SC modifies order on eco-sensitive zone around national parks, sanctuaries

SC modifies order on eco-sensitive zone around national parks, sanctuaries

Subject: Environment

Section: Biodiversity

Section:

Context:

• The Supreme Court Wednesday modified its 2022 order mandating a minimum 1-km eco-sensitive zone around national parks or wildlife sanctuaries, saying it would have prevented the government from building roads and other important infrastructure in those areas.
• With the June 3, 2022 order sparking concerns about human habitations falling within the proposed ESZs, the Centre had approached the court seeking modification of some of the directions.
• On Wednesday, a bench of Justices B R Gavai, Vikram Nath and Sanjay Karol said the 2022 order will not be applicable to ESZs in respect to which draft and final notifications have been issued by the Ministry of Environment, Forests and Climate Change, and where proposals for such notifications have been received by the ministry.
• It will also not be applicable where the national parks and sanctuaries are located on inter-state borders or share common boundaries.
• But it underlined that no mining would be allowed, either within national parks and sanctuaries or in a 1-km radius.

Why new order?

• As per the previous order t no permanent structure would be permitted to come up for whatsoever purpose in the aforesaid ESZs. Hundreds of villages are situated within the ESZs in the country. If no permanent construction is to be permitted for any purpose, a villager who is desirous to reconstruct his house would not be permitted. Similarly, if there is an extension in their family and some additional construction is required for accommodating the enlarged family, the same would also not be permitted. Similarly, if the Government decides to construct schools, dispensaries, anganwadis, village stores, water tanks and other basic structures for improvement of the life of the villagers, the same would also not be permitted. The effect of the order will be to prevent the State or the Central Government from constructing roads and provide other facilities to the villagers.
• MoEFCC provides financial assistance to the States under the Centrally Sponsored Scheme-Integrated Development of Wildlife Habitats, which includes assistance for eco-development activities. These activities often involve construction of small structures which are permanent in nature in areas including ESZs.”

Integrated Development of Wildlife Habitats’ (IDWH)

It is an on-going Centrally Sponsored Scheme which has been made operational by adding more components and activities to the erstwhile Centrally Sponsored Scheme – “Assistance for the Development of National Parks and Sanctuaries” during the 11th Plan Period. Under IDWH, the financial assistance is provided to State/UT Governments for protection and conservation of wildlife and its habitats in Protected Areas (PAs) as well as outside PAs and also for the recovery programmes of the critically endangered species.

Components of the scheme

1. Support to Protected Areas (National Parks, Wildlife Sanctuaries, Conservation Reserves and Community Reserves)
2. Protection of Wildlife Outside Protected Areas
3. Recovery programmes for saving critically endangered species and habitats

Recovery programmes for saving critically endangered species

• So far, 22 species have been identified under the recovery programme. These are the Snow Leopard, Bustard (including Floricans), Dolphin, Hangul, Nilgiri Tahr, Marine Turtles, Dugongs, Edible Nest Swiftlet, Asian Wild Buffalo, Nicobar Megapode, Manipur Brow-antlered Deer, Vultures, Malabar Civet, Indian Rhinoceros, Asiatic Lion, Swamp Deer, Jerdon’s Courser, the Northern River Terrapin, Clouded Leopard, Arabian Sea Humpback Whale, Red Panda and Caracal.

Eco-Sensitive Zones

• Eco-Sensitive Zones (ESZs) are also known as Ecologically Fragile Areas (EFAs).
• Eco-sensitive zones are areas notified by the MoEFCC around Protected Areas, National Parks and Wildlife Sanctuaries.
• The purpose of declaring ESZs is to create some kind of “shock absorbers” to the protected areas by regulating and managing the activities around such areas.
• As per the National Board for Wildlife NBWL, the delineation of eco-sensitive zones have to be site-specific, and the activities should be regulative in nature and not prohibitive unless required.
• The basic aim is to regulate certain activities around National Parks and Wildlife Sanctuaries to minimize the negative impacts of such activities on the fragile ecosystem encompassing the protected areas.
• They also act as a transition zone from areas of high protection to areas involving lesser protection.

Implementation of Ecologically sensitive zones (ESZs)

• According to the Wildlife Conservation Strategy of 2002 areas within 10 km of the boundaries of protected areas must be notified as ecologically fragile zones under Section 3(2)(v) of the Environment Protection Act 1986 and its Rules 5(viii) and (x).
• The MoEFCC was entrusted to undertake measures to protect the environment by regulating and prohibiting industries, operations and processes.
• However, Rule 5(1)(vi) had provisions for permitting environmentally compatible land-use in areas around protected areas.
• Further, the National Board for Wildlife (NBWL) in 2005 decided to define site-specific ESZs to regulate specific activities instead of a blanket ban on them. Thus, the MoEFCC directed the States and UTs to propose ESZs.
• As per the guidelines of the MoEFCC, in order to declare areas as ESZs, a committee consisting of the Wildlife Warden, an ecologist, and an official from the local government was to determine the extent of each ESZ.
• The Chief Wildlife Warden was entrusted with the task of preparing a list of those activities that are to be prohibited or restricted or that can be allowed with additional safeguards.
• Later, the State government must submit this list along with the geographical description, biodiversity values, the rights of local communities, their economic potential and implications for their livelihoods, as a proposal to the MoEFCC for notification.
• Further, the State government is mandated to come up with a draft Zonal Master Plan within two years of notification.