The Supreme Court of India has sought a response from the Centre on a petition challenging the constitutional validity of the Wetlands (Conservation and Management) Rules 2017. The petition, filed by nine environmental activists, alleges that the rules exclude historically developed wetlands from protection and preservation, violating India's international obligations and the basic right to life of citizens.
A bench of Chief Justice Surya Kant and Justice Joymalya Bagchi issued a notice on the petition, which argues that the exclusion of wetlands from protection will have a disastrous impact on 39 out of 94 Ramsar sites in India, including bird sanctuaries.
The petition claims that the dilution of wetlands conservation and preservation goes against the principle of non-regression, a key component of India's environmental jurisprudence. The issue is pending in another batch of petitions heard by a different bench of the top court.
The court has directed all 201,503 wetlands identified in the National Wetland Atlas to be protected in accordance with the 2010 Rules, which provide a broader definition of wetlands. The petitioners argue that the state's abdication of its duty to protect wetlands violates the public trust doctrine and exposes populations to flooding, water scarcity, pollution, and loss of climate resilience.
