Recently, the Supreme Court issued a directive stipulating that every protected forest, national park and wildlife sanctuary across the country is required to have an eco-sensitive zone (ESZ) extending to a minimum of one km from their marked boundaries. This significant judgement came in response to a petition seeking protection for forest lands in Tamil Nadu’s Nilgiris district.
Key Highlights of the Judgment
In 2011, the Centre had proposed ESZs with a 10-kilometre boundary based on feedback from various states and UTs. The Supreme Court recognised the impracticality of a universal ESZ for all national parks and sanctuaries, acknowledging exceptions like Sanjay Gandhi National Park in Mumbai and Guindy National Park in Chennai that situate near metropolitan areas.
The Court confirmed that if current ESZs extend beyond the 1 km buffer zone or if a legislative instrument prescribes a larger limit, then such extended boundary will prevail. Furthermore, mining within national parks and wildlife sanctuaries has been prohibited. The judgement applies to states/UTs where the minimum ESZ hasn’t been prescribed.
The Supreme Court also governed that any dilution in the minimum width of ESZ must be under the pressure of overwhelming public interest. In such cases, the respective state or UT needs to approach the Court-appointed Central Empowered Committee (CEC) and Ministry of Environment Forest and Climate Change (MoEFCC). These bodies will issue opinions or recommendations prior to this Court passing an appropriate order.
Role of Principal Chief Conservator of Forests (PCCF)
The Court has mandated the PCCF of each state and UT to submit a three-month report detailing ongoing activities in every national park or wildlife sanctuary’s ESZ. The PCCF is tasked with preventing the establishment of new permanent structures within ESZs. Existing residents conducting any activity in these zones will need to reapply for permission from PCCF.
What are Eco-Sensitive Zones?
The National Wildlife Action Plan (2002-2016) issued guidelines for state governments to designate land within 10 km of national parks and wildlife sanctuaries as ESZs or eco-fragile zones under the Environmental (Protection) Act, 1986.
The essence of declaring ESZs around protected areas is to act as “shock absorbers,” providing a smooth transition from high-protection regions to those with lesser protection. Prohibited activities within ESZs include commercial mining, polluting industries, and major hydroelectric projects among others. Regulated activities consist of tree felling, construction of hotels and resorts, commercial use of natural water and road widening.
Significance of Eco-Sensitive Zones
ESZs are important to mitigate the impact of urbanization and other developmental activities on protected areas. Additionally, ESZs aid in in-situ conservation, which involves conserving endangered species in their natural habitat. It also minimizes forest depletion and man-animal conflict by implementing buffer management that benefits local communities.
Challenges to Eco-Sensitive Zones
ESZs face several challenges including interference from developmental activities such as dam construction, roads, urban infrastructures, and governance issues with existing environmental protection laws. The growth of eco-tourism has led to deforestation and displacement of local people, and the introduction of exotic species threatens natural forests. Climate change wreaks havoc with forest fires and floods, and pressures from local communities increase due to shifting cultivation and resource requirement.
Recommendations
To ensure sustainable development, states should act as trustees of natural resources for public benefit rather than facilitators of immediate economic activities. Forest regeneration, afforestation and reforestation, promoting carbon footprints, and propagating conservation techniques should be prioritized. Public awareness about resource overexploitation and its adverse impacts is also crucial for the long-term well-being of ESZs.
UPSC Civil Services Examination Question Related to Protected Areas
In a previous UPSC Civil Services Examination, a question was posed regarding which category of protected areas in India does not allow local people to collect and use the biomass. Among the choices – Biosphere Reserves, National Parks, Wetlands declared under Ramsar Convention, Wildlife Sanctuaries – the correct answer is National Parks. This is attributed to the higher protection level granted to national parks, where no human activity is permitted except under specific conditions.