Coastal Ballads and Conservation Ironic: Understanding Implementation Slippages of the CRZ Law

Abstract

The passage and progress of the Coastal Regulatory Zone law from 1991 until today has carried it through a number of environmental and developmental challenges. This law applies to the conservation of fragile ecology and ecosystems surrounding all water bodies such as rivers, creeks, lagoons, estuaries, coral reefs, mangroves, swamps and backwaters. The need for considering environmentalists of the stature of Madhav Gadgil and the Kasturirangan report for preparing a report on the Western Ghats and then succumbing to the populist resistance which followed against their recommendations suggests a need to raise one pertinent question before expanding development into fragile eco-zones: Can the fragile ecology of riverbeds and coasts be preserved without substantive land-use restrictions over them? This chapter attempts to find answers to this question and to demonstrate that the gap which is created due to state failure in acting as a custodian of ‘environmental resources’ has placed the judiciary in a powerful position with immense freedom to interpret the CRZ regulations. This has weakened the spirit of law by reducing the scope and effectiveness of regular administrative agencies expected to implement the law and conservation requirements. This chapter highlights that any wavering on implementing CRZ law will push the fragile vicinity of water bodies into increased vulnerability to disasters, leading to massive socio-economic destruction and loss of lives.

This paper was published as a Special Article in Economic and Political Weekly, Vol. 51, Issue No. 7, 13th Feb. 2016 and is being reproduced here with an authorized permission from EPW.