This article is written by Arya Mittal from Hidayatullah National Law University. The article asserts the importance of wetlands and discusses the legal framework for wetlands in India.
Table of Contents
Introduction
The theme of the last World Wetland Day celebrated on February 02, 2021, was ‘Wetlands and Water’. The theme tried to signify the relationship between the two and its importance in the lives of people. It is indeed true that wetlands are of immense importance. However, the same is not realized by a lot of people.
To start with, wetlands have been defined in Ramsar Convention as “wetlands are areas of marsh, fen, peatland or water, whether natural or artificial, permanent or temporary, with water that is static or flowing, fresh, brackish or salt, including areas of marine water the depth of which at low tide does not exceed six meters”. The Wetland Rules in India defines it similar to the former definition with a phrase after that stating, but does not include river channels, paddy fields, human-made water bodies/tanks specifically constructed for drinking water purposes, and structures specifically constructed for aquaculture, salt production, recreation and irrigation purposes. Though the definition might differ with boundaries, the essence remains the same. As regards India, there are forty-two Ramsar Sites.
The wetlands play an important role in maintaining the balance of the ecosystem, yet they are limited in number which makes it a necessity to preserve and protect them. Many laws have come up in the past few decades to regain their lost importance and to help them grow. The same has been discussed in the following chapters followed by the judicial precedents in this regard.
Importance of wetlands
Though the importance of wetlands cannot be emphasized enough, it is possible to have a basic understanding of their significant role through the following points.
Habitat for birds and animals
A lot of birds, especially migratory birds depend on wetlands as their habitat which provides them with food and water. Many fur animals such as beavers and muskrat and reptiles such as alligators depend on wetlands for their survival. Moreover, it is home to many endangered and threatened species.
Deriving natural products
Wetland is a source of a variety of natural products such as seafood including fish and shellfish, fruits such as cranberries and blueberries, etc. Additionally, it is a source of many medicinal products such as Brahmi which is used to treat epilepsy and inflammations.
Preserving the quality of land and water
Wetlands play a role in improving the quality of water by segregating the nutrients from the rest. Moreover, it helps to prevent soil erosion, thus, helps to improve the quality of soil which, in turn, provides for better cultivation of crops and other food items.
Rich flora
Different varieties of plants develop in wetlands mainly categorized into water plants, emergent water plants, riparian water plants, and floating water plants. These plants play a vital role in the filtration process which results in better quality water. Additionally, these plants are home to different fish and other marine animals.
Prevent extreme conditions
Wetlands are significant for the role they play by controlling the flow of water during storms. They store water and prevent calamities such as flood and drought as this stored water can then be used when water is not available from any other source.
Source for recreational activities
Wetlands provide mesmerizing beauty which can be used as a source for tourism and recreational activities such as sightseeing, hiking, boating, etc. However, it should be kept in mind that such activities should, in no way, cause trouble to other organisms or lead to the exploitation of wetlands.
Legal framework relating to wetlands
Part IVA of the Indian Constitution
The supreme law of the country i.e. the Indian Constitution makes it a duty of the State to safeguard the natural environment which includes wetlands. It is provided in Article 48A of the Constitution which states, “The State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country.” Additionally, Article 51A (g) makes it a fundamental duty of the citizens to protect the environment. It states, “to protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures.”
Ramsar Convention on wetlands
Convention on Wetlands of International Importance especially as Waterfowl Habitat, commonly known as Ramsar Convention is among the primary documents which specifically validated the importance of wetlands compared to other documents where wetlands were just a part of the whole. India became a signatory in 1982. The convention has tried to be an elaborative one by trying to cover every aspect, ranging from emphasizing the importance of wetlands to providing ways to conserve them. It also provides for the countries to be necessarily designating an area for wetland and such a list of wetlands shall be maintained by the bureau. As regards India, India has 42 Ramsar sites, the largest of which is the Sundarbans wetlands covering an area of 4230 square kilometres.
Environment (Protection) Act, 1986
Environment (Protection) Act, 1986 is an outcome of the 1972 UN Conference held in Stockholm where, for the first time, recognition was given to the environment being an important issue. Section 2(a) of the Act defines the environment and implicitly includes wetlands within its purview. Section 3(3) gives the power to the Central Government to appoint authority for taking measures to protect and improve the environment which resulted in the formulation of various state regulatory authorities. Lastly, Section 6 empowers the Central Government to make rules as a result of which Wetlands (Conservation and Management) Rules, 2017 has come into existence.
National Environment Policy, 2006
The National Environment Policy was brought about with an aim to promote the conservation of critical environmental resources. Its role has been instrumental in protecting the environment throughout the country. A part of this policy also talks about wetlands. Firstly, it states the importance of wetlands for maintaining the overall ecological balance in the country. Secondly, it suggests different measures which must be taken in order to protect the wetlands. Some of these measures include:
- Ensuring proper legal regulatory mechanisms and maintaining their records.
- Formulate strategies for their conservation, sustainable use and overall well-being.
Wetlands (Conservation and Management) Rules, 2017
Commonly referred to as Wetland Rules, Wetlands (Conservation and Management) Rules, 2017 is a comprehensive document that has been influential in improving the conditions of wetlands. It was first brought in 2010 and then again in 2017 with certain amendments. The rules provide for a wider definition of the term wetlands and are applicable to those wetlands recognized by either the Ramsar Convention or the Central Government. It states different provisions such as:
- Restrictions on usage of wetlands (Rule 4)
- Formation of National Wetlands Committee and stating its functions (Rule 6)
- The regulatory mechanism by forming state authorities as well as prescribing their functions (Rule 5)
Being the most recent one, it has tried to bridge the gaps which the earlier legal documents failed to and has therefore played a significant role in the conservation and promotion of wetlands.
Statutes in the different states
Between the period of National Environment Policy and Wetland Rules, many states played their role by contributing to the cause and thereby, forming legislations for protecting the wetlands. Some of these statues are the East Kolkata Wetlands (Conservation and Management) Act, 2006, Kerala Conservation of Paddy Land and Wetland Act, 2008, and Guwahati Water Bodies (Preservation and Conservation) Act, 2008.
Judicial Pronouncements
People United for Better Living in Calcutta v. East Kolkata Wetlands Management Authority, 2008 SCC OnLine Cal 800
This case is a landmark judgment of the Calcutta High Court which focused on preserving the wetlands and improving their condition. The facts of the case related to a project for the construction of a water sewage plant in the city of Kolkata. Later, a PIL was filed by an NGO contending that the construction was hazardous for the nearby wetland area and would severely affect the flora and fauna in the concerned area. The Calcutta High Court held that though the construction could not be stopped yet it directed to form an independent monitoring committee which would be responsible to ensure that all the environment-related norms are followed and the natural environment near such a project is not affected in any manner whatsoever.
Forward Foundation v. State of Karnataka, 2015 SCC OnLine NGT 5
The case of Forward Foundation truly emphasized the importance of wetlands and their role in maintaining the ecological balance. The Principal Bench of National Green Tribunal (NGT) stated, “‘Free’ services provided by wetlands are often taken for granted, but they can easily be lost as wetlands are altered or degraded in a watershed … Ecosystem goods provided by the wetlands mainly include: water for irrigation; fisheries; non-timber forest products; water supply; pollutant removal, flood attenuation, groundwater recharge, shoreline protection, wildlife habitat and recreation”. The case related to an application by an NGO that brought the notice of the tribunal towards the adverse effects on nature as a result of commercial projects which were happening in the state of Karnataka. As a result, NGT ordered for creation of a green belt in places where water bodies are located and no construction was allowed within the limits of the belt.
Anand Arya v. Union of India, 2016 SCC OnLine NGT 1696
Anand Arya case is yet another important ruling of the National Green Tribunal wherein it directed the Central Wetlands Regulatory Authority to regularly hold meetings to identify and notify wetlands in different states, so that wetlands can be identified and preserved in the country at the earliest.
Analysis
From the aforementioned legal provisions and judicial precedents, it is clear that wetlands have a substantial role in maintaining the ecological balance. Their role ranges from being a home to many aquatic plants and animals to being a source of recreational activity for human beings. They prevent extreme climatic conditions, provide for a variety of natural products, and help in improving the quality of water and soil. Various international and national legal documents have tried to assert the importance of wetlands and form laws relating to them. Some of these include the Ramsar Convention, National Environment Policy, Wetland Rules, etc. Different courts and tribunals such as the Calcutta High Court, National Green Tribunal, etc. have emphasized the importance of wetlands, time and again, through various cases.
Conclusion
Wetlands are an important part of any country and given their paramount importance, it is necessary to preserve them and promote their existence. They help in maintaining the ecological balance. Thus, it is important to analyze the legal framework revolving around it. Even our Constitution makes it the duty of the state to protect wetlands. It even gained international importance through the Ramsar Convention. Some years later, the same was recognized by India and different laws emerged in the form of policies and rules which emphasized protecting and preserving the wetlands. Lastly, many judicial pronouncements have also substantiated the same through various courts and tribunals. To conclude, wetlands need to be regulated by law and more systematized regulations should be in place, for fact that even in a vast country such as India, only a few of the wetlands are nationally and internationally recognized.
References
- Environment (Protection) Act, 1986, No. 26, Acts of Parliament, 1986 (India).
- Gitanjali N. Gill, Environmental Standards and the Right to Life in India: Regulatory Frameworks and Judicial Enterprise, Environmental Rights: The Development of Standards, Cambridge University Press, pg. 242-243.
- National Environment Policy, 2006, NEP, 33-35 (India) https://ibkp.dbtindia.gov.in/DBT_Content_Test/CMS/Guidelines/20190411103521431_National%20Environment%20Policy,%202006.pdf.
- Wetlands (Conservation and Management) Rules, 2017, 4-6 (India).
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