Context:
The Supreme Court has agreed to examine whether the definition of “wetlands” under the Wetlands (Conservation and Management) Rules, 2017 dilutes protection by excluding several human-made and artificial wetlands. The petition argues that this may conflict with India’s obligations under the Ramsar Convention.
- Wetlands are areas where water is the primary factor controlling the environment, plant life and animal life.
- They may be natural or artificial, permanent or temporary, and include marshes, swamps, lakes, mangroves, floodplains, estuaries, tanks and reservoirs.
- The Ramsar Convention, 1971 is an international treaty for conservation and wise use of wetlands.
- India is a party to the Ramsar Convention and has several Ramsar sites, which are wetlands of international importance.
- Wetlands provide flood control, groundwater recharge, carbon storage, water purification, biodiversity support and livelihood security.
- The Wetlands (Conservation and Management) Rules, 2017 regulate wetlands in India and provide for State Wetland Authorities.
- The controversy concerns whether excluding certain human-made wetlands weakens environmental protection and violates the principle of non-regression.
- Non-regression means environmental laws should not reduce existing levels of protection.
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Wetland Definition and India’s Conservation Obligations