Abstract
Indian coasts are constantly threatened by factors such as rapidly rising sea levels, increasing levels of human activity, and large-scale development along the shoreline. Despite this, the current Indian coastal regulatory regime has been drafted with the intent to primarily preserve the coast by prohibiting certain activities and to restore it when damaged. Its object is to protect, not to proactively enhance, which, to date, remains a crucial need for both coastal protection and long-term development. The Coastal Regulation Zone (CRZ) Notification, 2019, forms the crux of the Indian coastal regulatory regime and is responsible for balancing developmental needs with environmental concerns.
This paper aims to critically analyze the provisions of the CRZ, 2019, and evaluate the extent to which it aligns with the principles of Ecological Modernization, a theory that posits that environmental protection and economic growth can be mutually reinforcing, wherein technological advancements and innovative policies lead to improved environmental outcomes. The paper aims to identify lacunae in the current law and suggest possible amendments that allow for sustainable development. This paper also discusses whether the current notification caters to the ‘Standard view’ of ecological discourse and examines the adverse socio-ecological consequences that such a law will invite.
A detailed analysis of the CRZ 2019 and its consequences post-enactment have been considered to identify gaps in the law. Judicial Decisions with respect to coastal development, principles of environmental law, the object of environmental policies, frameworks for coastal and wetland management implemented by other countries, and scientific methods examining the vulnerability of coasts and the reasons behind the same have been examined to deduce suggestions geared towards the streamlining of coastal legislation in accordance with the Theory of Ecological Modernization. The findings of this study contribute to the ongoing discourse on coastal governance and sustainability, offering insights to policymakers, stakeholders, and environmentalists on ways to enhance the eco-modern aspects of the CRZ Notification 2019. This paper intends to secure the long-term preservation of coastal ecosystems, their biodiversity, and its overall ecological integrity, while ensuring sustainable development. Findings indicate this can be done by incorporating eco-modern developmental practices, establishing accountability amongst government agencies, incentivizing ecologically responsible policies and practices, and by deterring infringement.
Keywords: CRZ Notification 2019, Sustainable Development, Ecological Modernization, Standard View
INTRODUCTION
The coastal regions of India have long led to clashes between the state’s desire for development and its duty to conserve the environment. The Coastal Regulation Zone (CRZ) Notification, first introduced in 1991 and subsequently revised in 2011 and 2019, plays a pivotal role in governing human activities along India’s vast coastline. While it is designed to balance the need for economic growth with the duty to preserve fragile coastal ecosystems, its implementation and effectiveness remain subjects of rigorous debate and scrutiny. While policymakers and industries advocate for economic growth to uplift communities and boost the national economy, environmentalists and local communities emphasize the irreversible damage caused to coastal ecosystems and the long-term consequences for both the environment and livelihoods. Striking a balance between economic prosperity and environmental sustainability remains a formidable challenge in India, as stakeholders grapple with varied priorities and seek solutions that can harmonize growth with the imperative of preserving the country’s invaluable coastal ecology.
This paper aims to critically analyse the CRZ Notification, 2019, while examining scope for shifting towards an eco-modern framework for sustainable coastal development in India. In light of the rapid transformation that Indian coastal regions are undergoing due to a multitude of factors, such as population growth, urbanization, industrialization, and climate change, there exists a dire need to incorporate sustainable developmental practices into the Indian framework of coastal management. This can be done through amendments to the notification made in accordance with principles of ecological modernization. The paper through a comprehensive review of relevant literature, an analysis of the current legal and policy framework, and case studies from select coastal regions in India aims to evaluate the current status of CRZ regulations, and provide insights into the practical application of the theory of ecological modernization in the context of Indian coastal development.
Ecological modernization, as a theoretical framework, suggests that modern societies can achieve sustainable development by integrating ecological considerations into their economic and technological advancements. It advocates for a transition from a “business-as-usual” approach, which often leads to environmental degradation, towards a more holistic and sustainable approach to development. This perspective emphasizes that environmental concerns should not be seen as impediments to progress but as integral components of a prosperous and resilient future.
Within the context of India’s coastal development, ecological modernization offers an innovative approach that envisions a future where economic growth coexists harmoniously with the protection and restoration of coastal ecosystems. By critically examining the CRZ Notification, 2019, in light of ecological modernization principles, this paper aims to identify gaps, challenges, and opportunities in India’s quest for sustainable coastal development.