Supreme Court Reviews Wetland Protection Rules

Supreme Court Examines Dilution Of India’s Wetland Protection Framework

Why in the News ?

The Supreme Court agreed to examine a petition challenging the constitutional validity of the Wetlands (Conservation and Management) Rules, 2017. Petitioners argued that the Rules dilute protection for many wetlands, weaken environmental clearances for projects affecting wetlands, and violate India’s obligations under the Ramsar Convention, 1971.

Supreme Court Reviews Wetland Protection Rules

Supreme Court’s Examination Of Wetland Rules:

  • A Bench headed by Chief Justice of India Surya Kant issued notice to the Union Government on the petition, marking a significant development in environmental jurisprudence.
  • The petition was filed by environmental activists and professionals led by Ravindra Sinha, emphasizing principles of environmental democracy.
  • Petitioners challenged the definition of ‘wetlands’ under Rule 2(g) of the Wetlands Rules, 2017.
  • They argued that the Rules arbitrarily exclude many human-made and historically developed wetlands from environmental protection and environmental clearance requirements.
  • The plea also claimed that decentralised oversight under the Rules weakens accountability and conservation mechanisms.

Concerns Raised By Petitioners

  • The petition argued that the 2017 Rules conflict with India’s commitments under the Ramsar Convention, 1971, which recognises both natural and artificial wetlands.
  • According to the petitioners, around 39 human-made wetlands among India’s Ramsar sites could lose legal protection and exemption from proper environmental impact assessment.
  • Wetlands created for purposes like irrigation, aquaculture, drinking water, and salt production are excluded from protection under the present Rules.
  • Petitioners stated that this violates the environmental principle of non-regression, as well as the polluter pays principle and precautionary principle, which prevent dilution of existing environmental safeguards.
  • They also argued that wetland identification should be based on ecological functions rather than whether they are natural or artificial.

About Wetlands And Ramsar Convention:

●  Wetlands are areas where water covers the soil permanently or seasonally and include marshes, mangroves, lakes, floodplains, estuaries, and areas within the coastal regulation zone.

●  Wetlands help in groundwater recharge, biodiversity conservation, flood control, carbon sequestration, and maintaining a pollution free environment.

●  The Ramsar Convention, 1971 is an international treaty for conservation and sustainable use of wetlands.

●  India became a signatory to the Ramsar Convention in 1982 and currently has several internationally recognised Ramsar Sites.

●  The Wetlands (Conservation and Management) Rules, 2017 were framed under the Environment Protection Act, 1986 alongside the Forest Conservation Act and EIA Notification to regulate activities affecting wetlands and ensure proper environmental clearances.