Why Kerala’s draft response on eco-sensitive areas has drawn flak from activists

Environmental activists have raised significant concerns regarding the Kerala government's recent draft response to the Union government's notification on Ecologically Sensitive Areas (ESA) in the Western Ghats.

Their critique focuses on the implications of declaring already protected forests as ESAs while imposing restrictions on human activities such as mining and urban development. According to the activists, this approach serves no practical purpose, as existing laws already protect these forests from such activities.

“Declaring already protected forests as ESA and restricting human activities like mining and townships serves no purpose. Even otherwise forests are protected from all such human activities,” opined Hareesh Vasudevan, a lawyer and environmental activist.

Fundamentally flawed

The activists argue that the classification of private lands as less fragile or sensitive to environmental impacts is fundamentally flawed. “The idea that private lands are no more susceptible to landslides or wildlife habitat disruptions is absurd,” Vasudevan said. “This reasoning raises serious questions about common sense.”

They believe that political motivations are at play, suggesting that political parties often hijack environmental protection measures for their own interests. This politicisation could lead to judicial interference, where courts may impose restrictions without a scientific basis, ultimately undermining the state's ability to implement effective environmental regulations.

“The state risks losing the opportunity for proper scientific regulations within human habitats and private lands,” the activists warned, emphasising the need for a balanced approach that considers both environmental conservation and local community needs.

Govt’s draft proposal

The Kerala government has submitted its draft proposals to declare approximately 9,993.7 square km of land in the Western Ghats as ESA, focusing primarily on forest regions while excluding inhabited areas.

This area encompasses 131 villages across 12 districts, reflecting a significant effort to protect ecologically sensitive landscapes. The draft ESA notification issued on July 31, 2024, adhered to the state’s recommendation of 9,993.7 sq. km but increased the number of villages affected from 123 to 131 due to the reorganisation of some villages.

This increase in village count does not affect the total ESA area. The state has further reduced the ESA area based on district-level reports. It is currently addressing public concerns about potential restrictions in the proposed ESA areas. District-level committees have been set up to review the issue, with their suggestions shared with village panchayats. The state will finalise its proposal after considering feedback from these panchayats.

Ban on mining activities

Restrictions in the ESA will include a ban on mining activities, including sand mining, and the prohibition of new red-category industries. Existing industrial units will be allowed to continue operations. Construction projects exceeding 20,000 square meters will not be permitted, and the development of townships or area projects larger than 50 hectares or 1,50,000 sq meters will also be banned. However, there will be no restrictions on the reconstruction of existing homes or other construction activities within the ESA.

The Kasturirangan Committee previously identified about 37% of the Western Ghats as ecologically sensitive, which has led to ongoing debates about land use and environmental conservation in the region. Despite these measures aimed at protecting the environment, concerns surrounding ESA and Ecologically Sensitive Zones (ESZ) remain prevalent among local inhabitants. Many residents fear that these classifications could lead to displacement and loss of livelihood due to stringent regulations.

Politically sensitive issue

The issue of ESA notifications has been politically and socially sensitive in Kerala, with opposition from certain Church groups and political parties. The state has been cautious in handling ESA notifications to avoid political repercussions in the hill districts.

Environmental activists have raised concerns that the areas in Wayanad district severely affected by landslides are not included within the ESA boundaries. This exclusion has prompted questions about the criteria used for determining the ESA demarcation.

As discussions around Kerala’s ESA continue, environmental activists’ remarks underscore a growing tension between environmental conservation efforts and local development needs in ecologically sensitive regions. Their call for clarity, common sense, and balanced regulations resonates with many who seek a sustainable future for both the environment and local communities.