For favour of publication. Kindly acknowledge receipt. Best wishes. Averthanus _____
RAVAGING INDIA'S COASTLINE. Averthanus L. D'Souza. While the entire world is celebrating World Environment Day as recommended by the United Nations, the Ministry of Environment and Forests (MoEF) of the Government of India is engaged in an exercise which is calculated to destroy the very fragile coastal environment of this large sub-continent. On the 1st. of May 2008 the MoEF issued a public notice announcing that it was intending to introduce new legislation in Parliament to replace the Coastal Regulation Zone Notification, 1991, which was notified under the Environment Protection Act of 1986. The new Notification which is to be issued will be called the Coastal Zone Management notification (CZM) The Government of India has provided 60 days for the public to respond to this notice and submit its observations, objections, recommendations and comments to the MoEF. The original CRZ Notification of 1991 was intended to preserve and conserve the fragile ecology of the nation's almost 8,000 km. coast, which, among other things, provides livelihood to nearly 5 million coastal families who live in approximately 3200 coastal hamlets (CMFRI Census 2005) whose subsistence is almost entirely dependent on fishing and fish processing. Besides this, the rich marine resources and the delicate relationship between the sea and the land is at risk of being destroyed by the growing pressures of physical "development" which is encroaching upon the coastal areas. This development along the coast is largely (but not solely) propelled by the tourism industry which has its eyes on the growing tourist interest in sun-kissed beaches and warm tropical waters. The tourism industry wants to put up luxury hotels right on the beaches so that their customers can walk into the sea straight from the hotel lobby. Under political pressure from the tourism and building industries the CRZ Notification of 1991 was amended at least 19 times, diluting the very purpose of the Notification and thus making it practically impotent. This was in addition to the fact that the Government of India as well as the State Governments had adopted a lackadaisical attitude to the question of conservation of the natural resources of India's coastal areas. Governments were lethargic to the large-scale violations of the CRZ Notification, not only by the promoters of Hotels, but also by the Real Estate developers. The CRZ violations were ignored in spite of protests by citizens and environmental groups. The Ministry of Environment and Forests then appointed a Commission in July 2004 headed by Prof. M.S. Swaminathan to review the CRZ Notification of 1991 and to make recommendations to the MoEF. The Swaminathan Commission submitted its Report to the MoEF in February 2005. The current exercise of the MoEF to replace the CRZ Notification of 1991 by a new Notification to be called the Coastal Zone Management Notification is purportedly in pursuance of the recommendations of the Swaminathan Commission. There has been widespread criticism of the Swaminathan Report, which is alleged to have capitulated to the pressures of industry. The most significant criticism is that the fishing communities, which are most affected by any regulations, were not consulted in the process of preparing the Report, even though there is an observation by Prof. Swaminathan that they should be consulted. The critics of the Report point out that there are contradictions in the Report. Furthermore, it is alleged that the proposed Notification contains extrapolations which were not contained in the Swaminathan Report. Looking at the situation closer at hand, with regard to the performance of the Government of Goa, we find that the Government has been very apathetic to the numerous violations of the CRZ Rules. Illegal constructions have cropped up all along the coast, and the Ministers appear to be complicit in the violations of the Rules. This means that even if there are laws to safeguard the environment, the Government itself is guilty of infringing the laws. A mere change made by the Central Government from the Coastal Regulation Zone notification, 1991 to a new Coastal Zone Management will appear to be a mere eyewash. When the Goa Government has not shown any seriousness to implement the CRZ Notification till now, there is no reason to expect any better performance under the CZM regime. The beautiful State of Goa appears to be caught in a pincer movement with regard to its environment. On the one hand the mining lobby is devastating the forests, the villages and the inland waterways, and on the other hand the coast is being devastated by the tourism and real estate industries. The citizens of Goa have awakened to the unreliability of the Government(s) of Goa to safeguard their interests. Panchayat after Panchayat and Gram Sabha after Gram Sabha has risen up to protect the interests of the villages, notwithstanding the influence and power of the local politicians. Some puerile lawyers have asserted that Gram Sabhas do not have any authority in matters of land development. Such narrow-minded lawyers should learn to think outside their legal boxes and grasp the importance of the desire of the people to preserve their environment and the natural resources of their villages. It has been said that the Law is an ass; but with some lawyers, it has transmogrified into a ravenous wolf which seeks to wreck destruction on the people. It is time that lawyers opt to be on the side of the people rather than on the side of the law, when the law becomes oppressive and unjust. It is very unfortunate, indeed, that not only the Government, but its law-making function have fallen prey to big businesses whose main interest is to amass fortunes in the shortest possible time, irrespective of the damage that they cause to the natural, cultural, social and environmental health of the people. Averthanus L. D'Souza, D-13, La Marvel Colony, Dona Paula, Goa 403 004. Tel: 2453628.