New Delhi
The Supreme Court on Tuesday sought the Centre’s response on a petition challenging the constitutional validity of the Wetlands (Conservation and Management) Rules, 2017 which defines wetlands in a way that excludes historically developed wetlands from the ambit of protection and conservation.
A bench of Chief Justice of India (CJI) Surya Kant and Justice Joymalia Bagchi issued notice on a petition filed by a group of nine environmental activists led by Ravindra Sinha who alleged that Rule 2(g) of the Wetlands Rules, 2017 is inconsistent with India’s binding international obligations under the 1971 Ramsar Convention, and violates the fundamental right to life of citizens under Article 21 of the Constitution of India.
“We limit notice to ambiguity of definition,” the board said when it published the order in August.
Senior Advocate Gopal Sankaranarayanan, who argued the petition, explained how the exclusion is clear in the 2017 Rules by comparing it with the earlier definition under the Wetlands Rules 2010. The latter had given a broad definition of wetlands to include “man-made wetlands” including all forms of reservoirs along with “man-made water bodies/reservoirs specially constructed for drinking water purposes and structures specially designed for aquaculture, salt production, recreational and irrigation purposes”.
“The definition under the 2017 rules will have a catastrophic impact as 39 of the total 94 Ramsar sites in India will lose their protected status immediately,” Sankaranarayanan said. “Every bird sanctuary will lose its protection. This could not have been intentional under this definition,” he added, noting that India has more than 200,000 wetlands. The petition claimed that such dilution is inconsistent with the principle of non-regression and forms an integral part of environmental jurisprudence in India.
The issue of wetland preservation and conservation is also pending in a batch of petitions being heard by another bench of the Supreme Court. Incidentally, this matter was also listed on Tuesday before a bench of Justices Aravind Kumar and BB Varali. When the court was informed of the order passed by the CJI, the bench led by Justice Kumar postponed the matter to July.
In proceedings already pending, the court ordered that all 201,503 wetlands identified in the National Wetland Atlas be protected in accordance with the 2010 rules. The court has been monitoring actions taken by states to demarcate boundaries and the reality on the ground.
“Wetlands constitute essential environmental infrastructure, and their exclusion exposes residents to flooding, water scarcity, pollution, and loss of climate resilience. The state’s abdication of the duty to protect also violates the principle of public trust, which obligates the state to protect all environmental resources held for present and future generations,” the petition said.
