Article 1: Will Not Let Anyone Touch Aravalli: Supreme Court
Why in News: The Supreme Court refused to allow progress on the proposed Aravalli Zoo Safari Project, asserting that no activity will be permitted until a scientific and holistic assessment of the Aravalli range is completed.
Key Details
- The Supreme Court declined Haryana’s request to submit a revised DPR for the Aravalli Zoo Safari Project.
- The Court emphasised that no intervention in the Aravalli range will be allowed without a scientific expert panel review.
- Earlier, the Court had kept in abeyance its order accepting the 100-metre height definition of Aravalli hills.
- Concerns were raised that redefining hills could open ecologically sensitive areas to mining and development.
Ecological Significance of the Aravalli Range
- One of the Oldest Mountain Systems: The Aravalli range is among the oldest fold mountain systems in the world, extending across Gujarat, Rajasthan, Haryana, and Delhi. Its degradation affects a large ecological zone in north-west India.
- Natural Barrier Against Desertification: The Aravallis act as a natural barrier preventing the eastward expansion of the Thar Desert. Their depletion can increase desertification risks in Haryana, Delhi, and western Uttar Pradesh.
- Groundwater Recharge and Climate Regulation: The range plays a crucial role in groundwater recharge and maintaining micro-climatic balance in the NCR region. Loss of forest cover can intensify heat waves and water scarcity.
- Biodiversity Hotspot: It supports diverse flora and fauna, including leopards and various endemic species. Fragmentation through mining and infrastructure threatens habitat continuity.
Legal and Constitutional Framework for Environmental Protection
- Article 48A (Directive Principles): The State is mandated to protect and improve the environment and safeguard forests and wildlife.
- Article 51A(g) (Fundamental Duty): Citizens have a duty to protect and improve the natural environment.
- Article 21 – Right to Life: The Supreme Court has expanded Article 21 to include the right to a clean and healthy environment.
- Environmental Protection Act, 1986: Provides the legal framework for environmental regulation and empowers authorities to restrict industrial and developmental activities.
- Role of the Central Empowered Committee (CEC): The CEC assists the Supreme Court in forest and wildlife matters, especially in monitoring compliance with environmental norms.
Issue of Definition and Regulatory Implications
- 100-Metre Height Definition Controversy: A government committee proposed defining Aravalli hills as landforms with elevation of 100 metres or more above local relief. Activists argue this may exclude smaller hills from protection.
- Mining Concerns: If hills below 100 metres are excluded, they may become vulnerable to mining and commercial exploitation, particularly in Haryana and Rajasthan.
- Precautionary Principle: The Court’s refusal reflects the precautionary principle, which requires preventive action in the face of environmental uncertainty.
- Holistic Ecosystem Approach: The Court emphasised that Aravalli does not start or end in one state; therefore, ecological decisions must consider the entire range.
Development vs Environmental Conservation Debate
- Zoo Safari Project Proposal: The Haryana government reduced the proposed project area from 10,000 acres to 3,300 acres, arguing it would promote eco-tourism.
- Concerns of Ecological Disturbance: Infrastructure development, roads, and tourist facilities may fragment habitats and disturb fragile ecosystems.
- Sustainable Development Principle: Indian environmental jurisprudence balances economic growth with ecological preservation, ensuring that development does not compromise future generations.
- Judicial Environmentalism: The Supreme Court has historically intervened in matters such as mining bans, forest conservation, and pollution control to uphold environmental rights.
Role of Judiciary in Environmental Governance
- Public Interest Litigation (PIL): Environmental issues often reach the Court through PILs, reflecting judicial activism in ecological matters.
- Expert-Based Decision Making: The Court’s insistence on an independent expert body highlights the need for scientific evidence in policy decisions.
- Federal Environmental Governance: Since Aravalli spans multiple states, coordinated inter-state and Union-level approaches are necessary.
- Judicial Oversight vs Executive Discretion: The case illustrates tensions between state development initiatives and judicial oversight for environmental protection.
Conclusion
The Aravalli issue underscores the need for a scientific, transparent, and ecosystem-based regulatory framework. Clear definitions, inter-state coordination, and strict enforcement of environmental laws are essential. Development projects must undergo rigorous Environmental Impact Assessments (EIA) and adhere to the precautionary and sustainable development principles. Protecting the Aravallis is not merely a regional concern but vital for ecological stability in northern India.
EXPECTED QUESTIONS FOR UPSC CSE
Prelims MCQ
Q. The precautionary principle in environmental governance implies:
(a) Development should be prioritised over conservation
(b) Preventive action should be taken even in absence of full scientific certainty
(c) Polluters should compensate affected persons
(d) Forests should be privatised
Answer: b
Descriptive Question
Q. Discuss the ecological significance of the Aravalli range and analyse the challenges in balancing development and environmental protection in India. (150 Words, 10 Marks)