Coastal zone regulations, blue economy and the need for community lawyering

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            This article is inspired by a formal online discussion in a WhatsApp Group ‘Kollam Latin Catholic Assn’.  The topic was ‘impact of new CRZ Notification 2019 on traditional fishermen in Kerala.   The presentation happens and the concerns shared through recorded voice clips.  The take home of the discussions was that the new CRZ Notification, is the beginning of something which the legal fraternity may have to look upon more closely.  The relaxations offered in the new notification, has a larger implication, in the national and international levels.

            Coastal Regulation Zone (CRZ)

            Coastal regulation, has a direct nexus with the protection of environment.  500 meters from the High Tide Line is considered as the restricted stretch of the coastline, however based on various categorized zones, the distance may become lesser. The government is empowered to issue restrictions for constructions in these zones as per Section 3 of the Environment Protection Act 1986

            CRZ violation and the ‘maradu’ flat demolition

            Ernakulam District experienced the shock ways following violations of the CRZ notifications, when a few flats in the erstwhile Maradu Grama Panchayat were demolished following the judgement of the apex court.[1]  The flats were permitted to be constructed in critically vulnerable zone, CRZ Zone III, by the Grama Panchayat, without the permission from the Kerala Coastal Zone Management Authority (KCZMA)[2].  The Vigilance Section of the Local Self Government Department detected the violations and anomalies, in the issue of permits and directed the Grama Panchayat to cancel them.  The Grama Panchayat thereupon issued show cause notices to the permit holders, which were challenged before the Kerala High Court.  A Learned Single Judge intercepted the show cause notice, which was upheld by the Division Bench.  In the meantime, several years have passed and Grama Panchayat was upgraded as a Municipality, and obviously the area is eligible for reclassification to CRZ Zone II, moreover revised CRZ Notifications were issued in 2011.  The apex court allowed the appeal filed by KCZMA.  The court took the view that constructions violated the CRZ Zone III norms at the time of issue of the permit and refused to look into the subsequent developments, following the upgradation of the local body.

            Classification of coastal stretches

            The declaration of coastal stretches and imposition of restriction on industries and processes, was done with an intention to protect the environment.[3]  The conflict between the nature and man is at its height, especially in CRZ II and CRZ III Zones.  CRZ-II shall constitute the developed land areas up to or close to the shoreline, within the existing municipal limits or in other existing legally designated urban areas, which are substantially built-up with a ratio of built-up plots to that of total plots being more than 50 per cent and have been provided with drainage and approach roads and other infrastructural facilities, such as water supply, sewerage mains, etc[4]. While, CRZ III constitute the land areas that are relatively undisturbed (viz. rural areas, etc.) and those which do not fall under CRZ-II.

            Grievance against 2011 CRZ notification

Kerala government voiced concerns about the ‘No Development Zone’, under the 2011 notification, before Shailesh Nayar Committee.[5] It was requested that fishermen/traditional communities living by the sea and by the tidally influenced water bodies where CRZ-III is applicable currently are unable to construct houses/toilet/stores (for safe keeping of their implements). Since it is highly essential to live by the ecosystem for earning their livelihood, the above-mentioned activities need to be permitted in the NDZ (200 meters from the High Tide Line landwards) of CRZ-111.

The new 2019 CRZ notification

The central government accepted the recommendation in the report of the Shailesh Nayar Committee, while issuing the new notification[6].  The notification has classified the CRZ III areas (land ares that are relatively undisturbed and those which do not fall under CRZ II) into CRZ IIIA and IIIB based on the density of population.  Areas with a population density of 2,161 person or more per sq Km, as in the 2011 census, will become CRZ IIIA and construction activities could be undertaken towards the landward side from 50-meter point of the High Tide Line (HTL), subject to conditions.  The new notification will result in the reduction of the no development zone significantly.  This may pave the way for construction bloom along the coastline.  The tourism sector is to benefit from the relaxation of the NDZ[7]  A closer reading of the notification, makes it abundantly clear that the CRZ relaxations are focused towards the housing and fishing activities of traditional fishermen, promotion of tourism, ports among other things.  Significantly the central government is moving towards the ‘Blue Economy’ and the structural changes in the zone classification are poised in this direction.

Blue Economy


The World Bank attempts to define the ‘Blue Economy’ as the sustainable use of ocean resources for the economic growth, improved livelihoods and jobs, and ecosystem health. Around 90 percent of all internationally traded goods travel by ship[8]. The ocean economy directly contributes an estimated $1.5 trillion to the global economy[9].  One of the significant measure taken by a few state leaders during the pandemic is the formation of on Ocean Panel, for the sustainable growth of the ocean.

Ocean Panel

Australia, Canada, Chile, Fiji, Ghana, Indonesia, Jamaica, Japan, Kenya, Mexico, Namibia, Norway, Palau and Portugal, supported by the UN Secretary-General’s Special Envoy for the Ocean constituted the Panel.  By enhancing humanity’s relationship with the ocean, bridging ocean health and wealth, working with diverse stakeholders and harnessing the latest knowledge, the Ocean Panel aims to facilitate a better, more resilient future for people and the planet[10].    The concerted efforts of the United Nations, Ocean Panel, European Union etc., can give better insight regarding the developments in the sector.

European Union

The gross value added (GVA) generated by the six EU blue economy established sectors covered … are coastal tourism; extraction and commercialization of marine living resources; marine extraction of minerals, oil and gas; ports, warehousing and water projects; shipbuilding and repair; and maritime transport, amounted to EUR 180 billion in 2017[11].

India

The relaxations offered by the central government in the coastal regulation notification[12] permitting construction within the no development zone for the purpose of ports, tourism, houses for traditional fishermen and other allied fishing related activities, are some of the steps towards the promotion of the blue economy.  India’s blue economy is understood as a subset of the national economy comprising an entire ocean resources system and human-made economic infrastructure in marine, maritime, and onshore coastal zones within the country’s legal jurisdiction. It aids the production of goods and services that have clear linkages with economic growth, environmental sustainability, and national security. The blue economy is a vast socio-economic opportunity for coastal nations like India to utilize ocean resources for societal benefit responsibly[13].

Blue revolution

 

The Ministry of Agriculture and Farmers Welfare along with the Department of Animal Husbandry, Dairying & Fisheries planned to restructure the various ongoing schemes by merging it under a single umbrella of ‘Blue Revolution’. This scheme focused on the development and management of fisheries formulated at a total central outlay of 3000 crore for the five years was made , having the following components[14].

  • National Fisheries Development Board (NFDB) and its activities
  • Strengthening of Database & Geographical Information System of the Fisheries Sector
  • Development of Inland Fisheries and Aquaculture
  • National Scheme of Welfare of Fishermen
  • Development of Marine Fisheries, Infrastructure and Post-Harvest Operations
  • Monitoring, Control and Surveillance (MCS) and other need-based Interventions
  • Institutional Arrangement for the Fisheries Sector

It is always a concern whether the benefits of these global changes and those introduced by the central government reach, all in an equitable manner.  The clear possibility is that certain sections could not stand up in the race.  The legal community as protectors of investments and as community lawyers may have a major role to play.   The new investments, as part of this new economic change, gives opportunities in the legal service industry, in abundance. The current developments can be equated to globalization that occurred in India, during the year 1992.  The younger generation lawyers and law interns may exploit the opportunity as community lawyers.

Community Lawyering

            Community lawyering is an umbrella term for collaborative, community-based approaches to legal services. While there are different variations on “community lawyering,” the core elements are the integration of the lawyer into the community the lawyer serves, the use of multifaceted approaches to problem solving, and the investment and empowerment of community members in the lawyering process[15].  In the changing global scenario of blue economy, legal service requirement would be there in abundance, for the rich and the poor.  The traditional fishermen, is likely to be one of the stakeholders who are likely to face the rigour of zone classifications and also denied the welfare measures offered by the government.

            Therefore, law students, interns and young lawyers, after an appropriate training, can be deployed by the government as community lawyers, for catering to the legal requirements of these marginalized communities, by educating them regarding the benefits and consequences of the changes, and in assisting them take informed choices.   This could make the huge fund allocation for the blue revolution meaningful, and a suitable stipendiary pay for these budding lawyers, a good incentive, whether they are still a student or in the early days of their legal practice.  On the other end, the exposure to the local needs of the community, would make them a better human being and a productive lawyer.

[1] The Kerala State Coastal Zone Management Authority Vs. The State of Kerala, Maradu Municipalities and Others MANU/SC/0808/2019

[2] 1991 notification

[3] CRZ notifications are issued by virtue of the powers under Section 3 of the Environment Protection Act 1986.

[4] The area in which the maraud flats were located progressed from CRZIII to CRZII during the pendency of the court proceedings, since the Manadu Grama Panchayat was re classified as a Maradu Municipality.  Even that could not save the structures.

[5] The Shailesh Nayak Committee was constituted in 2014 with the mandate of examining the issues of the coastal states and union territories of the country with respect to the Coastal Regulation Zone (CRZ) Notification, 2011.

[6] CRZ Notification No. G.S.R. 37(E) dated 18th January, 2019 issued by the MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE.

[8] Olmer, N., B. Comer, B. Roy, X. Mao and D. Rutherford. 2017. “Greenhouse Gas Emissions from Global Shipping, 2013–2015”; International Chamber of Shipping. n.d. "Shipping and WorldTrade."

[9] OECD. 2016. The Ocean Economy in 2030.

[10] https://www.oceanpanel.org/ : https://youtu.be/S8RHgCvKb6E

[11] https://ec.europa.eu/jrc/en/news/how-big-eus-blue-economy-eu-report-potential-coasts-and-oceans-provide-sustainable-economic-growth

[12] CRZ Notification No. G.S.R. 37(E) dated 18th January, 2019 issued by the MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE

[13]https://pib.gov.in/PressReleseDetailm.aspx?PRID=1698608#:~:text=The%20blue%20economy%20is%20a,has%20a%20unique%20maritime%20position.

[14] http://www.nfdb.gov.in/PDF/Blue%20Revolution%20Final.pdf

[15] https://hls.harvard.edu/dept/opia/what-is-public-interest-law/public-interest-work-types/community-lawyering/

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