Marine and Coastal Conservation in India
Marine and Coastal Conservation in India
Introduction:
India, with its vast coastline of about 7,500 kilometers, has a rich and diverse marine ecosystem that includes coral reefs, mangroves, estuaries, and a wide variety of marine flora and fauna. Coastal areas are home to many communities dependent on fishing, tourism, and marine resources.
Marine and coastal conservation refers to the protection, preservation, and sustainable management of marine and coastal ecosystems to maintain biodiversity, support livelihoods, and safeguard the environment.
Importance of Marine and Coastal Conservation:
Ecological Balance: Coastal ecosystems like mangroves act as buffers against natural disasters (e.g., tsunamis, cyclones).
Biodiversity: Marine environments are habitats for a vast range of species.
Livelihoods: Millions depend on fishing and tourism for their income.
Climate Regulation: Oceans help regulate the earth’s climate by absorbing carbon dioxide.
Major Threats to Marine and Coastal Environments in India:
Pollution: Industrial effluents, sewage, and plastic waste pollute marine waters.
Overfishing: Leads to depletion of fish stocks.
Coastal Development: Unregulated construction harms natural habitats.
Coral Reef Destruction: Due to bleaching and human interference.
Mangrove Loss: Due to reclamation and deforestation.
Legal and Judicial Role in Marine and Coastal Conservation:
The Indian judiciary has played a proactive role in safeguarding marine and coastal environments through the Public Interest Litigation (PIL) route and interpretation of constitutional principles, especially the right to a healthy environment.
Relevant Case Law:
1. M.C. Mehta v. Union of India (The Ganga Pollution Case)
Though primarily about river pollution, this case established the principle of environmental protection as part of the fundamental right to life (Article 21).
This reasoning extends to marine and coastal pollution, setting the groundwork for judicial activism in conservation efforts.
2. Indian Council for Enviro-Legal Action v. Union of India
The court recognized the “polluter pays” principle.
It held industries responsible for marine pollution caused by untreated effluents reaching the sea.
This principle is crucial in holding violators accountable in coastal areas.
3. Narmada Bachao Andolan v. Union of India
Though focused on dam projects, this case emphasized sustainable development.
The judgment underscored that developmental activities on coasts must consider environmental impacts, promoting conservation alongside development.
4. Research Foundation for Science, Technology and Ecology v. Union of India
Concerned the impact of coastal development projects on the ecology.
The court highlighted the importance of Environmental Impact Assessments (EIA) before permitting coastal projects.
This protects coastal ecosystems from unregulated construction and degradation.
Government and Judicial Measures for Conservation:
Coastal Regulation Zones (CRZ): Zones demarcated along the coast to regulate activities and protect sensitive ecosystems.
Ban on Harmful Activities: Restrictions on certain industrial, mining, and construction activities in coastal zones.
Mangrove and Coral Protection: Initiatives to conserve and regenerate mangroves and coral reefs.
Marine Protected Areas (MPAs): Designation of areas to conserve biodiversity and restrict human interference.
Judicial Philosophy and Environmental Principles:
Courts in India have upheld the Precautionary Principle, requiring caution in activities that may harm marine ecology.
The Sustainable Development Principle is used to balance economic growth with ecological preservation.
The Public Trust Doctrine applies, stating the State holds natural resources like coasts and seas in trust for the people, preventing their exploitation.
Conclusion:
Marine and coastal conservation in India is a critical environmental and socio-economic issue. The Indian judiciary has been instrumental in interpreting constitutional rights to protect these fragile ecosystems. Through landmark judgments, courts have enforced principles like “polluter pays,” precaution, and sustainable development to mitigate threats and promote conservation.
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