INTRODUCTION
Wetlands are essential for life on Earth. They are rich ecosystems that support diverse plant and animal life. However, wetlands are rapidly disappearing worldwide, putting the climate and biodiversity of this planet at risk. To address this, 172 countries united under a global treaty focused exclusively on protecting and managing wetlands, recognizing their value for both nature and humanity. Around 4.63 percent of the geographical area of India is under wetlands. India became a signatory to the Ramsar Convention in 1982, it has 85 Ramsar sites, covering a total area of over 13 million hectares. This includes iconic wetlands like the Sundarbans, Chilika Lake, and Keoladeo National Park. However, the journey towards effective implementation of the convention has been a challenging battle, marked by milestones and obstacles.
WHAT INDIA HAS DONE
India has taken a lot of significant steps in protecting its wetlands, just a few days ago the Supreme Court ordered the protection of around 30,000 more wetlands along with the ones protected by the 2017 [1]order under The Wetlands (Conservation and Management) Rules, 2017.[2] Along with numerous other Restoration efforts and initiatives often involving local communities in wetland conservation, while also recognizing their role as the primary stakeholders. India also integrated Ramsar’s three pillars of conservation into its national framework including Guidelines for sustainable use of wetlands, preventing over-exploitation, and the constant addition of new wetlands to the Ramsar list while also collaborating with international organizations and neighbouring countries for transboundary wetlands like Sundarbans and shares river basins.
CHALLENGES IN IMPLEMENTATION
Policy on paper is sometimes difficult to execute and implement due to a plethora of social, environmental, and economic factors. Even if we put aside policy and legislative lacunas and gaps, practical implementation of any set of rules is complicated, especially in developing nations like India.
Encroachment: The rapid rate of urbanization has resulted in more and more being occupied for various things like residence, agriculture, and industrial purposes. Cities like Delhi, Bengaluru, and Mumbai have led to wetlands being drained, reclaimed, or filled to accommodate the growing population and commercial projects. Additionally, the growth of unplanned settlements and infrastructure projects, such as highways and airports, often prioritize economic development over ecological preservation.[3]
Pollution: Pollution is a huge challenge in the implementation of wetland conservation measures. Many wetlands especially those near urban areas serve as dumping grounds for untreated sewage and industrial effluents. This not only pollutes water but also harms various life forms around such areas.[4]
Inadequate community participation and Awareness: Wetlands after essential to the livelihoods of local communities and provide resources such as fish, fodder, and water. However, the lack of effective community engagement in conservation efforts creates a disconnect between policy goals and ground realities.
POLICY OR LEGISLATIVE GAP
Coastal Regulation Zone Notification, 2011 (Under the Environment Protection Act, 1986):[5] It was introduced to regulate activities along India’s coastal areas and protect ecologically sensitive zones. Although it identifies zones that need to be protected and imposes restrictions on industrial and construction activities, successive amendments have diluted its provisions allowing for activities such as tourism, construction, and real estate development. It has ambiguities in defining and classifying zones like CRZ-I and CRZ-II which creates confusion, enabling developers to exploit regulatory loopholes.
Environment Impact Assessment (EIA) Notification, 2006: This notification mandates the assessment of environmental impacts for certain development projects, mostly the ones that could affect wetlands. However, developers often break projects into smaller components to avoid EIA requirements. Public participation, an essential part of the EIA process is poorly implemented. Strategic projects, like highways and defense installations, are often exempted from the EIA process even though they threaten the ecosystem just as much.
Another reason is the lack of scientific data as well as awareness among the policymakers which further hampers informed policymaking, while difficulties in distinguishing terrestrial from aquatic ecosystems create more confusion. There is a paucity of cohesive government initiatives regarding the same, usually coupled with reliance on NGOs and individuals for policy efforts and conflicts among diverse economic stakeholders weaken such attempts even more.
POSSIBLE SOLUTIONS
National Wetland Policy: This policy should outline measurable objectives along with timelines, and responsibilities for wetland conservation, ensuring congruence with India’s Ramsar Convention commitments. It should be able to define key performance indicators such as wetland area preservation, water quality index, and biodiversity levels. Progress should be monitored annually and a report should be published.
Change in existing Laws: Laws such as the Wetlands (Conservation and Management) Rules,2017 address vague definitions of Wetlands and exemptions for certain land uses. Launching specifically targeted projects for critically endangered areas to test new methods and models could also work.
Increasing Resource Allocation: Allocating specific budget lines in both central and state budgets for wetland conservation and ensuring that funds are ring-fenced to prevent diversion while also prioritizing high-risk and sensitive areas.
CHILLIKA LAKE CASE
Chilika is Asia’s largest brackish water lake and the second largest in the world, situated in Odisha, India. However, its ecosystem faced severe degradation due to various things leading to its inclusion in the Ramsar Montreux Record in 1993. The Chilika Development Authority established in 1992, initiated programs that succeeded in removing the lake from Montreux Record by 2002. In certain cases, Orissa High Court acknowledged the Supreme Court ban on prawn culture in the S.Jagannath Case[6] but also emphasized the need to protect the livelihoods of traditional fisherfolk and the lake’s ecology, it’s high time Orissa High Court came up with a comprehensive fishing policy for the Lake. In Jogendranath Tarai v. State of Orissa[7] the petitioners argued that the demolition of an earthen embankment constructed by villagers to protect their agricultural land would affect the livelihoods of thousands of villagers living around Chillika Lake, the Court ultimately ruled that the demolition would not be in greater good.
CONCLUSION
Achieving meaningful law reforms for sustainable development along with environmental conservation is extremely important. Conventional methods of managing protected areas and simply making laws often fall short when addressing unique area-specific challenges of wetland conservation. We must prioritize systematic studies and put resources into research pertaining to different areas and the problems faced by them, this will result in lawmakers being able to craft better laws as well as get rid of any policy gaps or shortcomings.
A nationwide Wetland policy can serve as a guiding document whereas the involvement of local communities as well as NGOs after targeting ecologically sensitive areas is a practical step in safeguarding these fragile ecosystems from harmful industrial activity. Leveraging existing legislation like the Environment (Protection) Act, of 1986, [8]to declare threatened wetlands as ecologically sensitive so more focus could be given to their restoration is one more proactive step from protecting these areas from harmful human activity.
Author(s) Name: Vanshika Chauhan (Bharti Vidyapeeth New Law College, Pune)
References:
[1] Jayashree Nandi and Abraham Thomas, ‘Demarcate and protect wetlands, SC tells states’ Hindustan Times (New Delhi, 12 December 2024) <https://www.hindustantimes.com/india-news/demarcate-and-protectwetlands-sc-tells-states-101733943349942.html> accessed 20 January 2025
[2] Environment (Protection) Act 1986
[3] Sanjay Rode, ‘Wetlands Degradation and Conversion Due to Urbanization in Mumbai Metropolitan Region: Acute Problems with Long Term Solutions’ (2019) 9(1) <http://dx.doi.org/10.24818/beman/2019.9.1-03> accessed 20 January 2025
[4] Nikhil Sharma and Bhawna Singh ‘Environmental Evaluation and Water Quality Assessment of Urban Wetlands in Delhi, NCR, India’ (2020) 41(5) Journal of Freshwater Ecology
[5] Environment (Protection) Act 1986
[6] S Jagannath v Union of India AIR 1997 SC 811
[7] Jogendranath Tarai v State of Orissa WP (C) No 12041/2009
[8] Environment (Protection) Act 1986
