Understanding Eco- Sensitive Zones

“The greatest threat to our planet is the belief that someone else will save it.”

-Robert Swan

About the Article

Nearly a third land on Earth is covered by the forests, which provide a vital organic framework for some of the planet’s impenetrable, most diverse collections of life. They support countless varieties of flora and fauna, including mankind. Yet we humans see them as an obstacle to life. On a day to day basis, millions of forests are being destroyed to satisfy the wants of humans. Hence in order to protect the forests and make the world a better place for the future many mechanisms were introduced. One of them is declaring Eco-Sensitive Zones. But unfortunately, many countries and states are unconscious about the importance of this mechanism and its benefits. As prescribed under Article 48-A and 51-A and of the Constitution of India, 1950, it is the duty of the author and every other individual to protect and safeguard the environment. In this article, the author will be concerned with Eco-Sensitive Zones hereinafter ESZ their importance and legal framework concerned to India.

INTRODUCTION

India is in the list of top 10 countries which have rich forest cover. It may be an achievement itself but due to past colonialism, many forests of the country have been destroyed for hunting its dense flora and fauna. This caused many varieties of species to become extinct, in the meanwhile when the nation got independence from its British Raj the issue related to upgrading, protecting and regulating the forests was a huge challenge to the Government of India. Consequently, at present, the country holds 802,088 square km of total forest and tree cover, which is 24.39 per cent of the geographical area of the country. India presently manages a network of 700 protected areas including 103 National Parks, 528 Wildlife Sanctuaries and 4 community reserves. 

This statistics is based on satellite data analysis, conducted by the Forest Survey of India and released by the Ministry of Environment, Forest and Climate Change (MoEFCC). This was able to be achieved due to the several directions given by Hon’ble the Supreme Court of India in many landmark judgements. Even though according to the latest reports of Environmental Justice Atlas, India tops the list in the matter of the number of conflicts related to Environmental Issues. To overcome the issue, declaring or notifying forests wasn’t enough, instead, there was a need for scientific mechanisms to protect the core area of forests. Thus the mechanism of declaring an Eco-sensitive zone was introduced but its absolute implementation was put to delay until the intervention of the Apex court in the case of Goa Foundation v. Union of India SC 2006.

VEDIC PERIOD

The concept of protecting and regulating forests and environment was introduced during Vedic period even before the introduction to the modern world. In fact, the modern world follows the concept of the Vedic period. It is evident in following Veda’s.

Rig Veda

A verse in this signifies the importance of planting trees, which says, “Thousands and hundreds of years if you want to enjoy the fruits and happiness of life, then take up systematic planting of trees.”

Sama Veda

Recognizes the importance of maintaining season cycles that are likely to get altered due to climate change, which we are facing now.

Yajur Veda

“Do not harm the environment; do not harm the water and the flora; earth is my mother, I am her son; may the water remain fresh, do not harm the waters.” 

Atharva Veda

The concept of sustainable development was recognized in this Veda. Says “one can take from the earth and atmosphere only so much as one would give back to them.”

ECO- SENSITIVE ZONES (ESZs)

Eco-Sensitive Zones (ESZs) or Eco – Fragile Zones (EFZs) are areas within 10 km around Protected Areas, National Parks and Wildlife Sanctuaries. Notified by the Ministry of Environment, Forests and Climate Change  (MoEFCC), Government of India. The purpose is to create some kind of “shock absorbers” to the protected areas by regulating and managing the activities in such areas. They also act as transition zones from areas of high protection to areas involving lesser protection. In 1993 

In Dahanu Taluka District Thane, Maharashtra the ecologically sensitive zones were declared in 1991, this was the first major development. Restrictions were imposed on setting up industries in the whole region as it was declared as an Ecologically fragile zones. Several areas were accordingly notified and activities were regulated in the realisation of the goals of Agenda 21 of the United Nations.

EVOLUTION

The Ministry of Environment, Forests and Climate change (MoEFCC) set up a committee to look into the aspects of system definition and parameters of protected areas under Dr Pronab Sen which submitted the report in the year 2000. The committee defined a fragile area as the one with the possibility of permanent and irreparable loss of the biodiversity and pronounced damage to the natural processes of evolution, the speciation and enlisted a detailed primary and auxiliary criteria for the naming of the ecologically sensitive zones. The reports’ recommendations were accepted by the Government of India but the recommendations do not address the ESZs which would act as a shock absorber around the protected area. 

Meantime many proposals were received from different states of the country regarding declare an area as ESZ. Due to lack of a set format, the MoEFCC set up a committee under Chairmanship of Dr H. Y. Mohan Ram. Unfortunately, the committee is not active since 2006 neither has its report made to the public domain. In 2002, a Wildlife conservation strategy was adopted which declared the land within the range of 10 Kms of Protected Areas should be declared as ESZs. However, this was opposed by the States claiming that this would lead to disturbance in the development as many ESZs fell under human habitation. 

In 2005, the report was again reconsidered and decided that the activities will be regulated instead of prohibiting and the same was communicated to the States and were asked to submit the proposals. Only some proposals were submitted and many states were not ready to submit the same. Meanwhile, a PIL was filed in the Supreme Court of India named Goa Foundation v. Union of India. The Hon’ble Supreme asked the MoEFCC to give a final opportunity to states to send their proposals and granted time of four weeks. However, most of the states failed again to comply with the instructions. In the case Sri Anand Arya and Anr. vs Union of India, involving a park at Noida near Okhla Bird Sanctuary the Hon’ble Supreme Court noted in its judgment that the Govt. of Uttar Pradesh had not declared ESZ due to lack of specific guidelines from the Union of India in this matter. This led the Govt. of India to declare specific guidelines in this regard on 9th February 2011

Freedom of Press: A Guaranteed Right?

Thus the Central Government through the Ministry of Environment, Forests and Climate change (MoEFCC) regulated the ESZs. The statutory backing is provided by The Environment Protection Act, 1986 even though it does not mention the “Eco-Sensitive Zone” Section 3(2)(v) of the Act provides the power to the Central Government to restrict and regulate certain activities in certain areas. Besides Section 5(1) of Environmental (Protection) Rules, 1986 also provides statutory backing. The mentioned sections have been effectively used by the Central Government to declare ESZs or EFAs from time to time. 

INTERNATIONAL CONVENTIONS

The introduction of ESZs was also forced due to many Multilateral Environmental Agreements existing at the International level of which India is a signatory to many. 

India is member of following international conventions, treaties and institutions:

• Convention on International Trade in Endangered Species of Wild Flora and Fauna.
• International Union for Conservation of Nature and Natural Resources.
• The United Nations Educational, Scientific and Cultural Organisation.
• United Nations Forum on Forestry.
• Asia Pacific Forestry Commission.
• Stockholm declaration, 1972.
• Ramsar Convention., etc.,

IMPORTANCE

• Minimizes the direct impact on Protected Areas.
• Perform as a “shock absorbers” to the Protected Areas.
• Also, act as a transition zone to areas of high protection to areas of lesser protection.
• Helps in conserving endangered species and a vast variety of flora and fauna.
• Reduces the man-animal conflicts.

“Look deep into nature, and then you will understand everything better.”

-Albert Einstein

IMPLEMENTATION

After consistent and untiring efforts by many, the Ministry declared 29 ESZs around forests and sanctuaries spread across 10 States which include the State of Jammu & Kashmir. This was declared in Lok Sabha by the Union Environment Minister Prakash Javadekar. Also said, “The conservation and sustainable development of ESZ is achieved through preparation of zonal master plans for them on a scientific basis with adequate participation of the local communities and line departments of the state government”.Even then the rest of States are yet to submit their proposals in this regard. In the latest, the State of Maharashtra declared 29.53 sq.km area as ESZs.

CONCLUSION

The notification of the areas might have finally brought some relief and a step forward in protecting and conserving forests. But this effort is not enough to make the world a better place for the future generation as many natural resources are depleting at a faster rate than the rate of conservation and protection. To make the said technique more efficient a vigilant implementation of the law should be made by the three organs of the Government (i.e. legislative, judiciary and executive). The law-making body should move a step forward in drafting stringent laws while implementing a sustainable development method. Many people are unaware of the importance of forests and techniques in conserving and protecting them. Hence, awareness about the same should be created at the grass-root level.   

“Earth provides enough to satisfy every man’s needs, but not every man’s greed.

Mahatma Gandhi       

References

1. Constitution of India, 1950. Commercials Bare Act.
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3. http://www.wiienvis.nic.in/Database/Protected_Area_854.aspx
4. http://www.wiienvis.nic.in/Database/Protected_Area_854.aspx
5. West P, Igoe J, Brockington D. Parks and peoples: the social impact of protected areas. Annu. Rev. Anthropol.,2006; 35, 251-277 
6. Manupatra legal research website. 
7. Rig Veda, 6:48:17
8. Sekhar M, Sahu G. Community-Based Environmental Governance and Local Justice. Global Civil Society 2011: Globality and the Absence of Justice. 2016, 108. 
9. Sen Pronab. Report of the Committee on Identifying Parameters for Designating Ecologically Sensitive Areas
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12. Kapoor M, Kohli K, Menon M. India’s notified ecologically sensitive areas (ESAs): the story so far.
13. http://www.moef.nic.in/downloads/publicinformation/nine/Annexure%202a.pdf
14. SC 2006
15. 14 (2011)1SCC744
16. Ministry of Environment, Forest and Climate Change Government of India. Retrieved June 5, 2017, (February 9). 2011.From http://www.moef.gov.in/sites/default/files/1%20Guidelines%20for%20EcoSensitive%20Zones%20around%20Protected%20Areas.pdf
17. http://ifs.nic.in/Dynamic/book/page8.pdf
18. International Treaties. 
19. https://economictimes.indiatimes.com/news/politics-and-nation/29-eco-sensitive-zones-notified-in-country-government/articleshow/47164401.cms
20. https://www.hindustantimes.com/cities/maharashtra-government-declares-29-53-sq-km-area-in-konkan-a-conservation-reserve/story-OpmsdlK6dyR55at5JBntCL.html

BY- Md Arshadullah Sheriiff | Crescent School of Law