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ANALYZING ENVIRONMENTAL PROTECTION FROM THE PERSPECTIVE OF MARITIME ENVIRONMENT IN INDIA

Publications, Research paper

ABSTRACT

Amidst increasing global climate concerns, India’s coastal regions faces challenges that has troubled global coastal regions and island nations for a while now, including rising sea levels, marine pollution, and unsustainable development. This paper explores India’s legal framework for maritime environmental protection, focusing on the various international and national legislations and guidelines. Despite comprehensive legislations, gaps still exist in the implementation processes, impacting marine ecosystems and coastal communities. This study aims to analyze these challenges through a comprehensive literature review and proposes strengthening regulatory frameworks, enhancing institutional capacities, and promoting international cooperation. By addressing these issues, the study seeks to contribute to sustainable coastal management, benefiting policymakers, environmentalists, and coastal communities alike.

Keywords: Maritime Law, Environmental Protection, Marine Pollution, Sustainable Maritime Activities, Indian Legislation

INTRODUCTION

India’s coastal and marine ecosystems are rich in biodiversity but faces degradation due to urbanization, industrialization, tourism, and pollution. The country’s approach to climate change has evolved from a focus on domestic resilience to active participation in global efforts. Despite this, the coastal regions of India have been significantly affected by this phenomenon of climate change. It has led to rising sea levels, change in ocean chemistry and increase of natural disasters like storms, floods, tornados, and hurricanes. These greatly affect marine ecosystems and coastal livelihoods.

The Coastal Regulation Zone Notification made under the Environment (Protection) Act of 1986, stands as India’s legal framework for marine conservation. Unfortunately, due to constant amendments, its effectiveness has weakened substantially. There has also been a significant

shift of priority towards economic development over environmental protection over the past decade.

The International Maritime Organization uses instruments like the International Convention for the Prevention of Pollution from Ships to mitigate shipping environmental impacts. Other international laws too, such as the United Nations Convention on the Law of the Sea, aims to reduce maritime transportation’s environmental impacts.

The Merchant Shipping Act of 1958 has also incorporated various of these International Maritime Organisation’s regulations, but practical issues remain when it comes to maritime protection in India. All the while, it is to be noted, Marine Transportation still handle over 90% of global trade by weight, adding that much impact to the environment around it.

An estimation of 8 million tonnes of plastic waste were dumped into Indian Seas in 2010, leaving both coastal as well as offshore ecosystem susceptible to pollution. Plastic is the most recurring forms of pollution in South Asia which goes together with the regions inability to provide proper plastic waste mitigation.

This research paper delves into various literature available on the matter of Environmental conservation from the perspective of Marine Environment and tries to provide suggestions and recommendations on the area’s that they are seemingly lacking in.

RESEARCH METHODOLOGY

  1. Literature Review: A comprehensive review on existing material, including academic publications, articles, government notifications, national and international legislations concerned with the maritime environment, environment in general, and climate change. Databases such as JSTOR, SCConline, Manupatra, HeinOnline, and LexisNexis has been referred to in process of getting these resources. Reports, Conventions, and Legislations from International Maritime Organisation as well as the United Nations has been utilised.
  2. Finding Areas of Focus: There was a focus placed on understanding where India stood on combatting the effects of climate change on the Indian environment, primarily the Marine environment. These impacts could be because of direct or indirect contribution to the matters of climate change.
  3. Legislative Analysis: National as well as international legislations is scrutinised, to understand how well these treaties have been translated to the Indian scenario to solve issues that threatens its ecosystem.

LITERATURE REVIEW

With escalating threats to its coastlines, India urgently needs a faster-paced climate strategy. As a key player in regional climate activities across the Indian Ocean, Arabian Sea, and Bay of Bengal, India’s proactive measures are crucial for enhancing coastal zone and ecosystem resilience. Efforts are underway to establish a comprehensive treaty on marine environment conservation, replacing sporadic legislation and extending beyond national jurisdictions.

However, this does not eliminate the need for robust domestic initiatives to complement international efforts. Integrating science, technology, and lawmaking is essential for sustainably protecting coastal and marine regions. (Basu & Mandal, 2023).

The IMO has issued voluntary guidelines, but there are increasing calls for stricter and mandatory regulations. Such regulations are crucial for managing global marine transportation and its environmental impacts. Technological advancements are pivotal in ensuring stricter compliance and promoting sustainable marine practices. Education and awareness are key to addressing environmental challenges and encouraging adherence to marine standards. Measures like effective waste management significantly impact the mitigation of ship-generated pollution. However, new measures bring new challenges.

Underreported ship strikes and inadequate international mitigation systems highlight flaws in the current system. (Walker et al., 2019).

NU SHI NALINI AND MSC CHITRA KHALIJAA 3

Incidents like Nu Shi Nalini and MSC Chitra Khalijaa 3 Collisions serve as examples to highlight the complex interactions between shipowners and underwriters, and inadequacies within Indian ports procedural infrastructure. The Nu Shi Nalini incident in 2019 saw highly flammable and toxic substance ‘Naphtha’ threaten the marine environment when it fell and drifted off from a chemical tanker due to rough weather. The response involved multiple agencies, including the Indian Coast Guard, the Directorate General of Shipping, and local

authorities with the primary focus being on preventing an oil spill and ensuring the safe removal of naphtha from the tanker which proved hard due to the hazardous nature of the cargo (Chand Meena, 2019).

While the MSC Chitra-Khalijia 3 collison which occurred in 2010 where the MSC Chitra, a container ship, collided with the MV Khalijia 3, resulting in significant damage to both vessels which included cargo containers falling overboard and oil spills. These incidents highlighted several challenges, including the need for timely and effective communication between ships, the importance of stringent navigational protocols, and the necessity of a rapid and well- coordinated response to maritime accidents (Chand Meena, 2019).

LEGISLATIONS IN THE FOREFRONT

Various international treaties and conventions aim to conserve and preserve the marine environment. The International Convention for the Pollution of the Sea by Oil (OILPOL) and the International Convention for the Prevention of Pollution from Ships (MARPOL) are pivotal in mitigating marine pollution. OILPOL, despite being superseded by MARPOL 1973/78, set standards for controlling oil spills but faced limitations due to incomplete flag state participation and evidence collection challenges in Indian waters. MARPOL expanded regulations to cover various ship pollutants, imposing strict discharge conditions and vessel inspections, though India still faces implementation challenges due to enforcement and infrastructure issues. The United Nations Convention on the Law of the Sea (UNCLOS III) grants coastal states rights over their Exclusive Economic Zones (EEZs), emphasizing sustainable resource management (Upadhyay & Upadhyay, 2002).

The Convention on International Trade in Endangered Species (CITES) and the Convention on the Conservation of Migratory Species (CMS) support species protection, complemented by India’s Wildlife Protection Act (WLPA). However, gaps remain in legislation specifically addressing migratory species. The Ramsar Convention on Wetlands emphasizes wetland conservation, but India’s legal framework lacks specific wetland protection laws, relying on indirect provisions. The UNESCO World Heritage Convention highlights the importance of protecting natural heritage, potentially recognizing sites like Olive Ridley nesting areas in Orissa. The Convention on Biological Diversity (CBD) promotes biodiversity conservation,

though India’s legislative alignment with CBD principles faces internal challenges (Upadhyay & Upadhyay, 2002).

Nationally, the Constitution of India extends jurisdiction over marine resources within its territorial waters, continental shelf, and EEZ. The Maritime Zones Act of 1976 expanded these zones to include non-living and living marine resources. Articles 48-A and 51-A(g) mandate the state and citizens to protect and improve the marine environment. Following the U.N. Conference on the Law of the Sea, the Department of Ocean Development issued an Ocean Policy Statement for coordinated management of marine ecosystems (Upadhyay & Upadhyay, 2002).

The Maritime Zones Act (MZA), 1976, grants India exclusive jurisdiction over territorial waters, the continental shelf, and the EEZ. The Coast Guard Act of 1978 establishes the Coast Guard as India’s principal maritime law enforcement body. The Environment Protection Act of 1986 enhances environmental quality and curbs pollution through stringent standards. The Coastal Regulation Zone (CRZ) Notification of 1991 and the Ocean Regulation Zone (ORZ) Notification of 1997 mandate integrated Coastal and Marine Areas Management Plans. (Upadhyay & Upadhyay, 2002).

This Notification has evolved significantly since 1991, reflecting the need for coordinated management of coastal areas amidst growing development pressures. The 2011 version introduced key practices, but regulatory frameworks often lack completeness and are diluted by broad exception clauses. Strengthening the CRZ Notification with precise objectives, rules, and action plans aligned with sectoral policies is essential for sustainable coastal management (Purohit & Markus, 2011).

The Wildlife Protection Act, 1972, protects turtle species, prohibiting hunting and imposing severe penalties. The National Biodiversity Bill, 2000, and other acts like the Marine Products Export Development Authority Act, 1972, and the Indian Fisheries Act, 1897, regulate marine resources. The Indian Ports Act, 1908, and the Coast Guard Act of 1978 mitigate environmental impacts near turtle areas, with the Coast Guard enforcing protections. Despite comprehensive laws, India’s practical implementation is limited, with uncoordinated programs hindering conservation. Effective conservation requires integrated policy frameworks and enhanced international cooperation to balance diverse stakeholder interests and protect marine biodiversity. (Upadhyay & Upadhyay, 2002).

FUTURE OF MARINE LEGISLATIVE DEVOLEPMENT

The future of oceans faces threats from global trade and climate change, with the shipping industry a major emitter of greenhouse gases. Resolving the ‘ecology versus economy’ dilemma requires substantial financial support and accountability, yet developed nations often shift burdens to developing countries. Effective climate action demands state-level planning, secure funding, and rigorous emission monitoring. Transitioning to low-carbon alternatives like biofuels is vital, alongside stronger regulatory frameworks for marine pollution control and ocean health monitoring (Bhat & Parthasarath, 2022).

The development of social jurisprudence in India has always been influenced by the constitutional goal of establishing a Welfare State, necessitating a departure from traditional judicial approaches. Judges have embraced an activist role, notably in protecting rights through judicial activism and the unique concept of Public Interest Litigation (PIL). The Supreme Court of India enforces rights vigorously, even imposing positive obligations on the State, particularly in environmental matters. Despite jurisdictional limits, the Court emphasizes sustainable development, viewing environmental protection as integral to societal progress (Tiwari, 2013).

Coastal development in India driven by urbanization, tourism, and industry has adversely affected coastal resources and marine ecosystems. The CRZ Notification was amended multiple times including in 2019, with aims to manage these challenges. Despite its vigorous framework, weak policy formulation and slow implementation hinder effectiveness to this day (Gaonkar, n.d.).

SUGGESTIONS

  1. Increasing the Strength of Legislations Implemented
  1. CRZ Notification Implementation: The notification’s effectiveness is often undermined by vague provisions and weak implementation despite various amendments it had undergone. There should be a more meticulous regular audits, stricter penalties for violations, and enhanced coordination between coastal states, various authorities in charge of marine protection, central authorities, and local bodies.
  2. Need for More Marine Pollution Response Mechanisms: Various maritime accidents underscore the obvious deficiencies in India’s oil pollution response

infrastructure. Therefore, there is a need for establishing a centralized, well-equipped contingency Plan with clear roles for the various intersectional stakeholders—such as the Coast Guard, port authorities, and private entities—is imperative.

  1. Establishing Regulatory Bodies that Address New Age Issues
  1. Establishment and Empowerment of Regulatory Bodies: Introducing new regulatory bodies as well as strengthening the capabilities and mandates of existing regulatory bodies like the National Coastal Zone Management Authority (NCZMA) and State Coastal Zone Management Authorities (SCZMAs) is crucial combatting old and new problems. They should also be equipped with adequate resources, expertise, and statutory powers to enforce environmental laws effectively.
  1. Promoting Public Participation and Awareness: There should be events and activities that enhance public awareness and participation in coastal conservation efforts. Outreach programs, educational campaigns, and community engagement initiatives should be intensified to foster a sense of ownership and responsibility among coastal communities as well as non-coastal communities. Rather than taking extreme measures with tourism, eco-tourism practices should be promoted with goals of sustainable livelihoods and environmental management.
  2. Strengthening International Cooperation and Global Efforts
  1. Advocating for Global Maritime Standards: India should be actively engaging in international forums like the International Maritime Organization (IMO) to advocate for stringent maritime pollution control measures. There should be a global push for mandatory compliance with MARPOL Annexes and promoting technology-driven solutions for emission reduction and water management. Bilateral and multilateral agreements should be prioritized for information exchange, joint research initiatives, and capacity-building programs to address transboundary marine pollution challenges effectively.
  2. Aligning with Global Conservation Agendas: India should keep trying its best to align its own conservation strategies with global initiatives such as the Sustainable Development Goals (SDGs) and the Convention on Biological Diversity (CBD). There has been notable collaborative efforts with neighboring countries under regional

frameworks like the Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation (BIMSTEC) which has been established to enhance marine biodiversity conservation across shared ecosystems.

  1. Judicial and Policy Reforms
  1. Promote Judicial Activism for Environmental Protection: Judicial activism has always been instrumental in safeguarding environmental rights in India. There have been various landmark judgements as well as movements that led to monumental changes in environmental protection. There is a need to translate the same energy in preserving the immediate and mainland environment into preservation of marine environment and need to address marine pollution, habitat destruction, and sustainable development.
  2. Research and Innovation
  1. Investing in Research and Technology: Promoting research and innovation in marine sciences, oceanography, and environmental monitoring technologies is essential for protecting the marine environment. Further collaborations between academia, research institutions, and industry can facilitate the development of cutting-edge solutions for marine pollution monitoring, habitat restoration, and sustainable fisheries management. Funding initiatives should also prioritize interdisciplinary research that addresses emerging environmental challenges in coastal and marine ecosystems.

CONCLUSION

India’s maritime laws play an important role in balancing economic development with environmental conservation due to its extensive coastline. Despite having comprehensive legislative frameworks such as the Coastal Regulation Zone (CRZ) Notification and international conventions like MARPOL to fall back on, challenges still persist for their effective implementation and enforcement. It still faces significant pressures from marine pollution, climate change impacts, and unsustainable coastal development practices.

To address these challenges, several recommendations and suggestions has been proposed by the author. Some of them being strengthening the CRZ Notification with clearer directives and stringent enforcement measures is essential to protect vulnerable coastal ecosystems from

encroachment and pollution, introducing and improving institutional capacities of regulatory bodies like the National Coastal Zone Management Authority (NCZMA) and fostering international cooperation through forums like the International Maritime Organization (IMO) are crucial steps toward aligning India’s maritime policies with global conservation agendas.

Spotlight is also put on judicial activism, which through decades have done wonders for mainland environmental law and protection, this is further exemplified by Public Interest Litigations which has been instrumental in advancing environmental protection goals. On top of this, emphasis is also placed on promoting research and innovation in marine sciences and technology which will further boost India’s capacity to monitor, mitigate, and respond to pollution effectively.

In conclusion, India must strive for a harmonious balance between economic growth and environmental sustainability in its maritime policies and safeguarding its coastal and marine resources for future generations while contributing to global efforts in environmental conservation.

REFERANCES

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