ENVIS Technical Report: 85 January 2015
http://www.iisc.ernet.in/
Vanishing Lakes Interconnectivity & Violations in Valley Zone: Lack of Co-ordination among Para-State Agencies
http://wgbis.ces.iisc.ernet.in/energy/
Energy and Wetlands Research Group, Centre for Ecological Sciences, Indian Institute of Science, Bangalore – 560012, India.
*Corresponding author: cestvr@ces.iisc.ernet.in
Legal framework for protection of wetlands

The conservation and management of water bodies has initiated in India after the independence under the regulatory frame work by incorporating as a primary right of citizens in constitution. Article 48 A of constitution state has endeavor to protect environment, forest and wild life of the region. It shall be the duty of every citizen of the country to protect and improve environment, which includes forests, lakes, rivers, wetlands and wild life under Article 51 A clause (g). Article 253 of constitution empowers parliament under the schedule VII to legislate the suggestions and initiations to be adopted to protect environment and natural resources. Several legal and legislations have been enacted by initiation of Ministry of Environment and forestry (MoEF). These include Forest act 1972, Wildlife protection act 1980, Pollution prevention and control act 1974 (Air), the Water cess act, 1977. These all together brought under the umbrella provision of Environment (Protection) Act, 1986. Ramsar convention (1971) on wetlands, the first intergovernmental convention for conservation and ‘wise use’ of any ecosystem, entered into force in 1975 and has 168 contracting parties from all over the world. So far the convention has 2169 wetland sites under its aegis covering 206.64 million ha area (Ramsar Convention, 2013).

The Biodiversity Act, 2002, was legislated to preserve the floral and faunal biodiversity, and securing equitable share in benefits arising out of the use of biological resources, protecting associated knowledge of local communities relating to biological resources (clause (1) of article 243B and clause (1) of Article 243Q of the Constitution). It also aimed to conserve and sustainably use biological diversity, taking necessary actions on uncontrolled commercial exploitation of natural resources (as determined by the National Biodiversity Authority under section 2.1). This act also provided guidelines for sustainable development and management of water resources, aquaculture at the local level.

National Environment Policy (NEP), 2006 is another initiative to safeguard water sources and management. This policy has initiated some action plans to be taken by regulatory authorities for efficient protection. It includes, setting up of legally enforceable regulatory mechanism to prevent their degradation and enhance their conservation. Develop a national inventory, formulate conservation and prudent use strategies with participation of local communities, and other relevant stakeholders. The National Wetland Conservation Program was launched in 1987 and initially restricted itself to the notified Ramsar Wetlands. In 2009, the MoEF issued Guidelines for Conservation and Management of Wetlands and has identified some 122 wetlands for protection by issuing a Draft Regulatory Framework for Wetlands Conservation, under the provisions of the Environment (Protection) Act (EPA), 1986. In the year 2010, Wetlands Conservation and Management rules were framed to provide further direction in protection and efficient management.
The highlights are:

  • Restrictions on activities within the wetlands include reclamation, setting up industries in vicinity, solid waste dumping, manufacture or storage of hazardous substances, discharge of untreated effluents, any permanent construction, etc.
  • Regulated Activities (which will not be permitted without the consent of the state government) include hydraulic alterations, unsustainable grazing, harvesting of resources, releasing treated effluents, aquaculture, agriculture, dreading, etc.
  • The major functions of the authority include identification of new wetlands for conservation, ensuring that the Rules are followed by the local bodies, issue clearances, etc.

 
In recent time, Indian judiciary were instrumental in protecting wetlands throughout the country. The court and law have been extremely proactive on the issue of environmental and by considering Public Interest Litigations (PIL) in courts across the country. The groups of affected people and citizens have been filing PIL in courts across the country seeking remedial actions, specifically in respect of highly polluted urban lakes and water bodies. The Supreme Court of India has provided judgment in 2006 as the government is duty-bound to preserve these natural water bodies, to ensure its citizens the right to water and protection of natural lakes and ponds honors the most basic fundamental right under Article 21 of the Constitution (Infochange, 2006). The Supreme Court bench has clarified that, protection of water bodies, envisioned in view of the fact that the right to water, as also quality of life, is guaranteed under Article 21 of the Constitution. The court also noted that the government was duty-bound under Articles 47 and 48A of the Constitution to protect the environment as well as to improve the living standards of its citizens of the country.