Abstract
Fish, a living creature of the ecosystem, critical for a healthy aquatic and marine ecosystem of biodiversity are sentient beings who can feel pain. Biologists, over years, based on substantial evidence, are of the view that fish do indeed experience pain just like birds and mammals. The principle of Sustainable development, evolving out of International Environmental Conferences of state parties, as a concept, being based on the mutual development of socio-economic and environmental aspects of biodiversity, it is therefore necessary to look into the state of a ‘fish’ in the context of ‘Right to Fish’ and ‘Right of Fish’. ‘Right to Fish’ can be understood in the light of socio-economic justice; interdependency of ‘socio-economic right to fish’ on the ‘socio-environmental right to fish’; whereas ‘Right of Fish’ can be taken into consideration from the underlying ‘vision’ of national legal frameworks in promoting sustainable fisheries, as well as in the light of sustainable fisheries being antithesis to sustainable consumption and biologically unsustainable fishing. The objective of the paper is to analyze the various contexts and thereby intend to facilitate a reason, based on just, fair and reasonable grounds for recognition of the legal right of fish, on par with other living creatures whose dignity has been protected in the context of being an animal under national legislations. For the purpose of assigning fish dignity under ‘Right to Life’ in accordance with Article 21 of the constitution, clarity of the term ‘animal’ through an interpretation based on social, scientific, economic as well as legal is necessary. The research paper is therefore a work on the various aspects as referred which are crucial for ascertaining the legal position of a life which has been designated as ‘stock’ to be harvested in tons.
The scope of the paper is global because it aims to understand the state of fish, in consideration of its utilization from a global perspective. Further the scope of the paper is progressive because it intends to provide a suggestion enhancing the dignity of fish without violating the mutually supportive principle of socio-economic and environmental development.
Keywords: Right to Fish, Right of Fish, Sustainable Consumption, Biologically unsustainable fishing, Sustainable Development Goals, Socio-economic justice, socio-environmental right.