Fish Farming Has To Be Organic: Madras High Court Says Village Pond Cannot Be Exploited For Fish Culture
Stressing on organic fish farming, the Court said that it will not permit villagers to abet pollution of a water body for raising funds for the local temple.
The Madras High Court, Madurai Bench has held that village ponds cannot be exploited through polluting fish culture, noting that degradation of water bodies violates Article 21 of the Constitution of India and the Water (Prevention and Control of Pollution) Act, 1974. Observing that “nature and culture do not always go together”, the Court held that fishery rights and local arrangements cannot justify pollution, and that sustainable use of common water resources imposes limits on their monetisation.
Stressing that “fish farming also has to be organic”, the Division Bench held that neither profit motives nor village efforts to raise funds for temple festivals can legitimise pollution of public water bodies. Invoking Vedic and Ramayana references alongside environmental principles echoed by Justice Abhay S. Oka, and Justice P.S. Narasimha, the Bench said preservation of water purity is both a constitutional duty and part of India’s civilizational ethos.
Justice G.R. Swaminathan and Justice B. Pugalendhi in a writ petition filed by party-in-person M. Raja alleging illegal fish culture and pollution in a village tank in Chinnakuravakudi, Madurai district, remarked, “…Governments, both State and Central, have introduced policies to promote fish farming. But nature and culture do not always go together. In culture, the element of human intervention is prominent. When productivity and profit become the driving motive, nature becomes the casualty…The constitutional provisions cast a duty both on the State and the citizens alike to ensure that water quality is not compromised. This means that there are limits to monetising the water resource. Just as there is organic farming, fish farming also has to be organic. This is not an elitist proposal…”.
“…When environment is degraded, the poor are the first to be hit. Unfortunately, this is not understood by the ordinary folk. Otherwise, the villagers of Chinnakuravakudi would not have permitted a private individual to exploit their village pond. The villagers thought that there is no other way to raise funds for the temple festival. The Bharatiya Dharma sees divinity in everything. A pond is also a manifestation of the divine. Maintaining it in its pristine and pure form is itself an act of worship”, it further noted.
M. Raja, petitioner appeared-in-person and G.V. Vairam Santhosh, Additional Government Pleader appeared for the respondent.
The petitioner sought intervention against fish culture activities allegedly undertaken by a private respondent in the water body.
In the matter, when authorities denied the allegations, the Bench ordered an independent field enquiry through a member of the Bar and caused water samples from the tank to be tested through a government laboratory, wherein the report confirmed heavy pollution.
During the hearing, the private respondent defended the activity as a village auction undertaken to generate funds, while also questioning the petitioner’s motives. The Court held such considerations immaterial to the issue of environmental degradation.
“Veda warns us not to pollute water. There is a hymn in Rig Veda which prays that the wind and the rivers should flow with sweetness. It means that they should be free of pollution. Under any circumstances water is not allowed to be polluted. Keeping water very pure is highly encouraged, and polluting water is severely viewed and regretted. Polluting water is also treated as a punishable crime. The punishment given by Lord Krishna to the venomous serpent Kaliya is worth mentioning in this context. Krishna, having subdued Kaliya on his heinous act of poisoning drinking water, said: Oh! Kaliya, you are now forgiven. But you should not stay here any more. Go back to the ocean and live with your kinsfolk. A river is meant for the use of human beings and their lives depend on the river and her water. It is not right on your part to poison it”, the Bench noted.
“…We are not saying anything new. We are only echoing the sentiments expressed by Mr. Justice Abhay S.Oka whose contribution to environmental jurisprudence is well known. We will not permit the villagers to abet pollution of a water body for the sake of raising funds for the local temple…Also, polluting drinking water is considered as a great sin. The words of Bharata, spoken before Kausalya the mother of Rama, are worth quoting. “Oh mother! If I really have any mal-intention of sending Rama to exile, I will definitely go to that hell a man goes on polluting drinking water…”, it further noted.
Allowing the writ petition, the Court directed immediate de-pollution of the tank and action against those responsible for illegal fish culture. It further ordered the Water Resources Department to issue a circular mandating regular inspections, water testing, and biannual certification of water bodies under departmental control, warning that breach of such directions could invite departmental proceedings.
Cause Title: M. Raja v. District Collector, Madurai & Ors., W.P.(MD) No. 9310 of 2026
Appearances:
Petitioner: M. Raja, Party-in-person.
Respondent: G.V. Vairam Santhosh Additional Government Pleader, .K. Gnanasekaran Government, G. Sakthi Rao, Advocate.