Background

The Supreme Court of India has agreed to examine the constitutional validity of the Wetlands (Conservation and Management) Rules, 2017, following a petition alleging that the law arbitrarily excludes a vast majority of human-made and artificial wetlands from environmental protection.

Key Facts

  • Rule 2(g) of the 2017 Rules is at the centre of the legal challenge
  • 39 out of 94 designated Ramsar wetlands in India risk losing legally protected status
  • The 2017 Rules replaced the Wetlands (Conservation and Management) Rules, 2010
  • The 2017 framework removed the Central Wetlands Regulatory Authority (CWRA)
  • State Wetland Authorities (SWAs) now hold decentralized identification powers
  • ISRO's National Wetland Inventory and Assessment provides mapping standards

The Definitional Dispute

Ramsar Convention (1971) Compliance

The petition argues that Rule 2(g) of the 2017 Rules violates India's international obligations under the Ramsar Convention, which explicitly mandates protection of:

  • Natural wetlands
  • Artificial/constructed wetlands
  • Permanent wetlands
  • Temporary wetlands

The Convention requires no distinction between natural and artificial water bodies for conservation purposes.

Exclusions Under 2017 Rules

The 2017 framework carves out strict exclusions for water bodies constructed for:

  • Drinking water supply
  • Irrigation
  • Aquaculture
  • Salt production
  • Recreation purposes

These exclusions potentially strip protection from human-made structures like:

  • Tanks and reservoirs
  • Complex irrigation structures
  • Traditional water harvesting systems

Violation of Legal Principles

Principle of Non-Regression

The petition highlights that the 2017 framework weakened existing legal protections established by the predecessor 2010 Rules, which successfully included human-made tanks, reservoirs, and complex irrigation structures.

The principle of non-regression in environmental law holds that existing environmental protections should not be diluted or weakened.

Decentralization Concerns

Unlike the 2010 Wetlands Framework which retained:

  • Central Wetlands Regulatory Authority (CWRA)
  • Explicit list of prohibited activities

The 2017 Rules decentralized wetland identification powers to State Wetland Authorities (SWAs), enabling states to potentially exploit definitional loopholes and declassify ecologically sensitive wetlands for infrastructure and real estate projects.

Contempt of Judicial Precedents

The petition highlights that the current rules directly subvert the Supreme Court's mandate in the landmark case:

M.K. Balakrishnan v. Union of India (2017)

  • The Supreme Court explicitly ordered statutory protection of all wetlands mapped in the National Wetland Atlas
  • The 2017 framework allegedly contradicts this judicial mandate

Key Conflict: Origin vs. Function

The 2017 framework shifts from identifying wetlands by functional characteristics:

  • Hydrology
  • Soil saturation
  • Biodiversity support
  • Groundwater recharge

Instead, it focuses on origin (natural vs. artificial), which contradicts ISRO's National Wetland Inventory and Assessment mapping standards that prioritize functional characteristics.

Constitutional and Legal Framework

Relevant Constitutional Provisions

  • Article 48A (Directive Principles): State shall endeavour to protect and improve the environment
  • Article 51A(g): Fundamental duty to protect and improve the natural environment
  • Article 21: Right to life includes right to clean environment

International Obligations

  • Ramsar Convention (1971): International treaty for wetland conservation
  • India is a signatory committed to protecting all wetland types

Significance for India

  1. Ecological Impact: Wetlands provide critical ecosystem services including groundwater recharge, biodiversity support, and flood control
  2. Legal Compliance: The review could ensure alignment with international commitments
  3. Governance: Addresses concerns about centralized vs. decentralized environmental governance
  4. Precedent: Establishes judicial scrutiny of environmental rule-making

Ramsar Sites in India

India has designated 94 Ramsar sites, covering approximately 1 million hectares. These sites face potential vulnerability due to the definitional exclusions in the 2017 Rules, with 39 sites at particular risk.