Marine and Coastal Conservation in India

India is blessed with an extensive coastline that stretches over 7,500 kilometres, touching the coasts of various states and union territories. This coastline, along with the marine ecosystems, plays an essential role in the country’s economy, culture, and biodiversity. 

Marine and coastal ecosystems provide livelihoods to millions of people, contribute significantly to food security, regulate the climate, and support diverse biodiversity. However, these ecosystems are under increasing threat from human activities, such as coastal development, industrial pollution, overfishing, and climate change.

In response, India has developed a robust legal framework to ensure the conservation and sustainable management of marine and coastal resources.

Marine and Coastal Conservation under the Indian Constitution

The Indian Constitution provides a strong foundation for environmental protection and conservation, including marine and coastal ecosystems. While environmental protection is not explicitly mentioned in the Constitution, several provisions empower the government to take steps to protect and preserve the environment, including marine and coastal areas.

Fundamental Duties (Article 51A)

Article 51A of the Indian Constitution outlines the fundamental duties of citizens, which include “protecting and improving the natural environment, including forests, lakes, rivers, and wildlife.” This provision underlines the duty of every citizen to contribute to the protection of the environment, including marine and coastal areas. This duty serves as a guiding principle for policies related to conservation.

Directive Principles of State Policy (Article 48A)

Article 48A of the Constitution directs the State to “endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country.” This article is a key directive to the government, pushing for policies and legislative measures to protect the environment. Although not enforceable in a court of law, it serves as a guiding principle for legislation, including laws related to coastal and marine conservation.

Separation of Powers (Article 246)

Article 246 of the Constitution defines the legislative powers of the Union and the States, which has implications for environmental lawmaking. The Union Government has the authority to legislate on matters relating to marine and coastal conservation, while State Governments are empowered to manage and regulate fisheries, coastal management, and other regional environmental matters, leading to a separation of powers.

Marine Protected Areas in India – Wildlife Protection Act, 1972

The Wildlife Protection Act, 1972 (WLPA) is a key piece of legislation for the protection of biodiversity, including marine and coastal ecosystems in India. The Act facilitates the establishment of Marine Protected Areas (MPAs), which are vital for conserving marine biodiversity and ensuring the sustainable management of coastal resources.

Marine National Parks and Sanctuaries

The WLPA empowers the government to declare Marine National Parks and Marine Sanctuaries to protect sensitive marine ecosystems, including coral reefs, mangroves, and seagrass beds. These areas are designated as protected zones where human activities, such as fishing, mining, and tourism, are regulated to minimise harm to marine habitats.

Conservation of Species

Under the WLPA, various marine species, including endangered species like sea turtles, dugongs, and various species of whales, dolphins, and corals, are listed in the schedules. The Act prohibits the hunting, trade, and exploitation of these species, providing them with legal protection.

Regulation of Activities

In MPAs, activities that could harm the ecosystem, such as overfishing, industrial development, and tourist activities, are closely regulated. The Act provides for the appointment of authorities to oversee the implementation of conservation measures in these protected areas.

Environmental Protection Act, 1986 – Biological Diversity Act, 2002 – Biosphere Reserves

India has developed additional legislation to address broader environmental concerns, including pollution control and biodiversity conservation, which complement the WLPA in marine and coastal conservation.

Environmental Protection Act, 1986

The Environmental Protection Act (EPA), enacted in 1986, is an umbrella law that provides a framework for environmental protection, including the regulation of marine pollution. Under this Act, the government has the authority to set standards for the discharge of pollutants into water bodies, including coastal waters. The Central Pollution Control Board (CPCB) and State Pollution Control Boards (SPCBs) are empowered to monitor and enforce these standards.

The EPA also allows for the establishment of Environmental Impact Assessments (EIA) for projects that may affect marine and coastal ecosystems, such as port developments, industrial projects, and tourism infrastructure.

Biological Diversity Act, 2002

The Biological Diversity Act (BDA), 2002, seeks to conserve biodiversity at the national and local levels and ensure the sustainable use of biological resources. The Act empowers the government to establish Biosphere Reserves, which are areas of significant ecological value, including coastal and marine ecosystems.

Biosphere Reserves, such as the Sundarbans Biosphere Reserve in West Bengal, help protect biodiversity while promoting the sustainable use of natural resources. These reserves are designed to balance conservation efforts with the needs of local communities.

Biosphere Reserves

Biosphere Reserves, designated by the UNESCO Man and the Biosphere Programme, are special areas that focus on the conservation of both biodiversity and cultural heritage. The Sundarbans Biosphere Reserve is one example, which incorporates the protection of mangroves, wetlands, and other critical coastal ecosystems. These areas are integral to coastal and marine conservation as they promote sustainable livelihoods for local populations while protecting vital ecosystems.

Coastal Regulation Zone (CRZ) Notification

One of the most important legal instruments for coastal conservation in India is the Coastal Regulation Zone (CRZ) Notification issued under the Environment Protection Act, 1986. The CRZ notification regulates activities along India’s coastline to prevent degradation and preserve sensitive coastal ecosystems.

Zoning of Coastal Areas

The CRZ notification divides the coastline into different zones based on ecological sensitivity. These zones include:

• CRZ-I: Ecologically sensitive areas such as mangroves, coral reefs, and turtle nesting sites. No construction or industrial activity is allowed in this zone.
• CRZ-II: Urban areas, where infrastructure development is allowed under strict regulations.
• CRZ-III: Rural areas with some restrictions on development to ensure environmental conservation.
• CRZ-IV: Areas related to the water and ocean, where activities like shipping, fishing, and boating are regulated.

The CRZ notification aims to prevent the loss of biodiversity, protect marine habitats, and ensure the sustainable use of coastal resources. However, it has faced challenges in implementation, particularly regarding violations by industrial and real estate sectors.

Sustainable Development in Coastal Zones

The CRZ notification promotes the concept of sustainable development in coastal regions, where development projects are allowed but are subject to strict environmental norms. This includes regulating tourism, mining, and fishing activities, as well as controlling the discharge of pollutants into the coastal environment.

Fisheries Regulation in India – State-Level Fisheries Management

India’s fisheries sector is critical to the livelihoods of millions of people along its coastline. Sustainable fisheries management is crucial for maintaining the health of marine ecosystems. Both central and state governments play vital roles in regulating fisheries in India.

National Fisheries Policy

The National Fisheries Policy lays down broad guidelines for sustainable fisheries management in India. It focuses on:

• Sustainable Fishing Practices: Encouraging the use of non-destructive fishing methods and reducing overfishing through quotas and seasonal fishing bans.
• Marine Fisheries Management: Involves the regulation of fish stocks, the promotion of aquaculture, and ensuring that fishing activities do not disrupt marine ecosystems.

State-Level Fisheries Management

While the central government provides the overarching policy framework, state governments have the responsibility for regulating fisheries in their respective jurisdictions. States such as Tamil Nadu, Kerala, and West Bengal have developed state-specific laws for the management of marine fisheries, which include:

• Licensing and Regulation: Issuing licenses for fishing vessels, regulating fishing gear, and setting quotas for catch limits.
• Protection of Marine Species: Enforcing restrictions on the capture of endangered species such as sea turtles, dolphins, and various species of sharks.
• Aquaculture: Promoting sustainable aquaculture practices to reduce the pressure on wild fish populations.

Effective state-level fisheries management is essential for balancing the needs of local communities with the long-term health of marine ecosystems.

Conclusion

Marine and coastal ecosystems are invaluable to India’s environmental, economic, and social well-being. The country has established a robust legal framework for their conservation, including laws such as the Wildlife Protection Act, the Environmental Protection Act, the Coastal Regulation Zone Notification, and the Biological Diversity Act. 

Despite these efforts, challenges remain in enforcing and strengthening these laws to effectively protect the marine and coastal environment. Effective fisheries management, strict enforcement of CRZ regulations, and active participation of local communities are crucial for the sustainability of marine resources. 

As the judiciary continues to play an essential role in shaping conservation policy, the legal framework in India remains pivotal to safeguarding the future of the country’s marine and coastal ecosystems.