Protection of the Coastal Environment with Special Reference to Climate Change, Sea LEVEL RISE and Disasters: A Case Study from India

The role of wetlands and mangroves and the fact that wetlands are some of the richest, most productive bio-diverse ecosystems in the world is still not factored into the development decision-making process. India is probably the only country in the world that has a legislation in place for protecting its entire coastline - and not only the coastline but also the land between the High Tide Line (HTL) and the Low Tide Line (LTL) as well as the land extending to 500 metres from the highest HTL.

However, the nature of resistance that this progressive legislation has faced over the decades, in the form of dilution, violations and even non-implementation, by state authorities is reprehensible. In the face of climate change and sea level rise, this threatens the geographic and ecological integrity and also poses danger to the people and their livelihoods, especially those living along the coastal areas.

This non-implementation is driven by powerful economic forces that propose power plants, sewage treatment plants, aeration lagoons, land for housing, urban “development” and infrastructure, etc. Clearly these forces operate in active connivance with elected representatives and state authorities, which then compel citizens to take recourse to the judiciary.

The Conservation Action Trust, a nongovernmental organization, has systematically approached the courts for the protection of wetlands. The paper will highlight its experiences in obtaining justice through a discussion on specific cases and also the nature of struggle encountered in seeking environmental justice. These legal cases provide valuable insights for disaster programming which include disaster prevention, mitigation and risk informed planning. The paper will also discuss the opportunities and challenges that NGOs such as CAT face in promoting climate and disaster equity.