ECO­-SENSITIVE ZONE (ESZ)

Copyright infringement not intended

Context: Farmers in Kerala continue to protest across several high ranges of the state against the Supreme Court’s recent order to establish 1-km Eco-Sensitive Zones around all protected areas, wildlife sanctuaries and national parks.

More on the news:

• The widespread unrest, which has hit districts like Idukki, Kottayam, Pathanamthitta and Wayanad, is borne out of the fear of farmers losing their livelihood, and has found support from the state government, opposition parties and the Catholic Church.
• On June 18, almost two weeks after the court order, the Union government said that it will hold discussions with the Kerala government and file an affidavit in the Supreme Court on the matter.

What is the recent SC judgment that has caused an uproar in Kerala?

• The Supreme Court 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.
• Environment Ministry guidelines show that the purpose of declaring ESZs around national parks, forests and sanctuaries is to create some kind of a “shock absorber” for the protected areas.
• These zones would act as a transition zone from areas of high protection to those involving lesser protection.
• A three-judge Bench highlighted how the nation’s natural resources have been for years ravaged by mining and other activities.
• The judgment observed that the government should not confine its role to that of a “facilitator” of economic activities for the “immediate upliftment of the fortunes of the State”.
• The State also has to act as a trustee for the benefit of the general public in relation to the natural resources so that sustainable development could be achieved in the long term.
• In a series of directions, the court held that in case any national park or protected forest already has a buffer zone extending beyond one km, that would prevail.
• In case the question of the extent of buffer zone was pending a statutory decision, then the court’s direction to maintain the one-km safety zone would be applicable until a final decision is arrived at under the law.
• 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.

Eco-Sensitive Zones (ESZs)?

• Eco-Sensitive Zones or Ecologically Fragile Areas are areas within 10 kms around Protected Areas, National Parks and Wildlife Sanctuaries.
• ESZs are notified by MoEFCC, Government of India under Environment Protection Act 1986.
• In case of places with sensitive corridors, connectivity and ecologically important patches, crucial for landscape linkage, even area beyond 10 km width can also be included in the eco-sensitive zone.
• The basic aim is to regulate certain activities around National Parks and Wildlife Sanctuaries so as to minimise the negative impacts of such activities on the fragile ecosystem encompassing the protected areas.
• Prohibited activities: Commercial mining, saw mills, industries causing pollution (air, water, soil, noise etc), establishment of major hydroelectric projects (HEP), commercial use of wood, Tourism activities like hot-air balloons over the National Park, discharge of effluents or any solid waste or production of hazardous substances.
• Regulated activities: Felling of trees, establishment of hotels and resorts, commercial use of natural water, erection of electrical cables, drastic change of agriculture system, e.g. adoption of heavy technology, pesticides etc, widening of roads.
• Permitted activities: Ongoing agricultural or horticultural practices, rainwater harvesting, organic farming, use of renewable energy sources, adoption of green technology for all activities.

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 in an ESZ, such as commercial mining, saw mills, commercial use of wood, etc., apart from regulated activities like felling of trees. Lastly, there are permitted activities like ongoing agricultural or horticultural practices, rainwater harvesting, organic farming, among others.

https://indianexpress.com/article/explained/eco-sensitive-zones-supreme-court-verdict-kerala-protests-7988081/