4. Marine Life, Coastal Ecosystems and Lakes | Protecting Water-Based Habitats

This is the 4th post in Environmental Law, Unit III — the earlier posts covered forests and wildlife; this post covers the water-based habitats that the syllabus lists separately: the sea, the coast and lakes.

The Problem This Topic Solves

The sea, the coastline and lakes are under pressure from oil spills, untreated sewage, industrial waste, shrimp farms, construction on beaches and encroachment on lake beds. They also support fishing communities, tourism, flood protection and wildlife. No single Act covers them, so students need to know which laws apply to each habitat.

Marine Life and Marine Pollution

• Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976 — fixes India's territorial waters at 12 nautical miles and the exclusive economic zone (the sea area up to 200 nautical miles in which a coastal State has sovereign rights over resources) up to 200 nautical miles.
• Wildlife (Protection) Act, 1972 — protects marine species and allows the declaration of marine sanctuaries and marine national parks, such as the Gulf of Mannar.
• Water (Prevention and Control of Pollution) Act, 1974 — covers inland water and, to the extent notified by the State Government, sea or tidal waters.
• Merchant Shipping Act, 1958 — contains provisions on pollution from ships, including oil spills.
• International law — the UN Convention on the Law of the Sea, 1982 (Part XII) requires States to protect and preserve the marine environment, and the MARPOL Convention, 1973/78 regulates pollution from ships.

Coastal Ecosystems and the CRZ

Coastal ecosystems include mangroves, coral reefs, estuaries, dunes and beaches. They protect the coast from storms and erosion and serve as breeding grounds for fish.

The main legal tool is the Coastal Regulation Zone (CRZ) Notification, issued under the Environment (Protection) Act, 1986, first in 1991 and later revised, most recently in 2019. The CRZ regulates activities on the land between the high tide line and a fixed distance inland and in the intertidal zone. It divides the coast into categories. Ecologically sensitive areas such as mangroves and coral reefs get the strictest protection, and activities like new industries or dumping of waste are restricted or prohibited in sensitive areas.

Lakes and Wetlands

• Lakes are protected through the Water Act, 1974, the Environment (Protection) Act, 1986, State laws and local body rules on encroachment.
• The Wetlands (Conservation and Management) Rules, 2017 regulate activities in notified wetlands, and restrict reclamation, dumping of untreated waste and conversion for non-wetland use.
• India is a party to the Ramsar Convention, 1971, which promotes the wise use of wetlands, covered in Unit V.

Judicial Approach

• In M.C. Mehta v. Kamal Nath, the Supreme Court applied the public trust doctrine, holding that the State holds natural resources like rivers and lake shores as a trustee for the public and cannot hand them to private owners for commercial use.
• In S. Jagannath v. Union of India (1997), the Court ordered the closure of shrimp farms set up in violation of the CRZ Notification and applied sustainable development and the precautionary principle to coastal areas.
• In Hinch Lal Tiwari v. Kamala Devi (2001), the Court protected village ponds and similar water bodies from allotment for private use.

• Territorial waters extend 12 nautical miles and the EEZ up to 200 nautical miles under the 1976 Act.
• The CRZ Notification under the Environment (Protection) Act, 1986 (1991, revised up to 2019) regulates activity along the coast; sensitive areas such as mangroves and coral reefs get the strictest protection.
• The Wetlands (Conservation and Management) Rules, 2017 regulate notified wetlands, including lakes.
• Public trust doctrine (M.C. Mehta v. Kamal Nath) protects natural water resources and shores from private appropriation.

• The Water Act applies to sea or tidal waters only to the extent notified by the State Government.
• Marine protected areas can be created under the Wildlife (Protection) Act, 1972.
• Exam trap: the CRZ is a notification under the EP Act, not an Act of Parliament.

A Practical Example

A developer plans a beach resort on dunes close to the high tide line inside a mangrove belt. The CRZ rules classify mangroves as the most sensitive category, so such construction is restricted or prohibited. Local fishers can challenge the project before the National Green Tribunal or the High Court, relying on the CRZ Notification and the precautionary principle.

Quick Revision Points

• Maritime zones: 12 nautical miles (territorial waters) and 200 nautical miles (EEZ) under the 1976 Act.
• Marine: Wildlife Act (marine sanctuaries), Water Act (sea or tidal waters if notified), Merchant Shipping Act, UNCLOS (Part XII), MARPOL.
• Coast: CRZ Notification under the EP Act (1991, 2019); mangroves and coral reefs most protected.
• Lakes and wetlands: Wetlands Rules, 2017; Ramsar Convention.
• Cases: M.C. Mehta v. Kamal Nath (public trust); S. Jagannath (shrimp farms and CRZ); Hinch Lal Tiwari (ponds).