INTRODUCTION:
India is blessed with some of the richest biodiversity, from dense forests in the Western Ghats to delicate high-altitude ecosystems in the Himalayas. However, rapid urbanization, deforestation, infrastructure development, and climate change are placing enormous pressure on these natural landscapes. In such a backdrop, ESZs have found importance as a critical legal and environmental tool to achieve an equilibrium between conservation and development. Introduced by the Ministry of Environment, Forest and Climate Change (MOEFCC), ESZs are buffer zones around protected forests, national parks, and wildlife sanctuaries where human activities are regulated, so as to prevent further degradation of the environment[1].
These zones allow a degree of human presence and economic activity, while prohibiting industries, construction, or other activities that may adversely impact the environment. In other words, ESZs do not intend to halt the progress of a region; development is merely directed to conserve the environment and biodiversity of the area. The concept is also intimately linked to constitutional provisions such as the right to life under Article 21 and the duty of the state and the citizens to protect the environment.
UNDERSTANDING ECO SENSITIVE ZONES:
Eco-Sensitive Zones (ESZ) are the area earmarked around national parks, wildlife sanctuaries and any other protected areas. The purpose is to provide a buffer zone between ecosystems that are very vulnerable to things such as construction, mining or industrial expansion which can disturb the natural balance. Similar to a pillow that softens the landing of urbanization while easing heavy stress on forests and wildlife.
MOEFCC (Ministry of Environment, Forest & Climate Change) is the office that identifies and declares such zones. Generally, an ESZ is of 10 kilometre around the boundary of a conserved area but it can vary in accordance with local geography and ecological improvement. Within these zones, activities are categorized into either prohibited, regulated and permissible. Polluting industries, large hydroelectric dams are nothing but banned things for sure and some kind of eco-tourism and organic farming within regulations. ESZs are rooted in the Environment (Protection) Act, 1986[2] that finally gave teeth to a legal foundation[3] of national government regaining control over environmental conservation problems. Further, the concept of the right to life under Article 21[4] of the Indian Constitution is currently being adjudicated by courts as the right to a life with dignity that includes right to a pollution-free and healthy environment. Similarly, the articles 48A and 51A(g) indicate the State as well as every citizen have the obligation to protect and preserve surroundings. ESZs are the eco-guardians of India’s forest and wildlife. They keep development from going up in nature’ s face.
OBJECTIVES OF ECO-SENSITIVE ZONES:
Eco-Sensitive Zones Objectives, designed as buffer between environment and development Eco-Sensitive Zones (ESZs) are created to ensure an equilibrium relationship between both. They are meant to address ecological priorities and socio-economic factors:
Buffer zones for protected areas: The ESZs occupy areas transiting between primary high value ecosystem i.e. wildlife sanctuary or national parks and directly adjacent to human habitation. This reduces external influences like pollution, encroachments and infrastructure development.
Control environmentally harmful activities: ESZs prohibit or impose controls on activities that affect ecosystems and wildlife corridors such as mining, large-scale construction with earth-moving equipment or industrial pollution.
Sustainable land use promoting Eco Zones: For those promoting sustainable practices like organic farming, reforestation and Eco-Tourism, which provide livelihood with no environmental destruction
Enabling communities to participate in conservation: ESZs intend to engage the local/people into Conservation by providing controlled use of Natural resource, thus leading ownership rather than conflict.
To avoid habitat fragmentation and biodiversity collapse: Help to maintain continuity between ecosystems, wildlife movement as well as sustain genetic diversity
To apply the letter of constitutional and legal accountability: They discharge the environmental pledges enshrined in Articles 48A[5] & 51A(g)[6] to make sure citizens as well the state work jointly for nature protection.
CONSTITUTION AND LEGAL FRAMEWORKS:
The Indian Eco-Sensitive Zones (ESZ) have been built with a constitutional and legal underpinning which is very strong in promoting its environmental support. The Indian constitution serves good grounds for conservation operation. Under the concept of judicial interpretation, Article 21 one (fundamental right to life) has been interpreted by the courts as the Right to Healthy Environment, thus environmental rights are constituent part of citizens’ right. The Directive Principles of State Policy contain in Article 48A that the State shall protect and improve the environment and shall take steps for the conservation of forests and wild life. Moreover, Article 51A(g) also compels a citizen to protect the environment which leads towards a responsible citizen in nature conservation.
The Environment (Protection) Act 1986 forms the base of the legal regime in India as far as environmental governance is concerned. This Act gives the Central Government rights to implement any necessary steps for the conservation of Environment Protection including notification and control on ESZ. This legal regime allows the establishment of buffer zones around protected areas which ultimately keeps human activities from invading or distorting ecologically sensitive regions. India’s procedure for ESZ, balancing constitutional provisions and environmental laws to strike an equilibrium among improvement and conservation and prosper sustainable advancement without infringing ecological equilibrium.
POLICY IMPACT AND CURRENT STATISTICS:
By early 2024, the Indian government had notified more than 400 Eco-Sensitive Zones (ESZs)[7] around national parks, sanctuaries and high biodiversity areas. ESZs represent protective irregular borders around and about 70% of protected areas in India. ESZs are governed by detailed regulations, specific to each site, which set out what is restricted and what is permissible. While ESZs have come a long way, a number of protected areas – predominantly in Northeast and Central India – still don’t have ESZ notifications as they are subject to undue industrial and urban pressure, including Legislative actions to capture ecosystems.
Centre for Science and Environment (CSE) and Wildlife Institute of India data show that while ESZs have reduced deforestation rates and continue to reduce habitat fragmentation, enforcement of ESZ regulations remains patchy with only approximately 60% of the notified ESZs undergoing monitoring[8]. Confusion around land-use regulations and resistance from the local community is common. However, raising awareness, clearer guidelines and state buy-in designs ESZs, which enables one of India’s most transparent methods of achieving conservation with development.
EXMAPLE:
Several significant marvels and places in India are termed Eco-Sensitive Zones (ESZs) based on their ecological quality and fragility. The Interactive Western Ghats serves as an illustration[9]. The Western Ghats, a world biodiversity hotspot (across six states), ESZs seek to regulate development in an area that will not impede the preservation of all the endemic flora and fauna. Another significant example is the eco-sensitive zone around Gir National Park in Gujarat where the only population of Asiatic lions in India exists[10]. Uttarakhand has two important ESZs, Rajaji and Corbett Tiger Reserves, which are integral in the maintenance of a vital corridor for elephants and tigers to work together to mitigate human-animal conflicts. The ESZ delineates an area in which important ecosystems will not be available through uncontrolled development, or are not succumbing to a fatal endpoint because the ecosystems have now become isolated.
WHY ECO-SENSTIVE ZONE MATTER:
Eco-Sensitive Zones are important because they protect the delicate balance between the natural world and human development. Forests, rivers, and wildlife do not abide by artificial boundaries; therefore, simply protecting the heart of a forest is not enough. Eco-Sensitive Zones surround these areas and can absorb the encroachment of roads, towns, farms, and factories that could easily diminish Biodiversity. They help to ensure that tigers can roam, rivers stay uncontaminated, and forests continue to provide clean air and water for humans.
As well as protecting nature, Eco-Sensitive Zones also protect people. They minimize risk from flooding, landslide, and drought, preserved nature’s buffer. Eco-Sensitive Zones promote sustainable farming, tourism, and livelihoods, assisting communities to prosper without compromising their environment. At the time that climate change and habitat destruction are a global discussion point, Eco-Sensitive Zones solely to preserve their forests or nature, they can be perceived as securing a liveable environment for all.
CONCLUSION
They will act as buffer zones, protecting biodiversity from humans and their negative impacts, so that the country can allow for development with less adverse climate impacts. ESZs protect forests, wildlife and biodiversity in the face of development pressures. They provide climate resilience, clean air, and water security for the communities surrounding them. The success of ESZs is not guaranteed but will involve effective execution, community participation, and enforcement of policies by governments at multiple levels (local, state and national). As India continues to develop economically, utilizing its natural resources for the population’s needs, it becomes increasingly possible that the environment will suffer, which may lead to the destruction of the natural heritage of the country[11]. Eco-sensitive zones is a progressive, balanced approach to conservation, particularly in India because it recognizes that nature as part of its well-being and ultimately the nation’s development.
“When we protect eco-sensitive zones, we protect the future of nature and ourselves.”
Author(s) Name: Anbunila P (Bharath Institute of Law)
References:
[1] Ministry of Environment, Forest and Climate Change, ‘Eco-sensitive Zones’ (MoEFCC) http://moef.gov.in/ecozones/ accessed 10 May 2025 .
[2] Environment (Protection) Act 1986, s 3.
[3] Environment (Protection) Act 1986, s 3.
[4] Constitution of India 1950, art 21.
[5] Constitution of India 1950, art 48A.
[6] Constitution of India 1950, art 51A(g).
[7] Centre for Science and Environment, ‘Eco-sensitive Zones: Conservation versus Development’ (CSE India, 2023) https://www.cseindia.org/ecosensitivezones accessed 10 May 2025.
[8] Wildlife Institute of India, ‘Eco-sensitive Zones Mapping and Monitoring’ (WII) https://wii.gov.in/esz_mapping accessed 10 May 2025.
[9] Ministry of Environment, Forest and Climate Change, ‘Western Ghats Ecology Expert Panel (WGEEP) Report’ (2011) http://moef.gov.in/report/wgeep-report/ accessed 10 May 2025.
[10] National Tiger Conservation Authority, ‘Eco-Sensitive Zone Notifications: Gir, Corbett, Rajaji’ (NTCA Reports 2023) https://ntca.gov.in/esz_notifications accessed 10 May 2025.
[11] UN Convention on Biological Diversity (1992), art 8.
