Supreme Court Modifies Order on ESZ

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

Earlier Supreme Court Judgement on ESZ

Previous Judgement

• The SC ordered ESZ of a minimum of one kilometre around protected forests, national parks, and wildlife sanctuaries should be declared across the country in June 2022.
• The court was of the view 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.
• In addition, 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 the Previous Order

• The June 2022 order of the Supreme Court affected hundreds of villages located in the peripheries of forests. ESZs cannot be uniform across the country. They have to be decided on a case-by-case basis.
• Certain factors such as geographical features, population density, land use patterns, and other unique characteristics of each protected area need to be taken into account.
• The order would hamper the developmental activities and livelihoods of the people living in the ESZs in addition to the conservation efforts of the forest departments.

Supreme Court’s 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 objective of declaring ESZs should not be to create hindrances in the day-to-day activities of the citizens but to safeguard the environment and wildlife.
• The strict observance of the June 2022 order would cause more harm than good because 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 ought to notify ESZs according to their own proposals or as per recommendations of expert committees within six months.
• However, mining within the national parks/wildlife sanctuaries and within an area of 1 km from their boundary shall not be permissible.

Eco-Sensitive Zones

Governing Statute:

• The National Wildlife Action Plan (2002-2016) of the MoEFCC stipulated that state governments ought to declare land falling within the ambit of 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     

• 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 connected with ESZ

• Climate change is causing land, water, and ecological stress on ESZs

• Impact on the lives and livelihoods of forest communities due to the dilution of forest rights

Way Forward

Tailoring ESZs to Specific Protected Areas

• The modified order of the Supreme Court recognizes 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 should be 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 engage all stakeholders, including local communities, forest departments, environmentalists, and experts, in the process of deciding the ESZs.

• It will ensure that the concerns and suggestions of all parties and stakeholders are considered and addressed in the final decision.

Balancing Conservation and Development

• The modified order lays emphasis on the purpose of declaring ESZs should not be to hamper the day-to-day activities of the citizens but to protect the environment and wildlife.

• Furthermore, the Centre and the States should strike a balance between the conservation goals and the developmental needs of the people living in the peripheries.

• It 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.

• Attention should be paid 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.

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