Opposition to inclusion of the areas around Statue of Unity under eco-sensitive zone. Eco sensitive Zones

Opposition to inclusion of the areas around Statue of Unity under eco-sensitive zone. Eco sensitive Zones

Subject: Environment

Context: Former BJP MLA Motilal Vasava has written to the sarpanches of 121 villages around the Statue of Unity in Narmada district, urging them to oppose the inclusion of the areas under eco-sensitive zone as per a 2016 notification of the Ministry of Environment, Forest and Climate Change (MoEFCC).

Under which power villages can oppose it?

• Gram Sabha has been bestowed rights to protect properties, jungles and other possessions as indigenous communities under Schedule V of the Constitution as well as the special PESA Act

Concept:

• Panchayats (Extension to Scheduled Areas) Act, 1996 or PESA, a law enacted by the Government of India for ensuring self-governance through traditional gram sabhas for people living in the Scheduled Areas of India as per Schedule V of the Constitution.
• The salient feature of the Panchayats (Extension to the Scheduled Areas) Act, 1996 (PESA) and the modalities worked out to grant rights to tribals in the country are:

(i) Legislation on Panchayats shall be in conformity with the customary law, social and religious practices and traditional management practices of community resources;

(ii) Habitation or a group of habitations or a hamlet or a group of hamlets comprising a community and managing its affairs in accordance with traditions and customs; and shall have a separate Gram Sabha.

(iii) Every Gram Sabha to safeguard and preserve the traditions and customs of people, their cultural identity, community resources and the customary mode of dispute resolution.

(iv) The Gram Sabhas have roles and responsibilities in approving all development works in the village, identify beneficiaries, issue certificates of utilization of funds; powers to control institutions and functionaries in all social sectors and local plans.

(v) Gram Sabhas or Panchayats at appropriate level shall also have powers to manage minor water bodies; power of mandatory consultation in matters of land acquisition; resettlement and rehabilitation and prospecting licenses/mining leases for minor minerals; power to prevent alienation of land and restore alienated land; regulate and restrict sale/consumption of liquor; manage village markets, control money lending to STs; and ownership of minor forest produce.

The provisions of Panchayats with certain modification and exceptions have been extended to the Schedule V areas viz. the ten States where the Panchayats exists in the country.

Eco Sensitive Zones:

• The basic aim of ESZ 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
• ESZs are notified by MoEFCC, Government of India under Environment Protection Act 1986.
• The guidelines include a broad list of activities that could be allowed, promoted, regulated or promoted. This is an important checklist for conservationists to keep in mind while identifying threats in ESZs.
• For this purpose, the ministry has asked all states to constitute a committee comprising the wildlife warden, an ecologist and a revenue department official of the area concerned to suggest the requirement of an eco-sensitive zone and its extent.
• The width of the ESZ and type of regulation may vary from protected area to area. However, as a general principle, the width of the ESZ could go up to 10 kms around the protected area.