Judicial Oversight Of Wetlands Is A Welcome Move

The suo motu directions issued by the Rajasthan High Court to identify, assess and protect wetlands in the state are a welcome expansion of judicial oversight of a fundamentally important ecosystem. Earlier Supreme Court orders in ongoing cases enjoin the government, specifically the authorities tasked with wetlands protection, to perform ground truthing to establish the integrity of the reservoirs. Now, the Rajasthan HC bench, consisting of justices Pushpendra Singh Bhati and Rekha Borana, has taken cognisance of a media report and directed the Chief Secretary, the Wetlands Authority, and other officials to file affidavits on steps taken to save wetlands notified under the Wetlands (Conservation and Management) Rules, 2017. The orders reiterate the vital role of ecosystem services of wetlands in helping people realise their right to life, as enshrined in Article 21 of the Constitution, and in the wider contribution to hydrological processes, flood control, groundwater recharge, and biodiversity health. In speaking for nature, the court has added to the judicial scrutiny of wetlands initiated by the Supreme Court in Anand Arya vs. Union of India and Ravindra Sinha vs. Union of India, which are ongoing cases to fix accountability on the government for identification of wetlands, ground truthing of their condition, enforcement of the 2017 rules, and accurately defining wetlands. India has a mixed record on wetland protection, in spite of listing 100 sites under the Ramsar Convention, and the scientific consensus is that encroachment, pollution, waste disposal, and loss of biodiversity are seriously threatening their future. The emerging crisis calls into question the national commitment to protect highly endangered migratory birds under the UN Convention on Migratory Species. It should be pointed out that Rajasthan’s Keoladeo National Park is an important node on the Central Asian flyway for bird migration.

Constant vigil to safeguard the 231,195 wetlands listed as part of the Supreme Court-ordered identification exercise across the country will be possible only by involving local communities. It is essential to grade all wetlands according to the local risks and demarcate their boundaries and record the threats as well as the resources that they can provide sustainably. This database should be made publicly available. The Union government does have top-level schemes such as Amrit Dharohar to pursue conservation, and the one that holds high promise is Mission Sahbhagita, which was launched four years ago to strengthen societal ownership of wetlands. There are numerous examples of local communities playing guardian to biodiversity and natural heritage and serving as a bulwark against encroachment, pollution, and loss; in states such as Tamil Nadu and Karnataka, these traditional systems have helped maintain man-made tanks and lakes used for irrigation over centuries. It is wholly welcome that greater attention is being given by the courts to protect wetlands, which are a low-cost, aesthetic, and efficacious hedge against the vagaries of climate change.