SC to examine if law is diluting the count of wetlands in India, Pg12

Key Highlights:

• The Supreme Court will examine the constitutional validity of the definition of ‘wetlands’ in the Wetlands (Conservation and Management) Rules, 2017.
• Petitioners argue that the 2017 Rules arbitrarily exclude most human-made and artificial wetlands from environmental protection.
• The petition claims the definition in Rule 2(g) is inconsistent with India’s obligations under the Ramsar Convention, 1971.
• The petitioners contend that 39 human-made wetlands out of 94 Ramsar wetlands in India could lose protected status.

Detailed Insights:

• The Ramsar Convention includes both natural and artificial wetlands without distinction, a point of contention against the 2017 Rules.
• The 2017 Rules exclude waterbodies constructed for drinking water, irrigation, aquaculture, salt production, recreation, and allied purposes.
• This exclusion removes a substantial majority of India’s wetlands from environmental law protection, according to the petitioners.
• The petition argues that the 2017 Rules violate the principle of non-regression by weakening existing legal protections for wetlands.
• The rules depart from identifying wetlands based on functional characteristics, instead focusing on their origin (human-made or natural).

Key Concepts Involved:

• Wetlands: Areas saturated with water, either seasonally or permanently, supporting specific ecosystems.
• Ramsar Convention: An international treaty for the conservation and sustainable use of wetlands.
• Principle of Non-Regression: Prevents governments from weakening existing environmental protections.