Eco-sensitive zone of 1 km around forests: Supreme Court Judgement

Eco-sensitive zone of 1 km around forests:
Supreme Court Judgement

Q. Why in News/Context -

·     The Supreme Court has directed that every protected forest, national park and wildlife sanctuary across the country should have a mandatory eco-sensitive zone (ESZ) of a minimum one km starting from their demarcated boundaries.

·     The judgment came on a petition instituted for the protection of forest lands in the Nilgiris district of Tamil Nadu. Subsequently, the scope of that writ petition was enlarged by the court so as to protect such natural resources throughout the country.

·       The court directed that “mining within the national parks and wildlife sanctuaries shall not be permitted”.

·   It held the Principal Chief Conservator of Forests and Home Secretaries of States responsible for the compliance of the judgment.

·       The Principal Chief Conservator for each State and the Union Territory has also been directed to make a list of subsisting structures within the ESZs and submit reports to the apex court in three months.

Q. What are Eco-Sensitive Zones?

·      The 2002 Wildlife Conservation Strategy envisaged lands within 10 km of the boundaries of national parks and wildlife sanctuaries to be notified as ecologically fragile zones under Section 3(2)(v) of the Environment Protection Act 1986 and its Rules 5(viii) and (x). The MoEFCC was to take steps to protect the environment by regulating and (if required) prohibiting industries, operations and processes.

·      The National Wildlife Action Plan (2002-2016) also endorsed this view. In 2005, the National Board for Wildlife decided to delineate site-specific ESZs to regulate specific activities instead of prohibiting them. So on May 27, 2005, the MoEFCC asked the States and UTs to propose ESZs.

·      While the 10-km rule is implemented as a general principle, the extent of its application can vary. Areas beyond 10-km can also be notified by the Union government as ESZs, if they hold larger ecologically important “sensitive corridors.”

Q. Why are Eco-Sensitive Zones created?

·     According to the guidelines issued by the Environment Ministry on February 9, 2011, ESZs are created as “shock absorbers” for the protected areas, to minimize the negative impact on the “fragile ecosystems” by certain human activities taking place nearby. Furthermore, these areas are meant to act as a transition zone from areas requiring higher protection to those requiring lesser protection.

·    The guidelines also state that the ESZs are not meant to hamper the daily activities of people living in the vicinity, but are meant to guard the protected areas and “refine the environment around them”.

·       To do so, the guidelines list the activities prohibited, regulated and  permitted in an ESZ:

Prohibited:

Ø   Commercial mining – Regulation will not prohibit the digging of earth for construction for repair of houses and for manufacture of country tiles or bricks for housing for personal consumption

Ø  Setting of saw mills

Ø  Setting of industries causing pollution (water, air, soil, noise etc)

Ø  Commercial use of firewood – For hotels and other business related establishments

Ø  Establishment of major hydroelectric projects

Ø  Use or production of any hazardous substances

Ø  Undertaking activities related to tourism like over-flying the National Park area by any aircraft, hot-air balloons

Ø  Discharge of effluent and solid waste in natural water bodies or terrestrial area

Regulated:

Ø  Felling of trees – With permission from appropriate authority

Ø  Establishment of hotels – As per approved master plan, which takes care of habitats allowing no restriction on movement of wild animals

Ø  Drastic change of agriculture systems

Ø  Commercial use of natural water resources including ground water harvesting – As per approved master plan, which takes care of habitats allowing no restriction on movement of wild animals

Ø  Erection of electrical cables – Promote underground cabling

Ø  Fencing of premises of hotels and lodges

Ø  Use of polythene bags by shopkeepers

Ø  Widening of roads – This should be done with proper EIA and mitigation measures

Ø  Movement of vehicular traffic at night – For commercial purpose

Ø  Introduction of exotic species

Ø  Protection of hill slopes and river banks – As per the master plan

Ø  Air and vehicular pollution

Ø  Sign boards & hoardings

Permitted:

Ø  Ongoing agriculture and horticulture practices by local communities – However, excessive expansion of some of these activities should be regulated as per the master plan

Ø  Rain water harvesting – Should be actively promoted

Ø  Organic farming – Should be actively promoted

Ø  Use of renewable energy sources – Should be actively promoted

Ø  Adoption of green technology for all activities – Should be actively promoted

·         Some notable eco-sensitive zones in India include:

Ø  Western Ghats: Several parts of the Western Ghats have been designated as eco-sensitive zones to safeguard the fragile ecosystems and the various endemic species found there.

Ø  Himalayan Region: Parts of the Himalayan states, such as Uttarakhand, Himachal Pradesh, Sikkim, and Arunachal Pradesh, have been identified as eco-sensitive zones due to their rich biodiversity and ecological importance.

Ø  Sundarbans: The Sundarbans mangrove forest, shared by India and Bangladesh, is recognized as a UNESCO World Heritage Site. It is home to the Bengal tiger and many other species. Certain areas surrounding the Sundarbans have been declared eco-sensitive zones to protect this unique ecosystem.

Ø  Andaman and Nicobar Islands: Some areas in the Andaman and Nicobar Islands have been designated as eco-sensitive zones to safeguard their pristine environment and unique flora and fauna.

Ø  Protected Areas: Many national parks, wildlife sanctuaries, and biodiversity hotspots across India have eco-sensitive zones established around them to protect wildlife corridors and maintain the ecological balance.