LEGISLATIVE PROVISIONS AND POLICY SUPPORT FOR WETLAND CONSERVATION IN INDIA

Abstract

Since 1970s, wetlands started to be recognized as one of the richest ecosystems of the world which supports lives and livelihoods of a large number of people. In spite of this recognition, loss of wetlands could not be stopped. India is gifted with a vast inventory of wetlands which is depleting. Though India was a signatory of Ramsar Convention of Wetlands, it is yet to implement any legislation for the protection of these rich ecosystems. During the early years of independence when constitution of India was adopted, there was no mention of the term ‘environment’. With the enactment of Constitution (42nd Amendment) Act, 1976, marked the beginning of environmental protection in India. But wetlands were not mentioned in the List- I, List-II or List-III of the seventh schedule of the Indian Constitution. So, neither the Union government nor the state governments are empowered to legislate over the matter of wetlands. Due to this reason the Union government could not implement any legislation for wetland conservation for the country as a whole. Wetlands should be brought to the List-III of the constitution for the sake of wetland conservation. It is the obligation of the States to implement international conventions at the domestic level under a federal system. Verdicts of the Supreme Court and different High Courts reveal full support towards environmental protection. Thus, it is urgently needed to enact a Union legislation for the protection of the wetlands of the country which is supported by the state governments.