See discussions, stats, and author profiles for this publication at: https://www.researchgate.

net/publication/228226447

Protection of Mangroves: A Study with Special Reference to India

Article · July 2010

CITATIONS READS
0 1,793

1 author:

Sakthivel Mani
Guru Gobind Singh Indraprastha University
16 PUBLICATIONS   8 CITATIONS   

SEE PROFILE

Some of the authors of this publication are also working on these related projects:

PROTECTION OF AUTHORS’ RIGHT IN LIVE STREAMING: A STUDY IN THE CONTEXT OF DIGITAL BROADCASTING View project

Interface between IPR and Taxation - Indian Perspective View project

All content following this page was uploaded by Sakthivel Mani on 17 October 2017.

The user has requested enhancement of the downloaded file.

 PRO TECTIO N OF MANGROVES: A STUDY WITH SPECIAL
REFERENCE TO INDIA.
M.Sakthivel

1. Introduction.
Over exploitation of natural resources has led to serious environmental problems which
are of global character. At present, it is commonly accepted that environmental protection
is inevitable and essential for the well being and existence of human race. General notion
behind the introduction of various environmental legislations aims at protection of public
interest. Every state has an obligation to protect and improve standard of living of their
people. Preservation of environment undoubtedly forms part of this wider constitutional
obligation. Right to health and the right to get clean and healthy environment are
fundamental human rights.1 Right to clean and livable environment is in fact considered
as a third generation human right. Judicial interpretations adopted by the higher courts in
India incorporated right to environment as part of constitutionally guaranteed rights. 2

Marine ecosystem is one of the most important ecosystems which contain

mangroves, coral reefs and other living things. As like other ecosystem of the earth,
Mangroves are being disturbed by the human beings and their developmental activities.
The interventions in the dynamic ecosystem of mangroves have increased considerably
over the past decades. Deforestation of the mangrove vegetation, Shrimp Culture
Industries and other activities has posed serious challenge on the survival of mangrove
resources. The main aim of this paper is to examine the adequacy of the existing legal
frameworks relating to the protection of mangroves and their viability.


B.A., B.L., (TN Dr. Ambedkar University) LL.M., (Cochin) Advocate, Madras High Court. The author is
deeply grateful to Dr. N.S. Soman, Associate Professor, SLS, CUSAT and Ms. P.S. Seema, Assistant
Professor, SLS, CUSAT for their insightful discussion and comments on this paper. Comments can be
shared with msakthi1985@gmail.com
1
. See Melissa Thorme, “Estabilishing as a Human Right”, 19 DenverJournal of International Law and
Policy 301 (1990-1991).
2
. See Vellore Citizen Welfare Forum v. Union of India, (1996)5 SCC 647.

Electronic copy available at: http://ssrn.com/abstract=1706038

2. Nature of Mangroves and its Extent

The mangroves are fragile, complex and dynamic ecosystem and are dependent
on inter-related, environmental both biotic and abiotic factors.3 Mangroves are
characterized as salt-tolerant and high metal tolerant species 4. Generally mangrove plant
life is found in the tropical and subtropical coasts. It consists of a number of species of
trees and shrubs which can adapt it to survive in the inter-tidal zone. They are basically
land plants growing on sheltered shores, typically on tidal flats, deltas, estuaries, bays and
creeks. The best locations are where abundant silt is brought down by the rivers or on the
backshore of accreting sandy beaches. They need good amount of sun light and have the
ability to soak up fresh water from saline water. 5 Therefore it is very clear that mangroves
can be found not only in the inhabiting extensive tidal mud flats but also along freshwater
riverbanks.

Mangroves structure extremely dynamic ecosystems since the inorganic nutrients,

brought in by the incoming freshwater from land run-off, are trapped to form the source
of energy for many organisms. They constitute a reservoir, refuge, feeding ground and
nursery for many useful and unique plants and animals confined to this region. By way of
the export of decomposable organic matter into adjoining coastal waters, mangroves
provide an important nutrient input and primary energy source for many tropical
estuaries.6

Nearly 80 species of mangroves can be found in the entire world. They can be
divided into two distinct groups: exclusive and non-exclusive. Exclusive mangroves are
the largest group which comprises around 60 types of species. These mangroves are
confined to inter tidal areas and are not seen to exist within any other type of vegetation
community. Non-exclusive group mangroves constitute remaining 20 plant species.

3
. See <http://www.nio.org/Biology/mangrove/MANGCD/fact.htm> accessed 28 May 2010
4
. See Report of the Task Force on Islands, Coral Reefs, Mangroves & wetlands in Environment & Forest
for the 11th Five Year Plan at Page 53.
5
. See Ibid at Page 55.
6
. See Ibid at Page 60.

Electronic copy available at: http://ssrn.com/abstract=1706038

These plants are not restricted to the typical mangrove environment and are often found
within drier, more terrestrial areas. Examples include Hibiscus tiliaceus and Barringtonia
acutangula.7

The mangroves of India comprise of 69 species of the mangroves are widely

available in India under 42 genera and 27 families. The mangroves provide shelter to the
wild animals in Sunderbans, Orissa and Andaman and Nicobar Islands. India has only
2.66% of the world's mangroves and it covers nearly 4827 sq.km. Out of India's total area
under the mangroves, about 57% are found on the East Coast, 23% on the West Coast
and remaining 20% on the Bay Islands (Andaman and Nicobar). The mangroves can be
found in Andaman and Nicobar Islands, where many tidal estuaries, small rivers, neritic
islets, and lagoons support a rich mangrove flora. 8

3.Unique feature of Mangroves

Mangroves can grow where no other tree has grown before. This is the unique feature
of mangroves. They are able to survive in soil which is inundated with salt water and also
in soil which is anaerobic. All these things are made possible for the mangrove trees by
their aerial roots called Pneumatophores. In order to avoid suffocation in the oxygen
poor mud, mangroves develop aerial or air-breathing roots called pneumatophores. The
pneumatophores extend upward from the underground roots above the soil surface. 9 The
aerial roots have tiny pores called lenticels which are used for respiration. Only air can
get through the lenticels, not water or salts. All aerial roots also contain large air spaces
called aerenchyma which acts as a reservoir of air during high tide when all the aerial
roots may be underwater. Root membranes prevent salt from entering into the plant

7
. See Mangroves management in the Northern Territory,
<http://www.nt.gov.au/nrtea/wildlie/nature/pdf/mangroves/2-mangroves-ecosystem.pdf> accessed 28 May
2010 at page 4.
8
. See Report of the Task Force Plan at Page 60. Some of the important Mangrove species in India are as
follows: Avecennia alba, Avecennia officianalis, Avecennia marina, Bruguiera cylindrical, Kendella
candel, Rhizophora apiculata, Sonneretia species.
9
.Adaptations: Morphological and Physiological
<http://www.flmnh.ufl.edu/fish/southflorida/mangrove/adaptations.html> accessed 28 May 2010

3
which makes them salt resistant. They also provide structural support in the soft mud. 10 In
addition to this, roots also act as a natural shelter 11, natural water filter 12 and stabilizer of
coastal and river banks13.

4. Significance of Mangroves:

The mangrove lands were considered as "waste land" in the past but they have
recently been treated as a valuable ecosystem, especially for their special characteristics.
Local community peoples have been traditionally utilizing since long back for variety of
purposes. Values of mangroves are recognized as "tangible" and "intangible" benefits.
The forest of the mangrove ecosystem gives the following tangible economically
important benefits. They provide a source of firewood and wood products such as timber,
poles and posts. Feeding, breeding and nursery grounds for a number of commercially
important fish, prawn, crabs and mollusks are also provided by mangroves. It also forms
a source for Raw materials for the wood-based industry of various natures and including
board mills, rayon mills, match factories and charcoal products etc., mangroves are an
important souse for Non-timber products including tannin (mostly from bark) to supply
raw materials for leather tanning industries, fishing net processing units and thatching
material for roofing. Mangroves form a valuable source for Edible products including
honey and wax, game animals, meat and fruits, drinks and sugar. It supplies Protein rich
fodder for cattle. It shelters commercially important fish and prawn stocks. It is the
habitat for wildlife ranging from migratory birds to estuarine crocodiles, tigers etc., and
Mangroves Promote tourism. The filtering effects of mangrove forests protect vital coral
reefs and sea grass beds from damaging siltation. 14

10
. Mangrove Trees, See < http://www.naturia.per.sg/buloh/plants/mangrove_trees.htm> accessed 28 May
2010
11
. Tree climbing crabs and sea snails climb up their aerial roots at high tide to avoid aquatic predators. The
roots provide a surface for all kinds of creatures from algae to shellfish and the tangle of roots provides
hiding places for young fishes and shrimps from larger predators.
12
. Underwater, a huge number of filter-feeders such as sponges, shellfish are fastened on the tangle of
roots. These filter feeders clean the water of nutrients and silt. As a result, clear water washes out into the
sea, allowing the coral reef ecosystem to flourish.
13
. Mangroves‟ roots prevent mud and sand from being washed away with the tide and river currents. As the
mud builds up and soil conditions improve, other plants can take root. Mangrove trees also slowly
regenerate the soil by penetrating and aerating it.
14
. See Junaid K.Choudhuri, "Sustainable Management of coastal mangrove forest Development and social
Needs" < http://www.fao.org/forestry/docrep/wfcxi/PUBLI/V6/T386.PDF> accessed 28 May 2010.

4
In addition to the said economic benefits, several mangrove plants are used in indigenous
medicine, such as Bruguiera gymnorrhiza for diarrhoea and blood pressure, Rhizophora
mucronata for angina, Acanthus ilicifolius for asthma and rheumatism, Lumnitzera
racemosa for herpes and itches, and Cynometra ramiflore and Excoecaria agallocha for
leprosy. These plants are used for curing elephantiasis, abdominal troubles and skin
diseases. They also cure sores, leprosy, headaches, rheumatism, snake bites, boils, ulcers,
diarrhea and Haemorrhages. 15

The Mangrove Ecosystem provides some intangible benefits. These benefits are
ecologically very important. Mangrove productivity16 is one of the important intangible
benefits because it has direct impact on the health and function of the marine food chain
and also its quantity is very high. The reason is that they receive energy form both land
and sea. Detritus is the main energy resource in the tropical estuaries and mangroves are
frequently the producer of this organic litter. 60% of leaf material in tropical estuaries
derives from mangroves. Gross primary production in mangroves is seasonally variable
but generally comparable to sea grasses and more than coral reefs. 17

Like other plants, mangroves convert energy from the sun into organic matter.
When the leaves and branches of a mangrove get down they give a variety of aquatic
animals such as molluscs, crabs and worms with a primary source of food. These primary
level consumers in turn support an array of secondary consumers, including small fish
and juvenile predators such as barramundi which, when mature, become third level
consumers.18

It helps in mud flat formation and control of erosion. Further it has the capability
to check inland salinity intrusion and also has enhanced capability to combat the impact
of cyclone and tidal surge. It plays a significant role as a shelter belt during storms and
cyclones.19

15
. See V.P.Upadhyay, Rajiv Rajan and J.S.Singh, "Human-mangrove conflicts: The way out", Current
Science, Vol.83, No.11, 10 December 2002, p.1328 at 1332
16
. Productivity is a concept used to describe the ecological value or function of a vegetation community.
17
. See Report of the Task Force at Page 51.
18
. See Mangroves management in the Northern Territory(n.7) at page 8.
19
. See Junaid K.Choudhuri,( n.14)

5
4.1. Role of Mangroves during Tsunami and Storms:

Mangrove green belts protect lives against natural disasters such as cyclone,
Tsunami, etc., Coastal forests can also act as windbreaks in reducing destruction in
coastal communities resulting from cyclones. A thick area of forest with high densities of
trees with their branches and stilt roots will give greater shelter than a degraded forest or
a forest in which trees are widely spaced or there are few branches. If the density of the
mangrove forests are high, it will help to reduce the force of waves because of the
resistance provided by stilt roots as well as the trees' trunks and branches. 20

As widely reported, extensive areas of mangroves can reduce the loss of life and
damage caused by tsunamis. For example when the time of Tsunami, the Pichavaram
mangrove forest in Tamil Nadu slowed down the waves and protected around 1700
people living in hamlets. In Malaysia, in areas where the mangrove forests were intact,
there was reduced damage.21

The protective role of mangroves have been clearly identified by two scientists
from Tamilnadu. 22. They have studied the effects of the 2004 tsunami on 18 costal
hamlets on the east coast of India and concluded that the distance of a hamlet from the
sole elevation and the amount of dense vegetation between the hamlet and the sea were
effective protection against the human death and the loss of property. Mangroves positive
impacts were already noticed in the Bangladesh cyclone of 1991. Gujarat and Orissa are
being continually affected by the cyclones. But the quantum of destruction has been
considerably reduced where sufficient mangrove buffers are present.23 It is very evident
that Mangroves protect the living resources against natural calamities.

4.2. Role of Mangroves in the Earning of Carbon Credits:

Global warming is one of the most important and serious issue in the present
scenario. At present, International community is also discussing the same at various

20
. See Report of the Task Force at Page 56.
21
. See <http://www.fao.org/newsroom/EN/news/2005/89119/index.html> accesses 12 June 2010
22
.K.Kathiresan and N.Rajendran, Comments on “Coastal Mangrove Forests Mitigated Tsunami”,
Estuarine, Coastal and Shelf Science, Volume 65, Issue 3, November 2005, p 601-606.
23
. See Report of the Task Force at Page 56.

6
levels. As a result of global warming, the global temperature is increasing at alarming
level. By 2025, the atmospheric concentration of CO2 is expected to rise by
approximately 440 ppm. During the next 25 years, average atmospheric CO2
concentrations may increase from the current average of 370 ppm to 410 ppm. As a
result of that, the temperature may rise by 0.5 – 0.9oC, and sea level may also rise by 3 –
12 cm24.

Carbon compensate is a novel concept which targets to tackle global warming.

Even though the concept has been put forwarded dates back to 1989, it only took shape as
a market able commodity after the Kyoto Protocol on global warming. The Protocol puts
obligation on the developed nations to reduce the greenhouse gas emissions by an
average 5 per cent compared to 1990 levels between 2008 and 2012.25

Instead of reducing the emissions country-by-country, carbon emission trade

creates a choice where most polluting and industrialized countries can spend the money
to cover the costs of reducing pollution or else continue polluting and pay someone else
to cut their pollution. Right now most of the East African countries try to make cash out
of selling carbon credits by way of growing mangroves. 26

Mangrove forests can be a secret weapon in the fight against the climate change.
Mangroves have a vital role to play in reducing the impacts of climate change and
extreme weather events. In addition to that they also have huge potential to store carbon
in their root systems.27

Kenya Marine and Fisheries Research Institute has initiated a project especially
for the Communities living on the coastline. As a result of this project local community
of that area will soon be earning cash from the global carbon emissions. The carbon
credits trade will encourage the local communities to plant more mangrove trees to

24
. Daniel M.Alongi, "Present state and future of the world's mangrove forests", Environmental
Conservation 2002, Vol.29(3), pp.331-349 at 340.
25
. See Art.3 of the Kyoto Protocol, 1997.
26
. See East Africa taps into carbon trading, < http://www.carbonoffsetsdaily.com/global/east-africa-taps-
into-carbon-trading-12134.html> accessed 10 June 2010.
27
. See Mangroves a secret weapon in combating climate change,
<http://www.earthwatch.org/Europe/newsroom/corporate_partnerships/news-6-huxham.html> accessed 10
June 2010.

7
replenish the declining stock of aquatic life. Further it says the net benefit of carbon
emission trade using the mangrove forests is close to $3,000 per hectare yearly, which is
more than income generated from the sale of the wood products.28 Therefore, it is
obvious that Mangroves help to reduce global carbon dioxide levels and to tackle the
global warming issues. This is also another ecological importance of mangroves.

5. Threats to Mangroves

Mangroves are being affected by the human beings and their developmental
activities. Interventions of the human activities have considerably increased over the past
decades in the dynamic ecosystem. Just like other natural resources, mangroves are being
exploited and destroyed in the global level. Most of the nations paid very least attention
towards the mangrove lands in the past 29. In the 18th century the Sunderbans was twice its
present size, which was lost to agricultural lands of the adjoining landlords. 30 In India,
total mangroves area was 674 thousand ha in 1987 and the same was reduced to 482.7
thousand ha in 1997. 31

Deforestation of the mangrove vegetation, Shrimp Culture Industries and other

activities has posed serious challenge on the survival of mangrove resources. Population
and economic growth inevitably changed the use of mangroves lands for diverse purposes
such as construction of roads, ports, harbors, industries and urbanization etc., Mangroves
were alternatively used especially for the production of fish and prawns and succeeded in
fetching higher monetary gains over a short period and land to the conversion of
mangroves to fish ponds. This led to the conversion of mangrove lands into salt beds and
paddy fields brought in huge profits within a short period.32 Disposal of Waste water
effluent of the factories, direct dumping of municipal wastes into the rivers, pesticide run-
off from neighboring agricultural areas and accumulation of heavy metals into the

28
. See East Africa taps into carbon trading (n.27)
29
. The mangrove forest in Thailand depleted from 3,60,000 ha in 1960 to 1,74,000 ha in 1991 and while
that in Malaysia decreased from 5,05,300 ha to 2,69,000 ha between 1980 and 1990. In Indonesia, 75% of
the major cities having over 1,00,000 inhabitants are located in coastal areas, most of which were mangrove
forests. By 1990 about 2,69,000 ha of mangroves in Indonesia were converted to fishponds. In the
Philippines, 1,69,852 ha of mangroves disappeared between 1967 and 1976.
30
. See Junaid K.Choudhuri (n.14).
31
. See <http://www.fao.org/DOCREP/X8080/x8080e07.htm>. visited on 12.09.2009.
32
. See Junaid K.Choudhuri (n.14).

8
mangrove ecosystems, are causing definite stress on them. Another one is oil pollution. It
is unavoidably increasing in mangrove areas from shipyards, ship breakers, offshore oil
wells, oil tanker accidents and washing of tanks in coastal waters.33 These are all the
factors which affect mangroves forests.

From the above discussion it is very evident that with in the last two or three decades,
density of the mangroves has been considerably reduced in the world. Therefore there is
need to examine the existing legal framework in national, international context and
administrative measures for the protection of mangroves along with judicial decisions and
their viability.

6. International level Protective measures for Mangroves

In the international level, there is neither any specific Convention, nor any other
mechanism which deals with the protection of mangroves. However, from the existing
international documents, an indirect obligation of the States to protect and preserve
mangroves could be inferred.

The Convention on Wetlands of International Importance especially Waterfowl Habitat,

an international treaty adopted on 1971 at Iran, came into force in 1975, and is widely
known as the Ramsar Convention. The Ramsar Convention provides the framework for
national action and international cooperation for the conservation and wise use of
wetlands and their resources34. It recognizes the importance of wetlands as the key
elements of inland waterways and coastal systems 35. Most of the mangroves are situated
in the wetland sites. Such mangroves are protected by the Ramsar Convention. 36

Stockholm Declaration also, though not directly, could be used as another

international document which mentions the mangroves and their protection, which says
that all the natural resources including air, water, land, flora and fauna should be

33
. See Junaid K.Choudhuri (n.14).
34
. See the Ramsar Convention, art.2
35
. See the Ramsar Convention, art.1.
36
. For example, a well known Sunderban forest is covered by the Ramsar wetland site.

9
protected by careful planning.37 Here natural resources include the mangroves also.
Therefore, this provision can be very well read in order to protect mangroves. Principle 7
speaks about the protection of the marine living resources and also protects the marine
environment. We know that the marine life includes the mangroves also. Therefore we
can say that this provision also gives an obligation to the countries to give effective
protection to the mangroves also. 38 Rio Declaration is another international legal
document, which specifically emphasizes on sustainable use of the natural resources
which is based on the Sustainable Development Principle. 39 Rio envisages the
precautionary principle40 and the polluter pays principle 41 for the sustainable use of
natural resources.

Agenda 21 is also one of the outcomes of the Rio declaration. It says about the
protection of the oceans, all kinds of seas, including enclosed and semi-enclosed seas,
and coastal areas and the protection, rational use and development of their living

37
. Stockholm Declaration on Human Environment, principle 2 says "The natural resources of the earth,
including the air, water, land, flora and fauna and especially representative samples of natural ecosystems,
must be safeguarded for the benefit of present and future generations through careful planning or
management, as appropriate”.
38
. Stockholm Declaration on Human Environment, principal 7 says "States shall take all possible steps to
prevent pollution of the seas by substances that are liable to create hazards to human health, to harm living
resources and marine life, to damage amenities or to interfere with other legitimate uses of the sea".
39
. United Nation General Assembly constituted the World Commission on Environment and
Development, popularly known as the "Bruntland Commission" under the leadership of Gro Bruntland,
Prime Minister of Norway. In 1987, the Commission submitted its report, Our Common Future, well
known for its espousal of the principle of "sustainable development". The concept reads as follows;
Sustainable development is development that meets the needs of the present without compromising the
ability of future generations to meet their own needs. It contains within it two key concepts: the concept of
'needs', in particular the essential needs of the world's poor, to which overriding priority should be given;
and the idea of limitations imposed by the state of technology and social organization on the environment's
ability to meet present and future needs.
40
. At the center of the precautionary principle is the concept of taking anticipatory action in the absence of
complete proof of harm, particularly when there is scientific uncertainty about causal links. The
precautionary principle states that decision-makers should act in advance of scientific certainty to prevent
harm to humans and the environment.
41
. As per the OECD Joint Working Party on Agriculture and Environment (2001) Polluter Pays Principle
means "... the polluter should be held responsible for environmental damage caused and bear the expenses
of carrying out pollution prevention measures or paying for damaging the state of the environment where
the consumptive or productive activities causing the environmental damage are not covered by property
rights.". However the concept has been interpreted very widely by the judiciary in Indian Council for
Enviro Legal Action v. Union of India, AIR 1996 SC. 1468. The court held that "The Polluter Pays
Principle means that absolute liability of harm to the environment extends not only to compensate the
victims of pollution, but also to the cost of restoring environmental degradation. Remediation of damaged
environment is part of the process of sustainable development ."

10
resources.42 It envisages that the coastal areas should be protected through sustainable
development and integrated management. This Integrated management and sustainable
development of coastal and marine areas has been implemented in order to protect coastal
and marine environment and their living resources. These are the international legal
frameworks which expressly as well as impliedly cover and address the concern of
mangroves. In the very beginning of the 21st century, internationally an attempt was made
to prepare a code of conduct for the sustainable management of mangrove ecosystem
because of the importance of mangroves 43. However the same is still remaining as a draft.
It is yet to be made real.

From the discussion above, it is very clear that there is no sound mechanism, nor a
strong obligation on the part of the States to protect and preserve Mangroves in the
International law. So, quite naturally, the answer lies with the domestic law. This paper
in the rest of the parts deals with how the Indian legal, executive as well as judicial
system contributes towards solving this serious problem.

7. Protection of Mangroves in India - Legislative Measures

After the Stockholm Declaration in order to comply with the international

obligations, India has amended its Constitution and added new articles namely Article
48A and Article 51A (g).44 Article 48A of the Indian constitution puts an obligation on
the part of the state to protect and improve the environment.45 Simultaneously India has
enacted various environmental legislations like Water Act 46, Air Act47, Forest
Conservation Act48 etc., Some of the provisions can be used to control the untreated
effluents into the mangroves area as per the Water Act.

42
. See chapter 17 of the Agenda 21.
43
. This Draft was prepared by Prof. Donald J. Macintosh and Dr. Elizabeth C. Ashton. World Bank, ISME
and cenTER Aarhus jointily initiated to bring out this draft <
http://www.mangroverestoration.com/MBC_Code_AAA_WB070803_TN.pdf > accessed 10 May 2010.
44
. These two Articles were added through 42nd Constitutional Amendment Act, 1976.
45
. Indian Constitution, article 48A reads: "Protection and improvement of environment and
safeguarding of forests and wild life. – The State shall endeavour to protect and improve the environment
and to safeguard the forests and wild life of the country.
46
. Water (Prevention and control of Pollution) Act, 1974.(India)
47
. Air (Prevention and control of Pollution) Act, 1981. (India)
48
. Forest (Conservation) Act, 1980. (India)

11
 Indian Forest Act 1927 was enacted by the British – Indian Government to
regulate the forest based produces. This act classifies forest in to four categories 49 viz.,
Reserved forest, Village forest, Protected forest and Private forest.

Even though the Forest Act gives least protection to the forest, it regulates all of
the forest on the basis of above said four categories. All of the mangrove forests are in
one way or other way covered by the above said four types of forest. Later government
realized the inability of the Indian forest Act, 1927 to guard the forest and enacted a new
legislation namely Forest Conservation Act, 1980 for the purpose of providing effective
protection to the forest resources. This Act mandates prior approval from the Central
Government for using forest land for the non-forest purpose. It restricts the forest lands
being utilized for the non-forest purposes.50 The same provision could be used to protect
mangroves forest and the mangrove forest areas against the conversion into non-forest
purposes.

In India, mangrove forests declared as Reserve Forests, Reserve Lands or

Sanctuaries are protected by the Forest Department of the concerned State/Union
Territories. Mangrove areas of the country are represented in the Sunderbans Tiger
Reserve, Bhitarkanika, Coringa, Nelapattu, Point Calimere Wildlife Sanctuaries, Pirotan
National Park and other areas. Among these protected areas, Sunderban forest is one of
the largest forests which contain large area of mangroves forest. The Sundarban forest
which is located in the river belt of Ganga in India and Bangladesh comprises the single
largest piece of mangroves in the globe. The total area extends to around 10,000 sq.km
and comprises around 6, 50,000 ha of mangroves. The Sunderban is extremely rich in
floral and faunal diversity and has economic significance for the local people of the
adjacent districts. This forest is considered as one of the oldest examples of 'wise use' of
wetland. The entire forest area has been declared as a World Heritage site under Ramsar
Convention. 51 The same is also protected as reserved forest as per the 1927 Forest Act.52

49
. See the Indian Forest Act, 1927 Chapter II to Chapter V
50
. The Forest Conservation Act, 1980 s 2
51
. See <http://www.unmep-wcmc.org/sites/wh/pdf/Sundarbans%20%5Bboth%5D.pdf> accessed 5 May
2010
52
. Sunderban forest is also a reserved forest under 1927 Act.

12
Other than this Sunderban forest, some other areas have been notified under Ramsar
Convention. Amongst them Vembanad-lake in Kerala is one of the important wetland
sites which contain this mangrove forests. This wetland site has been protected under
Ramsar Convention since 2002.

In addition to the protection afforded under the Indian Forest Act, some mangrove
forests are protected under the Marine Protected Areas (MPAs). The MPAs are notified
under Wildlife (Protection) Act, 1972 either as National Parks or as Wildlife Sanctuary53.
About 7,300-sq.km area of inter-tidal zone has been notified under the Wildlife
(protection) Act.54 In addition to above said legislations, Environment (Protection) Act,
1986 (EPA) also gives protection to the mangroves. Section 3 of the Act says about the
power of Central Government to make rules and measures in order to protect and
improve the environment. For the purpose of implementing these measures, Central
Government may make rules to regulate environment pollution. 55 As per this section
Central government has made various notifications and rules to regulate environmental
pollution.56 Likewise it protects and regulates the coastal area. The Coastal Regulation
Zone (CRZ) Notification has been introduced with three main objects. It aims to
maintain a balance between development needs and protection of natural resources. CRZ
prohibit or regulate certain activities which are harmful for both coastal communities and
their environment. Is also protects the livelihoods of millions of people through the
sustainable management.

53
. See of the Wildlife (Protection) Act, 1972 Chapter 4 and 4A
54
. In West Bengal, about 50% of total Sundarbans mangroves gets protection and an area of 4,263 sq. km
are notified as „Reserved Forests‟. In Orissa, Bhitarkanika covers 133 sq. km and Gahirmatha has 15 sq. km
of mangroves. Some part of mangroves in this state is not part of MPAs and notified forests. In Andhra
Pradesh, about 60% of total mangroves are in MPAs and also notified forests. In Tamil Nadu, the Point
Calimere Wildlife Sanctuary has only small areas of mangroves and the remaining mangroves are protected
under the R.F. Pichavaram, which has good mangrove area, is not part of MPAs but is protected under R.F.
In Gujarat, 14% of total mangroves are coming under MPAs. Mangroves in Kachchh are not notified as
„Reserved Forests‟. The forests that are not notified are found to be present in Porbandar, Junagadh,
Bhavnagar, Bharoach, Surat, Valsad, Mundra and Kandla Port. In Andaman and Nicobar Islands, major
part of mangroves is not coming under MPAs. However, substantial areas receive protection as MPAs and
notified forests in Mahatma Gandhi, Rani Jhansi Marine National Parks and other Sanctuaries.
<http://www.envfor.nic.in/divisions/cs/mangroves/NSAP/Annexure%20IV.pdf> accessed 5 May 2010.
55
. See Environment (Protection) Act, 1986, S. 6.
56
. For example, under this section government has made the Hazardous Waste (Management and
Handling) Rules, 1989, Bio-medical waste (Management and Handling) rules, 1998, Coastal Regulation
Zone Notification etc…

13
 This is the first legal regulation which expressly addresses the concerns of
mangroves vegetative community. Sec 6 (1) provides some of regulatory methods in the
coastal areas which includes mangroves area. In order to regulate development activities,
the coastal stretches within 500 meters of High Tide Line on the landward side have been
classified into four categories, namely: CRZ I, CRZ II, CRZ III, and CRZ IV.

The CRZ I areas are the most sensitive ones, where no developmental activity is
permitted. It includes ecologically sensitive and important, such as national parks/marine
parks, sanctuaries, reserve forests, wildlife habitats, mangroves, corals/coral reefs, areas
close to breeding and spawning grounds of fish and other marine line, etc., In India all the
states have demarcated that all mangroves vegetative community areas as CRZ I. As per
this notification, all mangroves forests with an area of 100 m2 or more are classified as
CRZ I, with a buffer zone of at least 50 m. Therefore, the CRZ notification 1991 gives
clear emphasize on the significance of mangrove system by way of putting limitations on
the use of these ecologically significant areas for any developmental activity. CRZ IV
also contains mangroves forest (Andaman and Nicobar Islands).

Even though Coastal Regulation Zone notification 1991 addresses the concerns of
the mangroves forest, it does not provide adequate protective methods to protect
ecologically important vegetative community. The reason is that some exceptions are
available to establish industries in that ecologically sensitive area. This is the main pitfall
of the said notification. Further the Comptroller and Auditor General of India report,
2006 points out in paragraph 5.1.1 that „The Ministry of Environment and Forests did not
enforce the Coastal Regulation Zone Notification effectively resulting in extensive
destruction in coastal areas due to industrial expansion‟.57 It clearly shows the
ineffectiveness of the enforcement mechanisms.

The MOEF drafted a new Coastal Zone Management notification on the basis of
the Swami Nathan committee 58 which recognized the importance of the mangroves. Like

57
. See Manju Menon and Aarthi Sridha r, “An appraisal of Coastal Regulation Law in tsunami-affected
mainland India” <http://www.dakshin.org/DOWNLOADS/PTEI-I_Policy.pdf> accessed 5 May 2010
58
. The Government of India constituted an Expert Committee under the Chairmanship of Prof. M. S.
Swaminathan in 2004 to conduct a comprehensive review of the Coastal Regulation Zone Notification,
1991, in the light to the findings and recommendations of all previous Committees, judicial

14
CRZ, it divided the coastal area into four. CZM I comprised of ecologically sensitive
areas such as mangroves and sand dunes. Like CRZ, CZM I also failed to define the
ecological significance area on the basis of the quantity and characteristics.
All the activities in CMZ-I areas would be regulated by the State or Union territory
Coastal Zone Management Authority concerned on the basis of an Integrated Coastal
Zone Management Plan (ICZMP) to be prepared by the States or Union Territories
Administration with the help of National Institute of Sustainable Coastal Zone
Management and other institutions. In the CZM I area the development activities would
be carried out subject to the “technical feasibility and costs” which should be consistent
with the provisions of the National Environment Policy (NEP). The NEP has been drafted
on the basis of the recommendations of the Govindarajan Committee Report on
Investment Reforms. Critics of the NEP claim that under the garb of safeguarding
livelihood and development concerns, the NEP water downs environmental guidelines in
order to promote the pro-industrial development measures rather than pro-environment
activities. 59 Therefore it is very clear that the proposed notification also failed to address
the concerns of the mangroves in the effective manner. However it lost its validity on
July, 2009.60 Instead of the proposed notification Government has decided to amend the
CRZ notification61.

From the above discussion one can come to a conclusion that Indian legislations
are trying to protect the mangroves form the degradations. Even though no special
legislation or specific legal rule addressing the issue is available for the conservation of
the mangroves, there are statutes which indirectly protect the mangroves forest.

pronouncements, representations of various stakeholders and suggest suitable amendments, if necessary, to

make the regulatory framework consistent with well established scientific principles of coastal zone
management. The Committee submitted its report on February, 2005.
59
. See for the same types of arguments M Menon, S Rodrigues and A Sridhar, “Coastal Zone Management
Notification „07 Better or bitter fare? < http://www.dakshin.org/DOWNLOADS/BitterorBetterFare.pdf>
accessed 5 May 2010 at p 10.
60
. Lapsing of Costal Management Zone Notification 2008, MoEF India.
<http://envfor.nic.in/divisions/iass/2009-07-24%20Press%20Release%20-%20CMZ%20Lapse.pdf>
accessed 28 May 2010
61
. Joydeep Gupta, India to prepare new rules to save its coastline,
<http://www.thaindian.com/newsportal/enviornment/india-to-prepare-new-rules-to-save-its-
coastline_100213629.html> accessed 28 May 2010

15
8. Protection of Mangrove in India: Executive Measures

Like conservation of the other natural resources, so many administrative measures have
been taken for the conservation of the nature. Some of the conservations activities have
been discussed in the following passages.

8.1. Scheme on Conservation and Management of Mangroves

The Ministry of Environment and Forests launched a Scheme on Conservation and

Management of Mangroves and Coral Reefs, 1986-1987 which was in tune with the
protection of mangroves and other ecosystems. 62 The objectives of the Scheme on
Conservation and Management of Mangroves and Coral Reefs, 1986 were63 to conserve
and protect the Mangrove vegetations from the further degradation. Afforestation of
degraded Mangrove areas form part if its goal. Restoration of the degraded Coral Reef
areas was another objective. Conservation of the genetic diversity including that of the
threatened and endemic species as well as creation of awareness among the people about
the importance of Mangrove/ Coral Reef Ecosystem forms another objective of the
scheme. It also aimed at creating awareness among the general public regarding the need
for the conservation of mangroves and coral reefs.

The above said objects were considered as immediate objectives of the Scheme on
Conservation and Management of Mangroves and Coral Reefs. Further this scheme had
various activities to be carried out. Survey and demarcation Restoration measures:
Natural regeneration, Afforestation, Nursery development, Protection measures,
Education and awareness and Research on various aspects of Mangroves and Coral Reef
Ecosystem forms part of the activities envisaged under the scheme.

In order to achieve the objectives of the Scheme on Conservation and Management of

Mangroves and Coral Reefs and to ensure that the activities envisaged therein were
achieved the government reconstituted National Committee and Research Sub Committee

62
. See <http://gujenvfor.gswan.gov.in/wildlife/wildlife-mangroves.htm> accessed 28 May 2010
63
. See conservation and Management of Mangroves, <http://envfor.nic.in/icrmn/events/con_mng.html.>
accessed 28 May 2010

16
on Mangroves and Coral Reefs. State governments and union territories had nodal
agency as well as streaming committees to oversee the implementation of the scheme.

As a result of this programme, from the State of Forest Report 1999, the Mangrove Forest
coverage in the country is 4,871 sq. km. It has shown significant increase by 615 sq. km.
during 1991-99. It clearly showed an increase of 338 sq. km. during 1995-99.64

8.2 National Mangrove Genetic Resource Centre

As a result of disaster caused by the super cyclone in the year 1999,

importances of mangroves have been identified. For the purpose of identifying the
damages caused to the mangroves when the time of super cyclone, a „Task Force‟ was
constituted. The study conducted by the task force reviled the importance of Mangroves
in protecting coastal ecology from natural calamities like cyclones, hurricanes and tidal
waves.

Further this task force suggested establishing a National Mangrove Genetic

Resource Centre in Orissa to assist conservation of the threatened and endangered species
of mangroves. Further this centre would contribute to research and development in the
area of mangrove conservation. It also aims at afforestation and regeneration of
mangroves.

8.3. National Environment Policy, 2006.

Conservation of environmental resources is one of the main focuses of the

National Environment Policy. The prime object of the conservation is to ensure that
people who dependent on particular resources should get better livelihoods from the fact
of conservation, than from degradation of the resource.65 The National Environment
policy recognizes the importance of the mangroves. Poorly planned human settlements,
inadequate institutional capacities for and participation of local communities in,
formulation and implementation of coastal management plans, lack of consensus on

64
. Ibid.
65
. See the National Environment Policy, 2006 preamble

17
means of provision of sanitation and waste treatment are some of the important factors66
that threatens the existence of mangroves forest
So as to evade, the following further actions will be taken up: In order to overcome the
above mentioned problems it would be necessary to mainstream the sustainable
management of mangroves into the forestry sector regulatory regime, ensuring that they
continue to provide livelihoods to local communities. It is imperative to disseminate
available techniques for regeneration of coral reefs, and support activities based on
application of such techniques. The sea-level rise and vulnerability of coastal areas to
climate change and geological events shall be explicitly considered in coastal
management plans, as well as infrastructure planning and construction norms. A
comprehensive approach to Integrated Coastal Management by addressing linkages
between coastal areas, wetlands, and river systems, in relevant policies, regulation, and
programs has to be adopted. Development of strategy for strengthening regulation, and
addressing impacts, of ship-breaking activities on human health, and coastal and near
marine resources are to be made.67

Further this National Environment Policy puts obligations on the part of the National
Forest commission to review the policy, legislative and institutional basis for the
management of management of mangrove forest. Especially it envisages the National
Forest Commission to focus the public investments on the enhancement of the density of
the Mangroves forest.68

8.4. Management Action Plan

Wetlands, mangroves and corals are considered as dynamic ecosystem which can
be easily influenced by the human factors as well as natural factors. So as to ensure the
maintenance of biodiversity and productivity and to allow wise use of their resources, an
overall agreed in regard to various sectors involved for their management. The
management planning process is called „Management Action Plan‟ (MAP).

66
. See the National Environment Policy, 2006 Para 5.2.7
67
. Ibid.,
68
. Ibid.,Para 5.2.3.

18
 The Central Government gives 100% assistance for research on Mangroves as
well as for the implementation of approved MAP. This financial assistance shall be made
available to the various components69 which will help the conservation and management
of mangroves. Currently approved MAPs are being implemented in 38 mangrove areas
and 4 coral reef areas all along the Indian coastline. New mangrove/coral reef areas can
be identified by State Governments for their inclusion in the management action plans. 70

In addition to the above said administrative measures, Government of India and

Mangroves for the future (MFF) 71 have jointly taken measures to protect and improve the
mangroves. They have jointly prepared a (draft) National Strategy and Action Plan which
gives more focus on the conservation of Mangroves. 72

8.5. Non-Governmental Organizations

Other than these Administrative measures, there are non-governmental organizations

doing research for the conservation of mangroves. Usually they are doing research in
collaboration with the government organizations. M.S.Swaminathan research Foundation
is one of the non-governmental research institutes which has undertaken research
programmes in collaboration with the various government organizations. 73

69
. Admissible Components for Assistance: The Ministry provides assistance on 100% grant basis for the
following components: a) Survey, Assessment and Demarcation b) Capacity Building: Staff Training and
Skills c) Shelter Belt Development d) Protection & Monitoring e) Restoration and Regeneration Measures
f) Alternate and Supplementary Livelihoods g) Community Participation h) Mangrove
Afforestation/Plantation (Degraded areas and open mud flat coverage by plantation) i) Biodiversity
Conservation j) Sustainable Resource Development k) De-silting l) Weed Control m) Pollution Control n)
Environmental Education & Awareness o) Impact Assessment through Concurrent & Terminal Evaluation.
70
. See revised draft National Strategy and Action Plan, India. (Executive Summary) Page 33.
71
. Mangroves for the Future (MFF)” is a regional initiative, being coordinated by United Nations
Development Programme (UNDP) and International Union for the Conservation of Nature (IUCN). The
main aim of the MFF is to improve and conserve the coastal ecosystem in the six tsunami-hit countries
including India. Under this conservation scheme.
72
. See revised draft National Strategy and Action Plan, India. (Executive Summary) page 1.
73
. MSSRF stared its first research programme for the conservation of mangroves on 1991 in some Asian
Countries. This research programme resulted some training programmes for the conservation of the
mangroves. Mangrove Ecosystem Information Service was developed as a part of this programme. On the
basis of this MEIS, Global Mangrove Ecosystems Information Service of International Society for
Mangrove Ecosystem, Japan came out.

19
 Between 1993 to 1996, the M.S.Swaminathan Research Foundation execuited a
research programme on the mangroves in Tamil Nadu. This is the first programme which
was done with the active participation of the local community. Noting the ecological
significance of mangroves and its positive role in reducing the damage caused by MSSRF
has done various research programmes in collaboration with the Tamil Nadu Forest
Department for the conservation of mangroves. It is also doing some on-going projects.74

Tsunami accelerated the spreading of awareness about the significance of the

mangroves and the drawn up executive programmes in tune with the pro-development
and management concept rather than the old regulatory concept. Though the policy
measures we have seen are trying to protect and improve the mangrove forests absence of
legal guidelines for the effective management of the mangroves is conspicuous.

9. Judicial attitude towards the protection of mangroves

In the realm of environment protection, Indian judiciary has played very

significant role. In the mid 1970s, the scope and ambit of the Article 21 75 was widened
through Maneka Gandhi case76. In the 1980s courts took a very favorable stand for the
filing of public interest litigations (PIL). The concept of Locus standi has also been
expanded.77 Further courts have reduced the hurdles in the filling of PIL and simplified
the PIL filling procedures.78 These important factors have brought considerable changes
in the environment protection.

As a result of above said changes in the legal scenario, so many pro-environment

PIL have been filed before the Supreme Court as well as various High Courts. Through
these PIL Courts held that pollution free environment is also part of right to life as

74
. See <http://www.mssrf.org/csr/index.htm> accessed 28 May 2010
75
. Constitution of India, article 21 reads as follows: “No person shall be deprived of his life or personal
liberty except according to procedure established by law”.
76
. See Maneka Gandi v. Union of India, AIR 1978 SC 597.
77
. See Dr. Upendra Baxi v. State of UP, 1983(2) SCC 308 and People’s Union for Democratic Rights v.
Union of India, AIR 1982 SC. 1473.
78
. Even a single post card was accepted as a writ petition under article 32 of the Constitution.

20
envisaged in article 21. 79 This is the way in which environmental rights have been
recognized as a part fundamental right. While interpreting the fundamental rights
provisions of our constitution, courts incorporated international environmental laws80 and
international environmental doctrines such as sustainable development concept;81 polluter
pays principle, 82 precautionary principle83 and etc… In most of the cases, courts have
recognized the importance this third generation human right.84

With respect to mangroves forest protection, Judiciary has recognized the importance of
the mangroves and need for their protection have been stressed in Jagannath85 case.

In this case, a PIL was filed by the petitioner for the enforcement of Coastal
Regulation Zone Notification dated February 19, 1991 issued by the Government of
India, stoppage of intensive and semi-intensive type of prawn farming in the ecologically
fragile coastal areas, prohibition from using the waste lands/wet lands for Prawn farming
and the Constitution of a National Coastal Management Authority to safeguard the
marine life and coastal areas. In this case court referred the status report on mangroves of
India published by the Ministry of Environment and Forests (GOI, 1987). The report
showed that vast areas of mangrove were destroyed for agriculture, aquaculture and other
uses. Some of the evidences relating to the destruction of mangroves in Krishna and
Guntur Districts of Andhra Pradesh for construction of shrimp farms were produced
before the Court.

In this case the Court directed the Central Govt. to constitute an authority u/s 8(3) of the
Environment (Protection) Act, 1986 and also directed to give necessary powers to protect
ecologically fragile coastal areas, sea shore, water front and other coastal areas
and specially to deal with the situation created by the shrimp culture industry in coastal
States Union Territories. In addition to this, the Court held:

79
. See for the same M.C. Mehta. v. Union of India. (1987)1 SCC 395. M.C. Mehta. v. Union of India.
(1987)4 SCC 463 and M.C. Mehta. v. Kamal Nath (2000)6 SCC 213.
80
. See Vellore Citizen Welfare Forum v. Union of India, (1996)5 SCC 647.
81
. Ibid.
82
.See Indian Council for Enviro Legal Action v. Union of India, AIR 1996 SC. 1468.
83
. See Vellore Citizen Welfare Forum v. Union of India, (1996)5 SCC 647.
84
. Shobana Rammasubramaniyam v. Member Secretary, CMDA, AIR 2002 Mad 125
85
. S. Jagannath v. Union of India and others AIR1997SC811

21
“The agricultural lands, salt pan lands, mangroves, wet lands, forest lands, land for
village common purpose and the land meant for public purposes shall not be
used/converted for construction of the shrimp culture ponds”.

Therefore it is possible to come to a conclusion that through this case, the judiciary
regulated the shrimp culture activities which pose serious threats to the mangroves life
and regulated the exploitation of the all the coastal resources including mangroves. In
another case, Bombay High Court banned construction activities within 50 meters of
mangroves and also prohibited to convert the mangrove forest for the development
purposes.86 From these two cases, we can see the role played by the judiciary in the
conservation of mangroves. Though the judiciary showed its pro-mangroves attitude, in
these cases, the effectiveness of these directions are not guaranteed. However, it gives a
hope of a sprout of protection of mangroves.

10. Conclusion

From the above discussion it is very clear that even though there is no specific legislation
for the protection of mangroves protection, some of the administrative measures indicate
that there is considerable increase in the area of mangroves in the end of the 20 th century.
Even judiciary has showed concern against the destruction of mangroves. Even though
there is no express international obligation on India to protect mangroves, one could
possibly interpret the provisions of the Stockholm Declaration, Rio Declaration, etc.,
Protection of mangroves cannot be done separately because most of the mangroves are
situated either in the Coastal Zones or in the forests. Therefore there is need for
interdisciplinary approach towards the protection of mangroves. However some specific
considerations need to be given for the protection of mangroves because of its
significance and special features. Therefore these mangrove vegetations should be
protected by special type of legislation which should focus on the multiple factors. In
addition to this, some of the mangroves are used by local communities for their lively
hood. In such cases, their rights should be recognized. Through this way, it is possible to

86
. See Lyla Bavadam, A Breath for Mangroves,
<http://www.frontlineonnet.com/fl2222/stories/20051104001904400.htm> accessed 5 May 2010.

22
 ensure their active participation in the conservation of mangroves. Because most of the
local communities have realized the importance of the mangroves. Therefore they will
not overexploit the mangroves.

23

View publication stats