Indian coastal zone laws and policies
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Indian coastal zone laws and policies

byRavi KishanPosted at

 Contents

  1. Introduction
  2. Provisions of The Coastal Regulation Zone Notification (CRZ)
  3. Changes in CRZ notification
  4. The CRZ 2011 and the Fishing Community
  5. Protests by fishermen
  6. Controversial coastal projects

Introduction

India has a coast that is 8118 km long. This includes the coasts of the mainland, Lakshadweep, and the Andaman and Nicobar islands. It affects 13 states and territories of the Union (UTs). The coast is where the sea meets the land. It is a dynamic place that is always changing. Coastal areas have many different kinds of ecosystems, like mangroves, coral reefs, seagrass beds, mudflats, and sandy beaches, which are home to many different kinds of plants and animals. Natural disasters like cyclones and tsunamis can cause a lot of damage along the coast. Strong coastal ecosystems, like dense mangrove forests, wide sandy beaches, and healthy coral reefs, have been shown to lessen the damage that these events cause. People have lived on or near the coast for thousands of years because the weather is pretty good there. Their lives depend on the things they can find there. Fishing, making salt, and farming along the coast are common jobs for people who live there. In addition to the people who have always lived on the coast, there are also other people who are interested in coastal resources. Seaports are used for trade, and many industries related to oil and natural gas, nuclear power plants, and other things are located along coasts. On the coasts, tourism and high-end housing are other ways that land is used that compete with resource use. Each side wants to use and run the coast the way it suits them. The natural resources along the coast are what coastal communities depend on to make a living.

The Coastal Regulation Zone Notification, or CRZ, was first issued in 1991 and then again in 2011. It was made to protect the livelihoods of traditional fishers and other local communities, preserve and protect coastal stretches and their unique environment as well as marine areas, and encourage the sustainable development of coasts. In twenty years, the CRZ was changed more than twenty-five times.

Provisions of The Coastal Regulation Zone Notification (CRZ)

The Coastal Regulation Zone (CRZ) is defined as the area landward of 500 metres from the high tide line (HTL) where certain activities are forbidden (those that do not require waterfront are largely prohibited). Each coastal state was required to create a Coastal Zone Management Plan (CZMP) as part of the CRZ Notification, which would map out the various CRZ categories and subcategories.

The CRZ's primary responsibility was to locate high- and low-tide lines. It was necessary to identify the land between the High-Tide Line and 500 metres on the landward side of the seafront and the land between the HTL and 100 metres or the width of the creek, whichever is smaller, on the landward side of the tidally influenced water bodies.

The following activities are prohibited within the CRZ:

  • Setting up of new industries and expansion of existing industries especially those using with hazardous substances 
  • Land reclamation, bunding or disturbing the natural course of seawater, 
  • Waste disposal units.

CRZ areas are classified into four categories:

  1. CRZ-I: These are ecologically delicate locations where the geomorphological elements help to preserve the integrity of the coast (Example: Mangroves, corals, sand dunes, biologically active mudflats, etc.). The region between the Low Tide Line and the High Tide Line is also included in this. No new buildings may be built within 500 metres of the HTL.
  2. CRZ-II:  The areas that have been developed up to or close to the shoreline.
  3. CRZ-III : Areas that are relatively undisturbed and those do not belong to either CRZ- I or II which include coastal zone in the rural areas and also areas within municipal limits or in other legally designated urban area which are not substantially built up.
  4. CRZ-IV: This covers both the water area of the tidally influenced water body from the water body's mouth at the sea up until the effect of tide, as well as the water area from the Low Tide Line to 12 NM on the seaward side.
Additionally, each zone has its own regulations on construction operations. Numerous requirements are included in the CRZ notification to prevent pollution, building, or reclaiming of the shoreline for commercial use. Sand dunes, hills, and other natural features can't be dressed up or changed for aesthetic purposes, recreation, or anything else. There have been certain exceptions, which are listed specifically for each activity.

Certain activities are restricted in Kerala and Goa because of the potential for tourists and the utilisation of the backwaters. Critically vulnerable coastal areas, such as the Sunderbans and other ecologically sensitive places, have also been discovered outside of these two states and must be managed with the help of the nearby coastal populations. A Coastal Zone Management Authority (CZMA) has been established in accordance with this notification. Any project near the coast requires CZMA approval.

Changes in CRZ notification

The founder of India's Green Revolution, Prof. M. S. Swaminathan, convened a group that produced a report in 2005 suggesting a shift to integrated coastal zone management and the replacement of the CRZ notification with the Coastal Management Zone Notification. The draught CMZ Notification sparked widespread objections from coastal communities, particularly the fishing community, who thought that it would cause unchecked coastal development and result in the total loss of livelihoods for people who depend on coastal resources.

A group lead by Prof. Swaminathan released a study titled "Final Frontier" in 2009 as well. This report outlined the flaws in the draught CMZ Notification and recommended that, while maintaining the CRZ 1991 Notification as the fundamental framework, appropriate changes be made to account for the needs of coastal communities, the increasing pressure from the population, and the effects of development activities on coastal resources and biodiversity. Additionally, the committee highlighted fresh dangers brought on by climate change-related catastrophes such more powerful cyclones, storm surges, and sea level rise. The committee used testimony from fishermen who had highlighted their fight against major development projects like ports that had driven them out of their homes and livelihoods. The Committee noted that it was necessary to "Introduce laws to regulate the expansion of ports along the beaches, with possible repercussions on the coastline, by considering cumulative impacts of these developments," in its agenda for the future. The Committee also stated that a significant alteration is now being made to the nation's shoreline as a result of numerous port and harbour projects. Large-scale dredging, shore protection work, breakwater construction, and reclamation are all part of these projects. Although it was obvious that such initiatives had led to substantial dangers to the coast, with beaches facing severe erosion and shorelines altering, there is little evidence about the cumulative effects of these projects on the coastline. It was suggested that a port project moratorium be put in place while the government studied the cumulative effects of projects on the coastline.

The CRZ 2011 and the Fishing Community

The CRZ 2011 controls operations in the 500 m zone from the high-tide line, much like the CRZ 1991 did. There are also a lot of distinctions. The goals of the notification, as stated in the preamble of CRZ 2011, are to "ensure livelihood security to the fisher communities and other local communities living in the coastal areas, to conserve and protect coastal stretches, its unique environment, and its marine area, and to promote development through sustainable manner based on scientific principles taking into account the dangers of natural hazards in the coastal areas, as well as sea level rise due to global warming." Many areas stress the need to defend the rights of traditional fishing communities and other coastal communities.

The key distinction is that, while CRZs I through III remain unchanged from the 1991 notification, CRZ IV now encompasses the water and seabed out to a distance of 12 nautical miles. A different notification that governs the development of the islands has also gone into effect. As for the areas that the fishing community uses, Annexure -I, which outlines the procedures for creating the Coastal Zone Management Plans (CZMP), states that "In the CRZ areas, the fishing villages, common properties of the fishermen communities, fishing jetties, ice plants, fish drying platforms or areas, and infrastructure facilities of fishing and local communities such as dispensaries, roads, schools, and the like, shall be indicated on the cadastral scale m." The provision of basic amenities, including as sanitation, safety, and disaster readiness, as well as thorough plans for long-term housing needs of coastal fishing towns in consideration of expansion and other needs are required by the states. Recognizing that fishermen depend on living near the coast for their livelihood, it has been decided to upgrade these townships with infrastructural features like sanitation and trash removal. The Environment (Protection) Act of 1986 designated Critically Vulnerable Coastal Areas (CVCA), which are administered with the help of coastal communities, especially fishermen, according to CRZ 2011.

Protests by fishermen

3,202 marine fishing communities and 756,212 homes, or a total of 3.52 million people, are found throughout mainland India's coastline, according to the Marine Fisheries Census of 2005. Almost half of this population actively participates in fishing and activities related to fisheries. Fishing has become a failing profession as a result of the constant rise in fishing supply costs, the depletion of fish stocks, rising tensions caused by fierce rivalry over better fishing sites, and diminishing catch rates. The challenge to the fishing commons posed by the new era of globalisation is further aggravating the situation. The fishing community has been involved in ongoing battles to save their traditional means of livelihood as more strong forces have encroached upon their customary homes. In this case, the fishermen's communities have been closely monitoring the CRZ notification process and many of its developments. The traditional fishing communities view the CRZ Notification as one of the very few "positive things" that have happened to them, despite a number of flaws in it.

They objected to the Swaminathan committee's findings because it softened the CRZ's prohibitory character in favour of sizable enterprises. The major stakeholder in the coastal zone, the Indian fishing community, has strongly protested the study together with other coastal groups. Many non-governmental organisations (NGOs), civil society organisations (CSOs), and environmental organisations have also voiced their concerns regarding the report. A number of large-scale demonstrations against the Swaminathan Committee's proposals were organised by the National Fishworkers' Forum (NFF). To oppose the Ministry of Environment and Forests' action, all of these organisations banded together as the National Coastal Protection Campaign (NCPC). The draught CMZ Notification has been a topic of discussion throughout the coastal States thanks to the campaign. It is now crystal evident that the Indian fishing community opposes the CMZ Notification.

Controversial coastal projects

Two locations along the coast are planned for nuclear power plants. There have been numerous conflicts between the local farming and fishing groups and the government in Jaitapur, Maharashtra, and Koodankulam, Tamil Nadu. For these two initiatives, the CRZ notification was loosened in various ways. People worry that hazardous waste from nuclear facilities may wipe out livelihoods. Another justification for opposition is concern over potential natural disasters that might affect the region and harm the plants. It has been argued in court that building jetties, ports, sizable resorts, and monuments inside these crucial coastal zones is unlawful. The lack of strict CRZ implementation and the creation of management zone plans for the communities has led to an increase in coastal construction.

India's coastal regions are still under a lot of pressure from development. Coastal habitats are being turned into industrial zones despite the region's ecological importance and the ecosystem services it offers, such as protection from storms and tsunamis. On the livelihoods along the coast, this will have broad implications. The region's ecosystem and way of life need to be protected, and the law needs to be enforced.
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