Online Short Term Internship

January 2025
Research Paper Submission on

Impact of Industrial Fishing on the Rights of Traditional Fishing Communities

By Interns of Group 5

Siddharth Sehray Indian Institute of Mass Communication , New Delhi

Urvashi Bhargava Jagran Lakecity University, Bhopal.
Vineet National Law University, Nagpur
Vishakha Rawat Guru Gobind Singh Indraprastha University, New Delhi
Yash Jatav Shri G.S. Institute of Technology and Science, Indore
Varshita Jiwaji University, Gwalior
Uzmah Jaan Jamia Millia Islamia , Delhi
Dr.Swetha.R Meenakshi Ammal Dental College and Hospital, Chennai
Yashika Gupta Sardar Patel Subharti Institute of Law, Meerut
Zeba Sahil Aligarh Muslim University, Aligarh
Suhani Gupta Jain Subodh Law College , Jaipur
Umang Jaiswal Mahatma Gandhi Kashi Vidyapeeth, Varanasi
Vaidya Lahari Central University of Kerala , Kasargod

under the esteemed guidance of

Dr.Niharika
JRC NHRC
 TABLE OF CONTENTS

INTRODUCTION……...…………………………………………………………………….3

The Fishing Industry: Divisions and the Rise of Industrial Fishing ………………….3

Traditional Fishing: A Way of Life Under Threat…………………………………….4

The Timeless Pursuit: The Evolution of Fishing………………………………….. …4

Latest Data…………………………………………………………………………….6

Fundamental rights of fishermen in India……………………………………………..8

Policies Supporting Traditional Fishing Communities in India.………………………9

REVIEW OF LITERATURE………………………………………………..……………..10

PROBLEM STATEMENT………………………………………….………….….……….12

Commercial Fishing led to loss of livelihoods……………………………………….12

Commercialisation has restricted access to fishing grounds…………………………12

Environmental Degradation and Food Insecurity……………………………………13

Marginalization in Policy and Decision-Making…………………………………….13

Competition and Economic Displacement…………………………………………...13

Cultural and Social Disruption……………………………………………………….13

Human Rights Violations and Exploitation…………………………………………..14

RESEARCH METHODOLOGY…………………………………………………..………15

Secondary Data Sources…………………………………………………….………..15

Primary Data Source…………………………………………………………………15

MAJOR POLICIES………………………………..……………………………………….16

FINDINGS…………..…………………………………………………...………………….17

Problems of Small Fishermen and traditional fishing Communities……………….. 17

Competition from industrial fishing vessels………………………………………….18

1
ANALYSIS………………………………………………………………………….……….19

Systemic Challenges Faced by Traditional Fishing Communities………...…………19

Socio-Economic and Cultural Impact………………………………………………..20

CONCLUSION………………………………………...……………………………………21

RECOMMENDATIONS……………………………….…………………………………..22

2
Introduction

The global fishing industry plays a crucial role in both the economy and the food supply
chain. This sector includes a broad spectrum of activities—from the harvesting and
processing of marine life to its distribution and preservation. Fishing is not only an economic
activity but also a vital food source for millions of people. According to the Food and
Agriculture Organization (FAO), the industry supports the livelihoods of over 500 million
individuals, many of whom are in developing countries and depend on fisheries for their
survival. Despite its importance, the industry faces significant challenges, particularly the
issue of overfishing, which threatens the balance of marine life by depleting fish populations
faster than they can replenish. Additionally, climate change and the ongoing loss of
biodiversity further complicate these issues, putting marine ecosystems at risk. As fish stocks
decline, food security becomes increasingly precarious, particularly for communities whose
survival relies on fishing1.

The Fishing Industry: Divisions and the Rise of Industrial Fishing

The fishing industry can be broadly classified into three main sectors: commercial,
subsistence (or traditional), and recreational fishing. Each of these sectors operates
differently, with varying methods and goals. Within the commercial fishing sector, industrial
fishing has become dominant, driven by large-scale operations and the use of advanced
technologies to maximize fish catches. This approach contrasts sharply with traditional,
subsistence fishing, which focuses on meeting the personal food needs of the fisher and their
family. Industrial fishing, including aquaculture, raises ethical concerns due to its scale and
its potential to cause environmental harm2.

Methods and Gear Used in Industrial Fishing ​

Industrial fishing employs a range of techniques designed to harvest vast quantities of fish.
Common methods include trawling with large nets, pole and line fishing, trolling, and using

1
The Humane League, Fishing Industry, https://thehumaneleague.org/article/fishing-industry

2
Reel Coquina Fishing, Traditional Fishing Techniques Around the World,
https://www.reelcoquinafishing.com/blogs/florida-fishing-blog/traditional-fishing-techniques-aroun
d-the-world

3
Traditional Fishing: A Way of Life Under Threat

In contrast to industrial fishing, traditional fishing methods are rooted in local knowledge and
sustainable practices passed down through generations. For many coastal communities,
fishing is not just an economic activity; it is a fundamental part of their cultural identity.
However, the rise of industrial fishing is increasingly threatening these practices. Industrial
operations not only deplete fish stocks but also disrupt the delicate balance of marine
ecosystems, putting the traditional fishing communities’ way of life at risk. These
communities face not only environmental degradation but also the erosion of their cultural
heritage and rights as industrial operations encroach upon their traditional fishing grounds3.

Traditional Fishing Practices: Cultural and Ecological Significance

Traditional fishing practices vary significantly depending on the region, the local
environment, and the fish species being targeted. Common techniques include hand-lining,
spearfishing, gleaning, and using traps, each requiring skill and intimate knowledge of local
ecosystems.

Indigenous Fishing Communities: Defenders of Traditional Practices

●​ Koli: The Koli community, particularly in Maharashtra, has long been known for their
skills in both river and sea fishing.
●​ Dhiwar: Similar to the Koli, the Dhiwar community is skilled in river fishing and
also cultivates aquatic crops like Singada nuts.
●​ Bhoi: The Bhoi community, historically known as “Palkhiche Bhoi” has traditionally
relied on rivers for sustenance.
●​ Gabit: Concentrated in the Konkan region, the Gabit community continues to practice
traditional fishing.

The Timeless Pursuit: The Evolution of Fishing

Fishing, a practice with roots reaching back at least 30,000 years, has significantly shaped
human civilization and our connection with nature. What began as a basic survival necessity
has blossomed into a cherished activity—both as a source of food and as a popular leisure

3
Reel Coquina Fishing, The History of Fishing,
https://www.reelcoquinafishing.com/blogs/florida-fishing-blog/the-history-of-fishing

4
pursuit. From ancient spears to today’s modern techniques, fishing continues to evolve,
reflecting both our technological advancements and timeless desire to interact with the
natural world4.

The Origins of Fishing

Fishing is one of humanity’s oldest forms of food gathering, with evidence pointing to its
existence as early as the Paleolithic era. Today, fishing remains essential for food security
around the world while also providing millions with the opportunity for recreation. The
introduction of modern tools, such as boats and drones, has further diversified fishing
techniques5.

Technological Advancements in Fishing

Throughout history, several key inventions have drastically shaped the way people fish:

●​ Nets: Used for millennia, nets were a common fishing tool by 2,700 BC.
●​ Fishing Rods: Simple poles have been in use for centuries, but the modern fishing
rod, which includes a reel, was invented by Charles Volmer in the early 1900s6.

Fishing as a Leisure Activity

Over time, fishing has transformed from a survival skill to an activity enjoyed by millions
around the world. Today, it ranges from the tranquil practice of fly fishing in mountain
streams to the excitement of deep-sea fishing on the open ocean.

A Closer Look at the History of Fishing Practices

●​ Archaeological findings suggest that early humans, like Homo habilis and Homo
erectus, may have engaged in some form of fishing around 500,000 years ago
●​ Around 3,500 BC, ancient Egyptians developed basic fishing methods, including the
use of spears, nets, lines, and hooks.

Fishing in Ancient Civilizations

4
Alimentarium, History of Fishing, https://www.alimentarium.org/en/fact-sheet/history-fishing
5
Alimentarium, supra note 5.
6
Encyclopaedia Britannica, supra note 3.

5
During the Roman era, fishing became an important part of Mediterranean life. In medieval
Europe, fishing rights were heavily controlled by feudal lords, and fishing was largely
reserved for religious communities during fasting periods. However, the 11th century saw the
rise of fish ponds, marking the beginning of what we know as fish farming today.

The Expansion of Commercial Fishing

●​ As time progressed, fishing grew beyond local subsistence. By the 15th century,
deep-sea fishing had begun to expand, with Dutch herring drifters using large drift
nets.
●​ The 17th century saw the introduction of trawlers in Great Britain. By the 19th
century, the industrial revolution led to the widespread use of steam-powered boats
that could haul large nets from deeper waters, significantly increasing the seafood
trade

Latest Data
Industrial fishing has greatly impacted the rights and livelihoods of traditional fishing
communities around the world. Advanced technologies in fishing and large-scale operations
have resulted in overfishing

A comparative analysis between the conventional and modern method of fishing showed that
while the modern one has an impressive annual profitability compared to the former, at
US$5.0 million to US$1.2 million; it involves a more significant investment cost, at US$4.0
million compared to US$0.5 million for traditional ones. Traditional fishing methods further
exert 75 jobs per million revenue, while the modern ones only provide 30 jobs, indeed
showing an immense decrease in job opportunities for local people.7

Regions like Tamil Nadu, India, where traditional fishing villages face challenges both from
climate change and industrial expansion of fishing. The twin challenge impacts the
livelihoods of the local communities very adversely, including a decrease in catches and an
increase in competition for resources.8

7
Shariq Mehmood Khan, International Journal of Fisheries and Aquatic Research, 9 IJFAR 27, 28-29 (2024).
8
Rakesh Ranjan, Caught in troubled waters: climate change and industrial shipping threaten fishing
communities around the world, IHRB (4th Feb, 2025)

6
Industrial fishing like bottom trawling has cheapened artisanal fishing communities all over
the world. Bottom trawlers log 90% of fish caught into 34 coastal countries, with most
operations taking place less than 12 miles from land. This has led to overcrowding, which
means resource depletion that undermines the livelihoods of indigenous fishermen.9

The decline of fish populations due to industrial overfishing has caused great socio-economic
consequences. For example, the moratorium in the Northern Cod fishery off Canada in 1992
put 35,000 fishermen and plant workers out of work in over 400 coastal communities-the
largest industrial closure in Canadian history.

These examples illustrate the urgent need for sustainable fishing practices.

https://www.ihrb.org/latest/caught-in-troubled-waters-climate-change-and-industrial-shipping-threaten-fishing-c
ommunities-around-the-world?utm
9
New report: Bottom trawling undermines world’s artisanal fishing communities and marine life, blue ventures
(4th Feb, 2025),
https://blueventures.org/new-report-bottom-trawling-undermines-worlds-artisanal-fishing-communities-and-mar
ine-life//

7
Fundamental rights of fishermen in India

India’s constitution guarantees certain fundamental rights to its citizens, including fisherman

are -:

1.​ Article 19(1)(g)10- :This article ensures the "right to practice any profession, or to

carry on any occupation, trade or business." For fishermen, this entails the freedom to

engage in their traditional occupation without undue restrictions.

2.​ Article 2111 -: This article protects the "right to life and personal liberty," including the

right to livelihood. The scope of Life under this article is extended to Right to

Livelihood. Honourable Supreme Court in landmark judgement of Olga Tellis v.

Bombay Municipal Corporation12 held that:

“We think that the right to life includes the right to live with basic human dignity and

all that goes along with it, namely the bare necessities of life such as adequate

nutrition, clothing and shelter over the head and facilities for reading, writing and

expressing oneself in diverse forms.”

Judicial Protection of Traditional Fishing Communities in India

In the case S. Jagannath V. Union of India13 The supreme court held that traditional fishing
communities have a fundamental right to their livelihood. The court recognized that the right
to livelihood is an integral part of the right to life guaranteed under article 21 of the Indian
Constitution. This judgement marked a significant milestone in the struggle for the rights of
traditional fishing communities.

10
Article 19, Constitution of India
11
Article 21, Constitution of India
12
Olga Tellis v. Bombay Municipal Corporation 1986 AIR 180(India)
13
Jagannath v. Union of India AIR 1997 SC 811

8
In case T. N. Godavarman Thirumulpad v. Union of India14. The Supreme Court
emphasized the need to protect the rights of traditional fishing communities and promote
sustainable fishing practices.The court stated the importance of conserving marine
biodiversity and ensuring the livelihood security of traditional fishing communities. This
judgment reinforced the importance of sustainable fishing practices and the need to balance
economic development with environmental and social concerns.

14
T.N. GODAVARMAN THIRUMULPAD v. UNION OF INDIA AND ORS. 2005 INSC 439

9
REVIEW OF LITERATURE

Many studies have highlighted the monopolization of marine resources by industrial fishing.

A study by Abigail Maher(2021), Yale University explores the ways in which small-scale
fishing communities in Kerala, India are affected by both industrialization and climate
change, how they respond to these challenges, and the spatial, political, and social context in
which these communities are situated.
A study on Vulnerability of Indian Coastal Fishing Communities(2022) by Monica Saini
and A.K. Kapoor briefly discusses the major socio-economic and health challenges affecting
coastal fishing communities of India.15
A research by Swati Padubidri on Livelihood condition of Marine Fishing Community in
India (2023) also highlights the state of marine fishing communities' livelihoods in India and
also concentrates on identifying the main obstacles to their livelihood.16

Industrial fishing is closely related to coastal land acquisitions for ports and tourism. Chopra
& Dasgupta (2021) discuss how traditional fishers are displaced due to large-scale coastal
development projects.

Janet Mary S. 's 2014 study article, “Reach, Access, and Utilization of Media Resources
by Women Related to Fishing in Cuddalore District of Tamil Nadu,” aids in our
comprehension of how women involved in fishing are covered17.

“Impact of mechanisation on fishing industry in kanyakumari district’’ David

Appathurai S. (2015) makes an effort to examine the effects of the fishing industry's
mechanization in Kanyakumari District. 18

The Hindustan Times, February 28, 2024, 07:34 AM IST, article India Calls on WTO to
Protect 9 Million Fishing Families' Livelihoods, India has reaffirmed its demand for

15
Saini, M., & Kapoor, A. K. (2022). Vulnerability of Indian Coastal Fishing Communities: Exploring Health and
Issues related to Livelihood. Indian Anthropologist, 52(1/2), 21–37. https://www.jstor.org/stable/27220593

16
Swati,Padubidri(2023).livelihood condition of Marine Fishing Community in India

17
Janet,Mary(2014).Reach, Access, and Utilization of Media Resources:Women Related to Fishing
https://shodhganga.inflibnet.ac.in/handle/10603/64118
18
David Appathurai ,S (2015). impact of mechanisation on fishing industry in kanyakumari district’
https://shodhganga.inflibnet.ac.in/handle/10603/113459

10
sovereign fishing rights within its Exclusive Economic Zones (EEZs) in accordance with
UNCLOS and the World Trade Organization, highlighting the importance of the industry
to India's economy and the challenges it faces.19

An Analysis on Traditional Fishing by Devaraj Asir Ramesh, Amali Infantina and Priya
P.(2024) states how the immigrated fisherman who use Advanced instruments, Gears and
Crafts in capture fisheries reduce fish stock population and distribution diversity. 20

19
India Calls on WTO to Protect 9 Million Fishing Families' LivelihoodsHindustan Times, February 28, 2024,
07:34 AM IST
https://www.hindustantimes.com/india-news/india-asks-wto-to-protect-rights-of-9-mn-fishermen-families-1017
09061824961.html

20
Devaraj Asir Ramesh, Amali Infantina & Priya P(2019) “Analysis of traditional fishing in Bhitarkanika”,
International journal of social sciences and management research India Calls on WTO to Protect 9 Million
Fishing Families' LivelihoodsHindustan Times, February 28, 2024, 07:34 AM IST

11
PROBLEM STATEMENT

The commercialization of fishing has led to significant socio-economic and environmental

challenges, including the loss of livelihoods for traditional fishing communities as access to
fishing grounds becomes increasingly restricted. This shift has contributed to environmental
degradation, exacerbating food insecurity and threatening sustainable fishing practices.
Additionally, marginalized communities often find themselves excluded from policy and
decision-making processes, further deepening their economic and social vulnerabilities. The
commercialization of fisheries has also disrupted cultural and social structures, eroding
traditional ways of life. Moreover, human rights violations and exploitative labor practices
have become prevalent, compounding the hardships faced by those who depend on fishing for
their survival.

Commercial Fishing led to loss of livelihoods

The expansion of large-scale commercial fishing operations has led to the depletion of fish
stocks, threatening the livelihoods of traditional fishing communities that rely on small-scale,
sustainable fishing practices. The lack of alternative income opportunities further exacerbates
their financial struggles.The Marine Fishing Regulation Acts (MFRA), enacted by various
coastal states, aim to balance traditional and commercial fishing, but weak enforcement often
leaves small-scale fishers vulnerable.

Commercialisation has restricted access to fishing grounds

Traditional fishing communities often face restrictions on access to their customary fishing
grounds due to government policies favoring commercial fishing, the establishment of marine
protected areas without their consultation, or encroachment by industrial trawlers.
Additionally, coastal development projects, including port expansion and tourism
infrastructure, further restrict their fishing areas.The National Policy on Marine Fisheries
(2017) promotes deep-sea fishing by mechanized vessels, often at the expense of artisanal
fishers. Additionally, infrastructure projects such as the Sagarmala Programme and the
expansion of coastal economic zones have displaced fishing communities and reduced their
access to fishing grounds

Environmental Degradation and Food Insecurity

12
Commercial fishing practices such as bottom trawling and overfishing contribute to marine
ecosystem destruction, reducing fish populations and disrupting the food chain. This directly
affects the food security of traditional fishing communities that depend on local fisheries for
sustenance.The Coastal Regulation Zone (CRZ) Notification (2011) seeks to protect coastal
ecosystems, but violations continue due to poor implementation.

Marginalization in Policy and Decision-Making

Traditional fishing communities are often excluded from fisheries management decisions,
with policies being designed to benefit commercial fishing corporations.Despite their crucial
role in India’s fisheries sector, traditional fishers are often excluded from policy discussions.
Government schemes and subsidies favor large-scale fisheries, while small-scale fishers
struggle with inadequate financial support, lack of access to credit, and insufficient
representation in decision-making bodies such as the National Fisheries Development Board
(NFDB).The Pradhan Mantri Matsya Sampada Yojana (PMMSY) provides subsidies and
development support, but its benefits are often inaccessible to traditional fishers due to
bureaucratic hurdles.Their representation is nominal in global COPs like UNFCC , UNCCD
and Biodiversity Conference.

Competition and Economic Displacement

The dominance of commercial fishing, supported by advanced technologies and large-scale
investments, creates unfair competition, driving traditional fishers out of business. The lack
of economic alternatives further exacerbates unemployment and social inequality in these
communities.While the Marine Fishing Regulation Acts (MFRA) designate fishing zones for
traditional fishers and mechanized boats, frequent encroachments by commercial trawlers
result in conflicts and loss of catch for small-scale fishers.

Cultural and Social Disruption

The erosion of traditional fishing practices due to commercial exploitation leads to the loss of
indigenous knowledge systems, cultural identity, and social structures. Younger generations
may abandon fishing altogether, leading to a decline in ancestral traditions.Fishing has been
an integral part of the cultural identity of communities such as the Koli fishers of
Maharashtra and the Mukkuvar fishers of Tamil Nadu. However, increasing
commercialization has led to the erosion of traditional knowledge systems, forcing younger

13
generations to migrate to urban areas in search of alternative livelihoods.While the Scheduled
Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006
provides some protection for inland fishers, there is no equivalent legal framework
safeguarding the rights of coastal fishers.

Human Rights Violations and Exploitation

Some commercial fishing operations engage in exploitative labor practices, including forced
labor and poor working conditions, further marginalizing traditional fishers who struggle to
maintain ethical and sustainable livelihoods.Many traditional fishers, particularly in states
like Andhra Pradesh and Odisha, are vulnerable to exploitative labor conditions.While the
Unorganized Workers’ Social Security Act (2008) aims to provide welfare measures, the lack
of proper implementation leaves many fishers without necessary protections.

14
RESEARCH METHODOLOGY
This research employs primary and secondary data to analyse the social, economic and
environmental impacts of industrial fishing on the livelihoods of the traditional fishing
communities. The methodology follows an objective research based approach to ensure
impartiality in analysing.
Data Collection
Secondary Data Sources
●​ Government reports and policies include NITI Ayog, Press Information Bureau, Food
and Agriculture Organization (FAO) and World Trade Organization (WTO).
●​ International Organisations include United Nations Framework Convention on
Climate Change(UNFCCC), United Nations Convention to Combat
Desertification(UNCCD) and World Health Organization(WHO).
Primary Data Source
Case studies documenting the consequences of industrial fishing practices on their rights and
livelihood.

Data Analysis
The study includes qualitative and quantitative methods to study data from the past 10-15
years to ensure findings reflect contemporary issues.

Ethical Considerations
Ethical considerations prioritize proper citation of all data sources to ensure all information is
used responsibly.

15
Major Policies

●​ National Marine Fishing Regulation Acts (MFRAs): State-level laws that regulate
fishing activities within their waters, covering gear, seasons, zones, and vessel
licensing.​

●​ National Policy on Marine Fisheries, 2017: Focuses on sustainable marine fisheries

management, protecting biodiversity, promoting responsible fishing, and improving
fishers' livelihoods.​

●​ Coastal Regulation Zone (CRZ) Notification, 2011: Regulates activities in coastal

areas to protect the fragile ecosystem, classifying zones and restricting development.​

●​ Pradhan Mantri Matsya Sampada Yojana (PMMSY), 2020: Aims to transform the
fisheries sector by boosting production, modernizing practices, and improving fisher
welfare.​

●​ National Fisheries Policy, 2015: Provides a framework for sustainable development

of the entire fisheries sector (marine, inland, aquaculture), focusing on production,
livelihoods, and food security.​

●​ Fisheries and Aquaculture Infrastructure Development Fund (FAIDF): Provides

funding for developing fisheries infrastructure like harbors, landing centers, and cold
storage.​

●​ Model Bill for Inland Fisheries and Aquaculture, 2016: A framework for inland
fisheries management, promoting sustainable practices and community participation.

The policies governing fisheries management and coastal resource protection focus on
balancing economic growth with environmental sustainability and the rights of traditional
fishing communities. They regulate fishing activities, ensuring resource conservation while
promoting the welfare of small-scale fishers.

16
FINDINGS
Traditional fishermen, who have relied on the sea for generations, are being sidelined by
commercial fishing giants that dominate the waters with advanced technology and vast
resources. Small-scale fishers struggle with basic equipment, while industrial trawlers capture
massive hauls in a single trip, widening the economic gap. This is not just about competition
but survival. For example, almost 55% of the ocean's surface is covered by industrial fishing,
which is four times larger than all of the land used for agriculture.21

Problems of Small Fishermen and traditional fishing Communities

The economic struggle for the traditional fishermen lies in relying on middlemen. Industrial
firms enjoy direct access to consumers and have financial security. Without bargaining power
or insurance, a single accident can devastate them, discouraging the younger generations.
Industrial fishing makes things worse by allowing overfishing, habitat destruction, and
pollution on a scale that the traditional fishers cannot match.
The unintentional capture of non-targeted species is known as bycatch.22Their isolation is
further reinforced by the pervasive misconception that these fishermen are "uncivilized" or
"unorganized."23 Traditional fishermen have to observe policies set by powerful industry
players in ways that widen their gap. Industrial overfishing depletes stocks for profit, while a
small fisher practicing sustainable methods struggles to sustain his family and community.

Competition from industrial fishing vessels

Commercial fishermen have the access to latest technology and abundant resources to exploit
the marine waters but the same is not available to the traditional communities. This leads to
their loss of livelihood and basic survival food violating Article 21.There is also overfishing,
where to earn profit the commercial fishermen catch the fishes at double the rate they can
replenish.There is also a significant threat to the cultural practices of these communities and
loss of the traditional techniques they use in fishing.
There is also the practice of illegal fishing where there is a lack of regulation leading to
mismanagement and at the end it's the traditional communities who suffer.

21
Shariq Mehmood Khan, International Journal of Fisheries and Aquatic Research, 9 IJFAR 27, 28-29 (2024).
22
Arif Satria. Ekologi Politik Nelayan. PT. LKis Printing Cemerlang, Yogyakarta. 2009. 411 p.
23
UNESCO. Convention for the Safeguarding of Intangible Cultural Heritage, 2003 (hereinafter UNESCO
Convention 2003) accessed 03 February 2025, available
http://www.unesco.org/culture/ich/index.php?lg=en&pg=00002

17
According to the data given by Marine Products Export Development Authority (MPEDA)
“The marine fish harvest mostly centers around coastal waters upto 100 m depth and about
90 % of the catch comes from upto 50 m depth”24
Overexploited fisheries and climate change push fish deeper into the sea, forcing small
fishers into international waters, resulting in arrest and confiscation of their boats.
For deep-sea fishing, equipment costs are beyond them; it's not just about catch size but
fairness, sustainability, and preserving traditional communities and marine health against
industrial overfishing. A centuries-old way of life that is closely linked to the sea is in danger
of disappearing if significant steps are not made to protect traditional fishermen, uphold just
laws, and give sustainable fishing top priority.25

24
TRADITIONAL FISHING & COMMERCIAL FISHING - MPEDA , Marine Products Export Development
Authority (MPEDA), https://mpeda.gov.in/?page_id=603
25
Bob Johannes. The need for a centre for the study of indigenous fishers’ knowledge. Wise Coastal Practices
for Sustainable Human Development Forum. 1 November 2001, accessed 03 February 2025, available
http://www.csiwisepractices.org/?read=388.

18
ANALYSIS

The rights of traditional fishing communities in India are increasingly threatened by the
growth and dominance of industrial fishing practices. This impact stems from broader
systemic issues, including socio-economic inequalities, environmental degradation, and the
marginalization of these communities.

1.​ Systemic Challenges Faced by Traditional Fishing Communities

○​ Economic Displacement: Industrial fishing through mechanized trawlers leads
to overfishing, depleting marine resources vital for traditional fishers'
livelihoods. This forces traditional communities into economic instability as
they struggle to compete with technologically advanced industrial operations.
○​ Restricted Access to Fishing Grounds: Policies like Marine Protected Areas
(MPAs) and exclusive fishing zones for industrial fleets restrict traditional
fishers' access to customary fishing areas.
○​ Environmental Degradation: Industrial methods such as bottom trawling and
large-scale net fishing cause significant damage to marine ecosystems, leading
to habitat destruction and biodiversity loss.
○​ Displacement of Traditional Knowledge: The dominance of industrial fishing
undermines sustainable, community-based practices passed down through
generations. This leads to the erosion of cultural identity and traditional
ecological knowledge.
○​ Legal and Policy Marginalization: Existing fisheries policies often favor
large-scale industrial operators, sidelining traditional fishers. Government
schemes like the Pradhan Mantri Matsya Sampada Yojana (PMMSY)
primarily benefit industrial ventures, leaving small-scale fishers with minimal
support.
○​ Labor Exploitation: Traditional fishers employed in industrial operations
frequently face poor working conditions, low wages, and a lack of labor
protections.

International Legal Frameworks and Policy Gaps

○​ United Nations Convention on the Law of the Sea (UNCLOS): While

emphasizing equitable resource sharing and the rights of coastal states, it lacks

19
 robust mechanisms to specifically protect traditional fishing communities from
the encroachment of industrial fishing operations.
○​ Voluntary Guidelines for Securing Sustainable Small-Scale Fisheries (FAO,
2014): These guidelines advocate for inclusive governance, sustainable
practices, and a human rights-based approach to fisheries management.
However, their implementation in India remains limited, with traditional
fishers often excluded from decision-making processes.
2.​ Socio-Economic and Cultural Impacts
○​ Declining Livelihoods: The depletion of fish stocks due to industrial
overfishing has led to reduced income and increased poverty among traditional
fishing households. Studies indicate that over 60% of these households live
below the poverty line.
○​ Youth Displacement: Economic instability and diminishing returns from
traditional fishing push younger generations toward alternative livelihoods,
leading to a loss of ancestral skills, cultural disconnection, and the gradual
disappearance of traditional fishing practices.
○​ Gender Inequality: Women, who play a vital role in post-harvest activities
such as fish processing and marketing, face job losses and economic insecurity
as industrialization reduces the demand for their traditional roles. This
exacerbates gender disparities within coastal communities.

20
CONCLUSION

The conflict between traditional and industrial fishing methods continues to influence the
socioeconomic and environmental landscape, and the global fishing industry is at a pivotal
juncture. Unquestionably, industrial fishing has boosted fish productivity and boosted
economic growth, but its negative impacts on traditional fishing communities and marine
ecosystems cannot be ignored. Overfishing, habitat degradation, and the eviction of
small-scale fishermen who have depended on sustainable methods for generations are all
results of the commercial fishing industry's explosive growth.
This study draws attention to the increasing disparities in the fishing sector, as traditional
fishermen are displaced by industrial operations supported by financial resources and
technological improvements. These people' livelihoods and cultural legacy are at danger due
to economic displacement, limited access to fishing areas, and unfair governmental
prejudices.
Furthermore, industrial fishing practices such as bottom trawling and the employment of
sophisticated gear have a major negative impact on the environment, lower fish populations,
and compromise food security, especially in poor countries. National and international legal
and policy frameworks have made an effort to address these issues, but enforcement is still
lacking. Large-scale commercial fishing still dominates the industry despite safeguards like
the National Marine Fisheries Policy, 2017 and numerous court rulings acknowledging the
rights of traditional fishermen.
The results of this study demonstrate the urgent need for a more balanced approach to
fisheries management, one that protects the rights and means of subsistence of traditional
fishermen while giving ecological conservation top priority.The fishing industry's future
ultimately rests on finding a balance between financial gain and environmental stewardship.
To guarantee that marine resources are sustainable for future generations, legislators,
conservationists, and fishing communities must work together. We may strive toward a more
sustainable and just fishing business that benefits all stakeholders by combining traditional
knowledge with contemporary conservation methods and enforcing strict laws against
destructive fishing practices.

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RECOMMENDATIONS
●​ The Human Rights commission should ensure the representation of fishing
communities when regulations are made regarding fishing rights in their native area.
Regular consultations should be carried out with traditional fishers in coastal policy
decisions, environmental clearances, and licensing of commercial fisheries.
●​ The National Human Rights Commision should consider ‘trespassing of commercial
trawlers’ into notified prohibited areas near the shore as ‘encroachment of rights of
traditional fisherman’ and issue notices to state forest departments for compliance of
the same.
●​ The operation of commercial fishing vessels in the breeding and nesting spots of
marine species protected under India’s Wildlife Protection Act, 1972 should be
banned.
●​ The Ministry of Fisheries, Animal Husbandry and Dairying should ensure that a set
number of production is achieved through traditional fishing methods in demarcated
fishing zones where motorized fishing vessels are not allowed..
●​ Since traditional fishing communities also inherit traditional knowledge of fishing
from their heirs , the Ministry of Culture should regard this as' intangible heritage’
and launch efforts for their preservation and ensure continuation.
●​ Coast Guard , Port Trusts and local authorities should ensure strict adherence of
boundaries with respect to labelled areas of traditional fishing communities and
ensure their fishing zones are not encroached.
●​ The Ministry of Environment , Forest & Climate Change along with State
governments should impose seasonal bans on commercial fishing to preserve local
and migratory fauna and only allow fishing by traditional methods.
●​ The Ministry of Commerce should develop exclusive marine areas where displaced
fishers receive preferential rights, combining eco-tourism, seaweed farming, and
marine energy to provide sustainable livelihoods and marine conservation.
●​ The Ministry of Cooperation should model that Traditional fishers gain equity stakes
and access to tech through joint ventures with industrial players ensuring sustainable
fishing, resource-sharing, and a community-led marine economy.
●​ The National Fisheries Development Board should develop fair trade markets and
cooperatives to help traditional fishers compete against large corporations.

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●​ NFDB should Conduct capacity-building programs to educate traditional fishers about
their rights and sustainable practices.
●​ A Centre of Excellence should be established under ICAR- Central Institute of
Fisheries Education, Mumbai to document traditional knowledge of Traditional
fishing communities and investigate their practices on the basis of scientific evidence.
●​ The Ministry of Tourism should explore creation of offbeat tourist circuits around the
lives of traditional fishermen , fostering evolution of income through secondary
sources for them. -+

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