Wetlands (Conservation and Management) Rules, 2017

Context

• Recently, a Supreme Court bench led by Chief Justice of India Surya Kant issued formal notices to the Union government regarding a public interest litigation challenging the constitutional validity of Rule 2(g) of the Wetlands (Conservation and Management) Rules, 2017.
• The legal challenge targets the arbitrary domestic exclusion of human-made water bodies and specific artificial structures from environmental protections. Environmental jurists argue that these domestic exemptions directly undermine India’s binding international commitments under the Ramsar Convention, threatening the legal safeguard of multiple listed wetlands across the country.

The Domestic Framework – Wetlands Rules, 2017

1. Statutory Genesis and Definition

• Legal Basis: The Wetlands (Conservation and Management) Rules, 2017 were notified by the Ministry of Environment, Forest and Climate Change (MoEF&CC) under the provisions of the Environment (Protection) Act, 1986. These rules superseded the older regulatory framework established under the Wetlands Rules of 2010.
• The Regulatory Definition: Wetlands are defined as areas of marsh, fen, peatland, or water, whether natural or artificial, permanent or temporary, containing static or flowing, fresh, brackish, or salt water, including marine areas where the low-tide depth does not exceed six meters.
• The Critical Exclusions: Under Rule 2(g), specific categories are legally exempted from this framework. These exemptions include river channels, paddy fields, human-made water bodies constructed explicitly for drinking water, aquaculture, salt production, recreation, and irrigation purposes.

2. Institutional Architecture

• State Wetland Authorities (SWA): The 2017 rules decentralized governance by replacing the previous central authority with an SWA in every State and Union Territory. The SWA is headed by the state’s Environment Minister and includes multi-disciplinary experts in hydrology, ecology, and socio-economics to guide conservation strategies.
• National Wetlands Committee (NWC): Functioning at the apex level under the chairmanship of the Secretary, MoEF&CC, the NWC plays an advisory role. It monitors the implementation of the rules, reviews state-level digital inventories, and formally recommends sites for designation as Ramsar sites.
• Digital Inventory Mandate: The rules make it mandatory for all state authorities to prepare a comprehensive digital inventory of all regional wetlands, which must be systematically updated once every 10 years.

3. Regulated and Prohibited Activities

• Absolute Prohibitions: The rules ban specific activities within notified wetland boundaries, including land reclamation, setting up or expanding industries, dumping of solid or hazardous waste, and discharging untreated effluents.
• Regulated Activities: Activities such as sustainable resource harvesting, domestic water withdrawal, and structural dredging require prior formal approval from the respective State Wetland Authority.

The Global Framework – The Ramsar Convention (1971)

1. Nature of the Treaty

• Core Mandate: Signed on February 2, 1971, in the Iranian city of Ramsar, it is an intergovernmental treaty that provides the framework for national action and international cooperation for the conservation and sustainable utilization of wetlands.
• Uniqueness: It stands as the only global environmental treaty dedicated exclusively to a specific ecosystem type. It initially focused on habitats for migratory waterbirds, formally titled The Convention on Wetlands of International Importance, especially as Waterfowl Habitat.

2. The Inclusive Broad Definition

• Contrast with Domestic Law: In stark contrast to India’s domestic 2026 legal contentions, the Ramsar Convention adopts a highly inclusive definition. It explicitly encompasses both natural and artificial water systems without distinction. It covers reservoirs, salt pans, fish ponds, and rice paddies provided they perform critical ecological functions.

3. Core Principles and Mechanisms

• The “Wise Use” Philosophy: This is the cornerstone of the convention, defined as the maintenance of the ecological character of wetlands through the implementation of ecosystem-based approaches, within the context of sustainable development. It emphasizes that conservation does not mean locking up resources, but using them compatibly with ecosystem health.
• The 9 Criteria for Designation: To be designated as a Ramsar Site (Wetland of International Importance), a site must meet at least one of nine specific ecological criteria, such as regularly supporting 20,000 or more waterbirds or supporting 1% of the individuals in a population of a single species of waterbird.
• International Organization Partners (IOPs): The convention works in close collaboration with six global non-governmental organizations: IUCN, BirdLife International, Wetlands International, WWF International, the International Water Management Institute (IWMI), and the Wildfowl & Wetlands Trust (WWT).
• The Montreux Record: Maintained as part of the main Ramsar List, it is a register of wetland sites where changes in ecological character have occurred, are occurring, or are likely to occur as a result of technological developments, pollution, or other human interference. Currently, two Indian sites are listed on the Montreux Record: Keoladeo National Park (Rajasthan) and Loktak Lake (Manipur). Chilika Lake (Odisha) was previously placed on it but was successfully removed following exemplary restoration efforts.

Q. With reference to the conservation of wetlands in India, consider the following statements:
1. The Wetlands (Conservation and Management) Rules, 2017 are statutorily framed under the Wildlife (Protection) Act, 1972.
2. Under domestic rules, the National Wetlands Committee possesses the final authority to notify localized wetland boundaries within individual states.
3. The Ramsar Convention’s "Wise Use" approach permits human utilization of wetland ecosystems as long as it remains compatible with preserving their ecological character.
4. If an Indian Ramsar site faces severe ecological degradation due to human interference, it can be placed under the Montreux Record by the convention secretariat.
Which of the statements given above are correct?
(a) 1, 2 and 4 only
(b) 3 and 4 only
(c) 1 and 3 only
(d) 2, 3 and 4 only
Solution
Correct Answer: (b) 3 and 4 only
• STATEMENT 1 IS INCORRECT: The Wetlands (Conservation and Management) Rules, 2017 are framed under the Environment (Protection) Act, 1986, not the Wildlife (Protection) Act, 1972. 
• STATEMENT 2 IS INCORRECT: The identification, delineation, and notification of localized wetlands fall within the domain of the decentralized State Wetland Authorities (SWA), whereas the National Wetlands Committee (NWC) serves a high-level advisory and monitoring role. 
• STATEMENT 3 IS CORRECT: The "Wise Use" principle of the Ramsar Convention explicitly advocates for the sustainable use of wetlands in a way that benefits humanity while ensuring the core ecological character of the ecosystem is systematically maintained. 
• STATEMENT 4 IS CORRECT: The Montreux Record is specifically designated as a global register under the Ramsar Convention to flag and track internationally important wetlands where negative ecological transitions are occurring due to pollution or development.