Coastal Regulations in India

The purpose of coastal regulations in India is to preserve the coastal environment by regulating the use of land near the Indian coastline. Developmental activities along the Indian coast are governed by the provisions of the Coastal Regulation Zone (CRZ) Coastal areas in IndiaNotification 1991, under the Environment Protection Act 1986. This notification provides guidelines for protection and use of the land within 500 meters of the coast and 100 meters along the tidal influenced water bodies. The notification classifies India’s coastal stretch into CRZ-I (ecologically sensitive areas), CRZ-II (built up municipal areas), CRZ-III (rural areas) and CRZ –IV (the islands of Lakshadweep and Andaman & Nicobar); and has been amended 19 times.

The Ministry of Environment and Forests (MoEF) now proposes to replace the existing notification with a Coastal Management Zone (CMZ) Notification based on the recommendations of the Swaminathan Committee Report. Concerns have, however, been raised about this move on account of its impact on:  coastal communities and ecosystems, conservation and sustainable development. 

Proposed Coastal Regulations: Worrying Concerns

Here are some clauses in the proposed coastal regulations notification that received criticism:

  • The forest land along the country’s coastline, currently protected under the Forest Protection Act, will be thrown up for development. The move will lead to the development of resorts, hotels and mega housing projects, leading to the uprooting of fishermen.
  • Provision for the development of new ports which might be disastrous for India’s ecological balance.
  • The proposed regularization of violations, such as structures built on the seaward side of the existing roads and structures built contrary to CRZ definitions, if built or approved before 2008.
  • The negative impact on fisheries that will be a result of restricting the movement of fishermen in the inter habitation segments.
  • Indian fishermen have been using the fishing waters and the land to process their catch, repair their nets, or sell their products as common property resources. However, the new notification may lead to their being treated as encroachers and may lead to their displacement without any compensation.
  • It does not define activities to be prohibited in the coastal zones. Instead, it allows state governments to identify economically significant areas and allow industries to grow. Also, the notification is silent on the management of these zones.
  • It also allows the development of Greenfield airports in the coastal zones even if the area is ecologically fragile.

 

Final Legal Take Away Tip: These points need to be debated on and their impact on the conservation and preservation of Indian coastal areas must be studied in detail.
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