State govt forms new committee to look into fisherfolk’s objections on draft compensation policy

This is the second committee to be formed pursuant to the August 2021 order of the Bombay High Court (HC), in response to a petition filed by the Mariaayi Machhimaar Sahakari Sanstha Maryadit

Mumbai: The Maharashtra government, via a general resolution dated March 22, constituted a committee to look into the grievances raised by fisherfolk organisations with respect to the Draft Fisherfolk Compensation Policy, released in November last year.

Despite clear instructions from the HC, the committee did not feature any members from the fishing community. Multiple fisherfolk groups have objected to this move, both before and after the publication of the draft policy. (Satish Bate/HT PHOTO)

This is the second committee to be formed pursuant to the August 2021 order of the Bombay High Court (HC), in response to a petition filed by the Mariaayi Machhimaar Sahakari Sanstha Maryadit – a registered fishworkers cooperative based in Vashi – on behalf of the fishing community from Vashi, Juhu, Koparkhairane, Ghansoli and Diva villages.

The petitioner had claimed compensation for the fishermen, contending that they were inhabitants of the Thane creek area and their customary right to fish in the creek was adversely affected by the construction of the third Thane Creek bridge (TCB-3), a proposed six-lane bridge on the Sion-Panvel highway which will connect Mumbai with the mainland at Navi Mumbai.

After the HC in August directed the state government to draft a policy to compensate fishers affected by development projects, the Maharashtra government in October comprised a committee to oversee the formulation of the document. Despite clear instructions from the HC, the committee did not feature any members from the fishing community. Multiple fisherfolk groups have objected to this move, both before and after the publication of the draft policy.

One of these is the Shri Ekvira Aai Pratishthan, a fisherfolk organisation based in Bhandup, which filed an interim application before the HC earlier this year. “The HC noted the submissions made by us and felt that there was a need to revisit the Draft Policy. In February, the HC directed that suggestions made by the public regarding the draft be forwarded to the fisheries department and to the state cabinet. Our main contention is that no fisherfolk were on the committee. A policy that is drawn without due representation is not valid,” said Nandakumar Pawar, founder, SEAP.

At the time, the court observed. “It would be desirable if the state cabinet, to whom the draft policy is sent for consideration, take into account this court’s detailed order from August 12, 2021, in all respects, when finalising any policy for compensation for affected fishermen.”

“Now the government has drawn up a new committee to look into the faults of the old one. However, once again, in total disregard of HC orders and our previous representations, no representative of the fisherfolk community has been included here too. Instead, parties like CIDCO and JNPT, whose destructive practices toward fisherfolk have been well documented in the 2013 NGT judgement in the case of Ramdas Janardhan Koli v. JNPT & Ors., have been given a place at the table,” Pawar added.

“We, therefore, once again reiterate our demand, that any Committee constituted for the purpose of formulating a policy for compensating fisherfolk within the State or for any other matter related thereto, must include the representatives of

fisherfolk communities and the representatives of JNPT, CIDCO and ONGC must be excluded from this Committee, as they have demonstrated in the past that they do not favour recognizing the rights of fishing communities,” Pawar wrote in a letter to the state commissioner of fisheries, Atul Patne, on March 28.

Patne did not respond to requests for comment on Monday.