Supreme Court Modifies Order on ESZ

• 28 Apr 2023

For Prelims: Eco-sensitive Zones, National Wildlife Action Plan (2002-2016).

For Mains: Activities Around ESZs, Significance of ESZs, Challenges Associated with ESZs.

Why in News?

The Supreme Court modified its previous judgment regarding Eco-Sensitive Zones (ESZ) around protected forests, stating that ESZs cannot be uniform across the entire country, and instead need to be tailored to the specific protected area.

What was the Earlier SC Judgement on ESZ?

• Previous Judgement:
  • In June 2022, the SC ordered that ESZs of a minimum of one kilometer should be declared around protected forests, national parks, and wildlife sanctuaries across the country.
    • The court had said that ESZs would act as a "shock absorber" for the protected areas and prevent encroachment, illegal mining, construction, and other activities that could harm the environment and wildlife.
    • The court had also directed the Centre and the States to notify the ESZs within 6 months and file compliance reports.
• Arguments by Centre and States for Challenging it:
  • The June 2022 order affected hundreds of villages in the peripheries of forests. ESZs cannot be uniform across the country and have to be decided on a case-by-case basis.
    • Geographical features, population density, land use patterns, and other factors of each protected area need to be taken into account.
  • The order would hamper the development activities and livelihoods of the people living in the ESZs, as well as the conservation efforts of the forest departments.

What did the SC say in its Modified Order?

• The bench led by Justice B.R. Gavai agreed with the submissions of the Centre and the States and modified its previous order by saying that:
  • The purpose of declaring ESZs is not to hamper the day-to-day activities of the citizens but to protect the environment and wildlife.
  • A stringent observance of the June 2022 order would cause more harm than good, as it would increase man-animal conflict, prevent basic amenities and infrastructure for the villagers, and hinder eco-development activities around protected areas.
  • The Centre and the States should notify ESZs as per their own proposals or as per recommendations of expert committees within 6 months.
    • However, mining within the national parks/wildlife sanctuaries and within an area of 1 km from their boundary shall not be permissible.

What are Eco-Sensitive Zones?

• Governing Statute:
  • The National Wildlife Action Plan (2002-2016) of the MoEFCC stipulated that state governments should declare land falling within 10 km of the boundaries of national parks and wildlife sanctuaries as eco-fragile zones or Eco-Sensitive Zones (ESZs) under the Environmental (Protection) Act, 1986.
• Extent:
  • 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”.
• Prohibited Activities within ESZs Include:
  • Commercial mining
  • Sawmills
  • Industries causing pollution
  • Major hydroelectric projects
  • Commercial use of wood
• Permitted Activities:
  • Agricultural or horticultural practices
  • Rainwater harvesting
  • Organic farming
  • Use of renewable energy sources
  • Adoption of green technology
• Significance:
  • ESZs help in in-situ conservation
  • Minimize forest depletion and man-animal conflict
  • Minimize the negative impact on fragile ecosystems
• Challenges Associated with ESZ:
  • Climate change causing land, water, and ecological stress on ESZs
  • Impact on the lives and livelihoods of forest communities due to forest rights dilution

Way Forward

• Tailoring ESZs to Specific Protected Areas:
  • The modified order of SC acknowledges that ESZs cannot be uniform across the country and need to be decided on a case-by-case basis.
  • This approach can ensure that ESZs are tailored to the specific needs and vulnerabilities of each protected area and minimize any adverse impacts on the people living in the peripheries.
• Consultation with Stakeholders:
  • The Centre and the States should involve all stakeholders, including local communities, forest departments, environmentalists, and experts, in the process of deciding the ESZs.
    • This can ensure that the concerns and suggestions of all parties are considered and addressed in the final decision.
• Balancing Conservation and Development:
  • The modified order emphasizes that the purpose of declaring ESZs is not to hamper the day-to-day activities of the citizens but to protect the environment and wildlife.
    • The Centre and the States should, therefore, strike a balance between the conservation goals and the developmental needs of the people living in the peripheries.
    • This can be achieved by promoting eco-tourism, sustainable livelihoods, and green infrastructure in the ESZs.
• Monitoring and Enforcement:
  • The modified order directs the Centre and the States to notify ESZs within six months and file compliance reports.
  • It is important to ensure that the ESZs are monitored and enforced effectively to prevent any illegal activities, encroachments, or violations.
    • This can be done through regular inspections, surveillance, and penalties for violators.

UPSC Civil Services Examination, Previous Year Question:

Q. In which one among the following categories of protected areas in India are local people not allowed to collect and use the biomass? (2012)

(a) Biosphere Reserves
(b) National Parks
(c) Wetlands declared under Ramsar Convention
(d) Wildlife Sanctuaries

Ans: (b)

Source: TH