The conflict behind eco-sensitive zones

Contact Counsellor

Last Updated20/01/2023

Ecologically sensitive zones (ESZ) are intended to safeguard ‘protected areas’ by transitioning from an area of lower protection to an area of higher protection.
However, the creation of these zones has provoked protests in Kerala and some other regions, in a precursor to what is likely to emerge in other parts of the country.

They cover 5.26% of India’s land area as 108 national parks and 564 wildlife sanctuaries.
They are notified under the Wildlife (Protection) Act 1972.
Protected areas do away with even those activities permitted in ‘reserve forests’.
The rights of forest-dependent communities — those residing on and/or accessing forest land — are extinguished, unless specifically allowed.
FRA recognises the customary and traditional rights (both individual and collective) of forest-dwellers on forest land, including in protected areas.

By bringing in the FRA, lawmakers were trying to undo a historic injustice done to the forest dwelling community of India.
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.
These areas under gram sabhas are to be 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.

Governments have notified 341 ESZs in 29 States and five Union territories, while another 85 ESZs are awaiting notification.
Together, protected areas and ESZs cover 8.66% of India’s land area.
The ESZs span notified forests outside protected areas, most of which could also come under gram sabhas’ jurisdiction under the FRA.
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). Fifteen States have ESZs exceeding 10 km.

Significantly, parts of the ESZs in ten States fall within the Scheduled Areas notified under the Fifth Schedule of the Constitution.
They are preponderantly 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.
The Ministry has also overlooked demands by the National Commission for Scheduled Tribes to restore the erstwhile FRA compliance procedure.

The Supreme Court gave further directions on ESZs.
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.
Allowed States to increase or decrease the minimum width of ESZs.
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.
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 new structures that are banned could include electric poles, buildings, walls, roads and bridges.
Millions of forest-dwellers living on forest land and on the fringes of forests are the most affected.
After having been denied forest rights, they are now also denied better public infrastructure.
The government and the judiciary need to reconcile laws, reaffirm democratic governance, and protect the environment and as well as livelihoods.