Criminal Liability For Negligence In Transport Safety
1. Gahirmatha Marine Sanctuary, Odisha – Illegal Turtle Nesting Zone Fishing
Facts:
Gahirmatha is a marine sanctuary in Odisha, famous for Olive Ridley turtle nesting.
Fishermen were repeatedly found operating in the sanctuary during the breeding season despite clear bans.
In one notable incident, a group of 32 fishermen was caught using mechanized trawlers inside the sanctuary.
Legal Action:
Violations were prosecuted under the Wildlife Protection Act, 1972 (Sections 27, 29, 51) for fishing in a protected area.
Additionally, the Orissa Marine Fishing Regulation Act, 1982 was invoked for unauthorized fishing.
Outcome:
Fishermen were arrested, vessels and nets were seized.
Courts remanded the offenders, and in repeated cases, bail was denied.
The case reinforced enforcement of sanctuary boundaries and seasonal fishing bans.
Key Takeaway:
Violating protected zones can attract both wildlife and fisheries regulation penalties.
2. Nalabana Wildlife Sanctuary, Chilika Lake – Restricted Zone Fishing
Facts:
Nalabana, a part of Chilika Lake, is a bird and fish sanctuary.
Three fishermen were arrested for operating in restricted areas with mechanized boats and bamboo nets.
Legal Action:
Charges were filed under the Wildlife Protection Act, 1972, for unauthorized entry and fishing in a sanctuary.
Outcome:
Seizure of nets, boats, and fishing gear.
The arrested individuals were booked in two separate cases.
Key Takeaway:
Inland water sanctuaries are also protected, and fishing violations can lead to strict legal action.
3. Cross-Border Fishing – Indian Fishermen in Sri Lankan Waters
Facts:
Several fishermen from Tamil Nadu were arrested by the Sri Lankan Navy for fishing illegally in Sri Lankan territorial waters.
In one case, 12 fishermen faced fines of approximately ₹98 lakh.
Legal Action:
Violations were under Sri Lankan national law and international maritime boundary rules.
On the Indian side, the Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Act, 1981 could apply if Indian authorities were involved in coordination.
Outcome:
Fishermen faced hefty fines, seizure of vessels, and possible imprisonment.
Recurrent arrests highlighted the need for boundary awareness among fishermen.
Key Takeaway:
Cross-border fishing violations carry serious penalties and can involve international legal complexities.
4. Goa – Illegal Trawling in Coastal Zones
Facts:
Four Karnataka-registered trawlers were caught fishing in restricted zones off Goa.
The vessels used “bull trawling,” a destructive method banned in certain areas.
Legal Action:
Violations prosecuted under Goa Marine Fishing Regulation Act, 1980 and state fisheries rules.
Outcome:
Total fines imposed amounted to ₹13 lakh; gear and vessel details were recorded for enforcement.
Ten other vessels were fined for fishing in zones reserved for traditional fishermen.
Key Takeaway:
Enforcement covers not just zones, but also banned gear and traditional fisher rights.
5. Bhitarkanika National Park – River System Illegal Fishing
Facts:
Fishermen were caught fishing in restricted river systems within Bhitarkanika National Park.
Mechanized vessels and multiple nets were involved.
Legal Action:
Sections 27, 29, 35 of Wildlife Protection Act, 1972 were used.
The presence of mechanized boats in prohibited areas aggravated the violation.
Outcome:
Arrests made and vessels seized.
Court proceedings highlighted that riverine systems inside national parks are fully protected.
Key Takeaway:
Illegal fishing is not limited to marine areas; inland protected waters are equally enforceable.
6. Gahirmatha – Assault on Forest Guards During Fishing Enforcement
Facts:
Forest guards attempting to stop illegal fishing were assaulted by trawler crew.
The crew attacked patrolling staff and tried to escape, while fishing illegally in the sanctuary.
Legal Action:
Violations included illegal fishing (WPA) and assault on government officials.
Property damage and obstruction of law enforcement were also charged.
Outcome:
Nine fishermen arrested; stronger patrols instituted.
Showed that enforcement involves both protection of wildlife and officer safety.
Key Takeaway:
Illegal fishing can escalate into violent confrontation; prosecution often involves multiple charges.
Summary Table
| Case | Location/Type | Violation | Law Used | Outcome |
|---|---|---|---|---|
| 1 | Gahirmatha | Sanctuary fishing | WPA + OMFR Act | Arrests, vessel seizure |
| 2 | Nalabana | Restricted sanctuary fishing | WPA | Arrests, gear seized |
| 3 | Cross-border India-Sri Lanka | Unauthorized fishing in foreign waters | Maritime Zones Act + foreign law | Fines, vessel seizure |
| 4 | Goa | Illegal trawling, banned gear | Goa Marine Fishing Regulation Act | Fines, enforcement notice |
| 5 | Bhitarkanika | River system mechanized fishing | WPA | Arrests, vessel seizure |
| 6 | Gahirmatha | Assault on forest guards | WPA + criminal law | Arrests, enhanced enforcement |
These six cases collectively illustrate:
Enforcement in marine sanctuaries, inland protected waters, and cross-border zones.
Use of multiple laws: Wildlife Protection Act, Marine Fishing Regulations, Maritime Zones Act.
Varied enforcement outcomes: arrests, fines, seizures, judicial remand.
Protection of both ecosystems and law enforcement personnel.
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