JUDGMENT

R. M. SAHAI, J.:—Fishing and its export is a flourshing trade in the State of Kerala. Its rare varieties of shrimps, lobsters, cuttle fish and squid etc, are exported on large scale. The persons involved in it are fishermen, the agents who purchase from fishermen or those who deshell or clean and cut the fish and exporters or those who carry on business of buying and selling fish, or processing fish for export or are commission agents and brokers or non- residents. The condition of fishermen of whom 90% are traditional fishermen is miserable. Their pathetic condition was described in a report published by the Fisheries Department in 1980 thus,

"They are all traditionally downtrodden and illiterate and hence subjected to indebtedness and hardships as well as exploitation by middlemen. It is a painful fact that, through the implementation of various plan schemes for past 30 years no substantial changes have been brought about in improving their living conditions."

In a study carried on by the State in 1987 it was found that the per capita income of fishermen was not even half of normal per capita income of ordinary person in the State. Therefore, the State enacted The Kerala