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Ecologically sensitive zones (ESZ)

Context: The creation of ESZ has provoked protests in Kerala and some other regions.

What are Ecologically sensitive zones?

• As per the National Wildlife Action Plan (2002-2016)land within 10 km of the boundaries of national parks and wildlife sanctuaries is to be notified as eco-fragile zones or Eco-Sensitive Zones (ESZ).
• Areas beyond 10-km can also be notified by the Union government as ESZs, if they hold larger ecologically important “sensitive corridors.
• They are notified under the Environmental Protection Act 1986.

Why are Eco-Sensitive Zones created?

• ESZs are created as “shock absorbers” for the protected areas, to minimise the negative impact on the “fragile ecosystems” by certain human activities taking place nearby.
• These areas act as a transition zone from areas requiring higher protection to those requiring lesser protection.
• 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”.
• The activities prohibited in an ESZ are sawmills, commercial mining, commercial use of wood,felling of trees etc.
• Lastly, there are permitted activities like ongoing agricultural or horticultural practices, rainwater harvesting, organic farming, among others.
• Governments have notified 341 ESZs in twenty-nine States and five Union territories.
• The extent of ESZs from the boundary of a protected area ranges from 0 to as much as 45.82 km (in Pin Valley National Park, Himachal Pradesh). 15 have ESZs exceeding 10 km.

Protected areas and tribal issues

• Protected areas cover 5.26% of India’s land area as 108 national parks and 564 wildlife sanctuaries.
• Protected areas such as national Parks and wildlife sanctuaries are notified under the Wildlife (Protection) Act 1972.
• Protected areas do away with even those activities permitted in ‘reserve forests. Forest Rights Act (FRA) 2006 was introduced after the criticism related to ignorance of tribal rights.
• FRA gave recognition to the customary and traditional rights (both individual and collective) of forest-dwellers on forest land, including in protected areas.

FRA Implementation

• As of June 2022, only 64,873.70 sq. km — or 16% — has come under the FRA.
• The actual area is likely smaller as some areas have been counted multiple times for different rights.
• However, this has been achieved in only a decade and a half, compared to no improvements in the six decades before.
• This is attributed to the gram sabhas which took over the power to determine rights through open democratic process from government officials.
• These gram sabhas are now the statutory authorities empowered to protect, conserve and manage forests, wildlife and biodiversity lying within the traditional village boundaries.
• These areas under gram sabhas came under a new category of forests called ‘community forest resource’ (CFR).
• Gram sabhas have to integrate their CFR conservation and management plan into the ‘working plan’ of the Forest Department, with the required modifications.

What is the problem?

• The Significant parts of the ESZs in ten States which fall within the Scheduled Areas notified under the Fifth Schedule of the Constitution.
• Fifth Scheduled Areas cover over 11% of the country’s land area and are thickly forested and mountainous.
• They are majorly populated by Scheduled Tribe groups and are notified by the President under Article 244 where the Provisions of the Panchayat (Extension to Scheduled Areas) Act (PESA) 1996 apply.
• The PESA recognises habitation-level gram sabhas to be competent to safeguard and preserve community resources on forest and revenue lands in Scheduled Areas.
• However, the MoEFCC has shown no inclination to amend the Indian Forest Act 1927, the Wildlife (Protection) Act, 1972 and the Environment (Protection) Act 1986 to comply with the PESA and FRA.

What has led to the protests?

• On June 3, 2022, the Supreme Court gave new directions on ESZs.
  • First, the Court said that the MoEFCC guidelines are also to be implemented in the area proposed in the draft notification awaiting finalisation and within a 10-km radius of yet-to-be-proposed protected areas.
  • The Court also allowed State governments to increase or decrease the minimum width of ESZs.
  • Secondly, the Court vested the powers to ensure compliance with the guidelines with the Principal Chief Conservator of Forests (PCCF) and the Home Secretary of the State/UT.
  • The PCCF was tasked to make a list of all structures within the ESZs and report it to the Supreme Court within 2 months.
  • The Court also ordered that no new permanent structure could come up for any purpose within an ESZ.

• This effectively meant that all the activities permitted by the guidelines and which are already being carried out can continue only if the PCCF grants permission, and that too within six months of the court’s order.
• The Court’s directions have put the lives of many people in the hands of the PCCF — whose authority now extends beyond the forest to revenue lands falling within an ESZ. This has led to protests in Kerala.
• The new structures that are banned could include electric poles, buildings, walls, bridges and roads
• Millions of forest-dwellers living on forest land and on the outskirts of forests are the most affected.

The government and the judiciary need to reconsider laws, reaffirm democratic governance, and protect the environment and as well as livelihoods of the common masses.