooperation between the Centre and the states, use of modern technologies.
Finally, this study concludes that alignment of constitutional values with marine governance is essential to control IUU fishing to ensure long term marine security.
Keywords: Illegal, Unreported and Unregulated fishing, public trust doctrine, constitutional environment rights, UNCLOS obligations.
