MTN 76:18-20 Struggle to Protect The Bhitara Kanika Ecosystem is Ongoing

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STRUGGLE TO PROTECT THE BHITARA KANIKA ECOSYSTEM IS ONGOING

I was astonished to read in a recent issue of the Marine Turtle Newsletter that the Bhitara Kanika ecosystem in Orissa, India, has been "protected" by a court's decision (Singh, 1996). First of all, the case instituted by the Centre of Environmental Law (CEL) WWF, India in Orissa High Court is not complete. Though the argument was over nearly a year ago, the judgment is yet to be given, so the contention that the Court's decision protects the area is wrong. In course of hearing, the Honourable High Court gave an interim order to the effect that Talchua fishing jetty, if completed, should not be operational -- but the Court did not say anything about the controversial road and its two bridges (Hashina and Khola). A report about the position of the road and bridge has been submitted by a commission (lawyer) appointed by the Court, but the Court has yet to issue any specific order on the matter. So the work on the bridges continues (albeit slowly because of an insufficient allotment of funds).

As to the other "accomplishments" put forward by Singh (1996), the World Bank has not given a penny for "holistic eco-development" of Bhitara Kanika. Neither has any person yet been punished for any violation, largely because, as noted above, the Court has yet to promulgate a decision in the case. Rather the Government transferred in 1994 the Divisional Forest Officer of Rajnagar who was in charge of the sanctuary because he was strict about the enforcement of law.

On the subject of the Environment Impact Assessment (EIA) Committee, Singh's (1996) conclusions are even more misleading. In an attempt to evade the order of the Union Government to stop the work unless environmental clearance is given, the Orissa Government established an EIA Committee with their own tendentious matters of reference. When the question of this Committee was referred to the High Court, they only wanted two representatives of the Government of India's Environment Ministry to be added. The Committee has already filed its report with the High Court, a report which is very much prejudiced because of faulty points of reference and also because of its selective personnel (no non-governmental environmentalists were included). It is, therefore, not an impartial EIA; the committee itself has admitted in the report that it is not an EIA study.

In the end, even if the judgment is favourable, the whole issue raised in the Writ Petition filed by CEL-WWF is very limited. In contrast, the hazards are legion, and they continue because of a lack of will on the part of the administration. Mangrove forest is being destroyed, poaching takes place, and indiscriminate prawn culturing occurs in and around the sanctuary. Even near the Gahirmatha ocean beach, the largest nesting ground for the olive ridley sea turtle in the world, Bangladeshi and other trawlers began poaching turtles during the last nesting season. It is an uphill task, and since 1993 Orissa Krushak Mahasangh has been mobilizing the people of Orissa and throughout the country to protect the sanctuary and the sea turtle's nesting grounds. There is considerable interest in the matter, as seen by the attendance of thousands of local and foreign delegates at two conferences on Bhitara Kanika held in Bhubaneswar and Kendrapara in 1994 and 1995, respectively.

Recently, we (Orissa Krushak Mahasangh) had an encounter with the Defence Ministry of the Government of India because the Ministry has started a missile testing centre on Wheeler's Island, just to the north of Gahirmatha beach, though it is outside of the sanctuary. We asserted that this defence project will destroy the olive ridley nesting ground for all time to come because the whole testing operation will scare away the turtles, hatchlings will be misdirected to sources of artificial lighting, etc. Following our correspondence and protests in the media, an understanding with the Defence Ministry was reached which includes significant concessions to be enacted on behalf of the sea turtles.

There is much to be done, and on many fronts. The article which appeared in the Marine Turtle Newsletter will mislead world opinion, particularly those who are most concerned about the sanctuary and the olive ridley nesting grounds. We would rather that a true picture be placed before the people who are concerned with assisting us in this onerous struggle. The Indian media takes a keen interest in our struggle for conservation of the sanctuary. We are happy that in this battle, the CEL-WWF India has joined by initiating litigation. But it is a double-edged weapon. Failure in litigation encourages the adversary, while success, even if it is complete, will solve only the fringe of the problem.

Singh, C. 1996. Bhitarkanika ecosystem protected by court's decision. Marine Turtle Newsletter 73:1-2.

BANKA BEHARY DAS, Orissa Krushak Mahasangh, 14, Ashok Nagar, Bhubaneswar-751009, Orissa, INDIA