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“Impact of urbanisation on the depletion of wetlands in Kerala” Shraddha K. K. & Kirti Dhakad (Eighth Semester LLB Students, TNNLS) TABLE OF CONTENTS INTRODUCTION .................................................................................................................................. 2 PART I .................................................................................................................................................... 2 A. Definition and significance of wetlands ................................................................................... 2 a. Wetlands and the kinds of wetlands .................................................................................... 3 b. Unique wetlands in India...................................................................................................... 4 c. Species found in the wetlands .............................................................................................. 5 B. Depletion of wetlands ................................................................................................................ 5 a. Causes leading to depletion .................................................................................................. 6 PART II................................................................................................................................................... 7 A. Policies and legislations and there implementation ............................................................... 7 a. The legal framework ............................................................................................................. 7 b. National Wetland Conservation & Management Programme (NWCP) .......................... 8 c. Wetlands (Conservation and Management) Rules, 2017................................................... 9 d. International Convention ................................................................................................... 10 e. The regulatory framework in Kerala ................................................................................ 10 B. Indian judicial approach with regard to protection of wetland and its flora and fauna. . 11 CONCLUSION..................................................................................................................................... 12

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Page 1: 107. Shraddha K. K. and Kirti Dhakadglcekm.com/GalleryUploads/WildLife/107. Shraddha K. K. and Kirti Dhakad.pdf³,psdfw ri xuedqlvdwlrq rq wkh ghsohwlrq ri zhwodqgv lq .hudod´ 6kudggkd

“Impact of urbanisation on the depletion of wetlands in Kerala”

Shraddha K. K. & Kirti Dhakad

(Eighth Semester LLB Students, TNNLS)

TABLE OF CONTENTS INTRODUCTION .................................................................................................................................. 2

PART I .................................................................................................................................................... 2

A. Definition and significance of wetlands ................................................................................... 2

a. Wetlands and the kinds of wetlands .................................................................................... 3

b. Unique wetlands in India ...................................................................................................... 4

c. Species found in the wetlands .............................................................................................. 5

B. Depletion of wetlands ................................................................................................................ 5

a. Causes leading to depletion .................................................................................................. 6

PART II ................................................................................................................................................... 7

A. Policies and legislations and there implementation ............................................................... 7

a. The legal framework ............................................................................................................. 7

b. National Wetland Conservation & Management Programme (NWCP) .......................... 8

c. Wetlands (Conservation and Management) Rules, 2017 ................................................... 9

d. International Convention ................................................................................................... 10

e. The regulatory framework in Kerala ................................................................................ 10

B. Indian judicial approach with regard to protection of wetland and its flora and fauna. . 11

CONCLUSION ..................................................................................................................................... 12

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IMPACT OF URBANISATION ON THE DEPLETION OF WETLANDS IN KERALA

INTRODUCTION

Wetland occupies around 6% of the earth surface. These are areas of land temporarily or

permanently covered in water, which doesn’t exceed 6 meters in depth. These wetlands

balances the ecosystem and also provides lots of services to millions of people, by acting as

flood controller, acting as a sponge to retain water, etc. It in itself has the characteristics of a

distinct ecosystem.

Loss of the wetlands would pose as a great danger for the survival of an ecosystem; the

human kind will have an irreversible loss of economy as well as ecology. Kerala due to its

population density and development programmes is losing wetlands at a high rate. Further the

pollutants released in these bodies are in turn affecting the migratory birds, some of which are

endangered and at the verge of extinction. Geomorphologically, the wetlands in Kerala

maybe divided among five major system at the broadest level as marine, estuarine, riverine

and lacustrine and palustrine.1

The paper is divided into II parts, in the I part of the paper authors defines and bring out the

significance of the wetlands and would enumerate the leading factors for the depletion of the

wetlands. In the II part of the paper he authors would further try to bring out the protection

strategies adopted by the authorities to to protect the wetlands.

PART I

A. Definition and significance of wetlands

The Ramsar Convention defines wetlands as ‘areas of marsh, fen, peatland, whether natural

or artificial, permanent or temporary, with water that is static or flowing, fresh, brackish or

salt, including areas of marine water the depth of which at low tide does not exceed six

meters. It may also incorporate riparian and coastal zones adjacent to the wetlands and

islands or bodies of marine water deeper than 6 meters at low tide lying within the wetlands.2

Wetlands in India occupy 58.2 million ha, including areas under wet paddy cultivation.3 It

1 Land Environment, wetlands of Kerala and Environmental Health, Kerala state council for science, Technology and Environment, Vol I, State of Environment report- Kerala, 2007. 2 The Ramsar Convention (1971), http://www.ramsar.org. 3 Wetlands in India, http://paryavaranmitra.in/wetlands%20in%20india.pdf, accessed on 25-02-18.

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depends upon the seasonal variability and hydrological structure is principally responsible for

its development.4 It performs various ecological functions such as maintenance of hydrology,

control the flood by maintaining/holding water level, stable the climate, maintain the water

quality by purifying it, supports the biodiversity and provides habitat to the rare, threatened

and endangered wildlife.5 It also helps in feeding the fish by releasing the vegetative matter

into the river. It is capable of filtering the pollutants like sewage, industrial waste metals and

fertilizers6 through a natural process of oxidation, radiation, biological breakdown of organic

wastes, etc.7 and also improves the water quality for the drinking purpose. It also influences

the recharge or discharge of groundwater, mostly the discharge one.8

The court has given its view on wetlands stating that “When considered as an ecosystem, the

wetlands are useful for a nutrient recovery and cycling, releasing excess nitrogen, inactivation

of phosphates, removing toxins, chemicals, heavy metals through absorption by plants, and

also in treating waste water. Wetlands also help in mitigating floods, recharging acquifers and

in reducing surface run off and consequent erosion. Besides these, they also valued for their

aesthetic qualities and recreational opportunities.9

a. Wetlands and the kinds of wetlands

Healthy wetlands are essential for the continued existence of India’s diverse populations of

wildlife and plant species as these are the feeding and breeding areas for wildlife and provide

a stopping place for waterfowl.10 Generally Wetlands are classified into two Inland wetlands

and Coastal wetlands which are divided into natural and man-made wetlands. Natural Inland

wetlands include lakes, ox-bow lakes/ cut-off meanders, high altitude wetlands, riverine

wetlands, waterlogged and river/stream whereas man-made inland wetlands includes

reservoirs/barrages, tanks/ponds, waterlogged and salt pans. Natural coastal wetlands include

lagoons, creeks, sand/beach, intertidal mud flats, salt marsh, mangroves and coral reefs

whereas man-made coastal wetlands include salt pans and aquaculture ponds.11

4 National Wetland Atlas: Kerala, Space Applications Centre (ISRO), Ahmedabad, India, 2010. 5 B. C. Choudhury, Planning a National Auatic Area Network (NAAN) for Conservation & Management of Rare, Threatened & Endangered Wetland Biodiversity, 12th World Lake Conference, Jaipur, 2007. 6 Sheeba Abraham, The relevance of wetland conservation in Kerala, International Journal of Fauna and Biological Studies, 2015. 7 P Leelakrishnan, Environmental Law Case Book, (2nd Edition, 2006), Lexis Nexis, Haryana. 8 Supra note 6. 9 People United For Better Living in Culcutta v. State Of West Bengal And Others, AIR 1993 Cal 215. 10 S.N. Prasad, T.V. Ramachandra and others, Conservation of wetlands of India – a review, International Society for Tropical Ecology, 2002. 11 Supra note 4.

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There are 19 different types of wetlands in India, ranging from mangroves to high-altitude

lakes, from marshes to ponds, and cover an estimated 3 percent of India's land area.12

“According to the estimate of wetlands in India, the human-made inland wetlands cover

about 37% area (3941,832 ha) and the remaining 63% are the natural wetlands (6623,067 ha).

There are also 4140,116 ha of coastal wetlands (of which the intertidal mudflats of Kutchh

alone contribute about 51%) and 555,557 ha of wetlands smaller than 2.25 ha each.”13

Kerala is the southern state embraces the coast of Arabian Sea on the west and the Western

Ghats in the east extending from 80 17’ and 120 48’ north latitude and 740 51’ and 770 20’ east

longitude.14 It estimated the total area of 160590 ha for the wetlands. Major wetlands in

Kerala are Inland wetland-Natural and Manmade and Coastal wetlands-Natural which

includes the rivers, lagoons & reservoirs, beaches, ponds, waterlogged area, ponds/tanks.15

b. Unique wetlands in India

India is a signatory to the Ramsar Convention for management of wetland which extends to a

wide variety of habitats natural wetlands and human-made wetlands.16 As per this

convention, 26 wetlands have been selected as unique wetlands or Ramsar sites in India

which are as follow: Ashtamudi wetland, Sasthamcotta lakes and Vembanad – Kole wetland

in Kerala, Chilika Lake of Orissa is for the lagoons, Bhoj wetland of Madhya Pradesh,

Sunderbans of West Bengal, Loktal Lake of Manipur, Nalsarovar Bird Sanctuary of Gujarat

and many others.17

Amongst all the states of India, Kerala has the largest proportion of area under wetlands. 18 It

has 217 wetlands which is one-fifth of the land area of state.19 Ashtamudi Lake, Vembanad

Lake and Sasthamkotta Lake are the important wetlands of Kerala out of which Vembanad

Backwater Lake is the largest in the state and Sasthamkotta lake is the largest natural fresh

12 http://www.moef.gov.in/division/national-wetland-inventory-and-assessment-nwia?theme=moef_high. 13 Prof. Brij Gopal, Wetland Conservation for Biodiversity and Ecosystem Services Needs a Shift in Land and Water Resources Policies, National Institute of Ecology, Delhi, 2015, http://www.indiaenvironmentportal.org.in/files/file/PolicyBrief.pdf. 14 Supra note 4. 15 Supra note 6. 16 Supra note 4. 17 T V R Murthy, J G Patel, S. Panigrahy and J S Parihar, National Wetland Atlas: Wetlands of International Importance under Ramsar Convention, Space Applications Centre (ISRO), Ahmedabad, India, 2013. 18 Supra note 6. 19 K. Kokkal, P. Harinarayanan and K.K. Sabu, Wetlands of Kerala, Kerala State Council for Science, Technology and Environment (KSCSTE), Kerala, India, 2008.

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water lake.20 Other than these, kerala also has important wetland sites like Parambikulam

Dam, Periyar Lake, Kaway Lagoon, Kumbalangi kayal, Malampuzha Reservoir, Kuttappuzha

kayal, Vayalar Lake, Kayamkulam Kayal, and Peechi Dam Reservoir. Amongst the district in

Kerala, Alappuzha has highest concentration area under wetland whereas Wayanad district

has the lowest area.21

c. Species found in the wetlands

Wetlands are the places where plant growth in large number which provide food and shelter

for the animals. There are many different species plants and animals that depend on wetlands

as it is temporary or permanent habitat to a wealth of species of plants, fish and wildlife.

Many species of wildlife such as mammals, plants, amphibians, reptiles, birds including the

migratory birds and fish rely on wetlands for food, habitat, breeding grounds and shelter.22

Even the terrestrial insects depend upon shallow water habitats for their breeding and larval

stages. Many species of wetland plants are used for food, fuel and for medicine also such as

Acorus calamus, Bacopa monieri, etc.23 Wetlands in India support around 2400 species and

subspecies of birds. 24 It also supports 155 species of summer birds out of which 91 are

migratory and 90 species of winter birds out of which 46 are migratory. These migratory

come to the city through the route of Trans-Asia mainly from Siberia and east Europe.25 And

223 endemic fish species and 128 monotypic genera of fishes found in India.26

Many wading birds and waterfowls like egrets, herons and cranes nest in the wetland. Of the

78 endangered species of birds in India, 55 depends on wetland (37 threatened species such

as the Sarus Crane and the spot-billed pelican and 18 near threatened species lead by the

lesser flamingo and the white ibis.27

B. Depletion of wetlands

Depletion of wetlands refers to the loss of wetlands due to the developmental activities,

increasing of population and other human activities.28 Depletion of wetland can be man-made

20 Supra note 4. 21 Supra note 6. 22 Ibid. 23 Supra note 13. 24 Supra note 10. 25 Supra note 7. 26 Supra note 10. 27 Supra note 1. 28 Supra note 3.

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or natural. Human intervention by urban expansion, housing development, Mining of

wetland, construction of dams, discharge of sewage, oil exploration, pesticide, etc. degrade

the wetland to a large extent. This destruction can be due to natural causes like erosion,

storm damage, drought, etc.29

a. Causes leading to depletion

The conservation of wetland is essential for sustainable food production and availability of

water for people, plant and wildlife. Restoration of wetlands will be very difficult once it is

used for other activities. It is also important as resting sites for migratory birds but wetlands

are losing due to the deforestation in wetlands, agriculture, watersheds, depletion of ground

water etc.30 Dumping of waste and emission of pollution also causing major threats to

wetlands and birds in India.31

Another reason for the loss of wetland is the discharge of untreated domestic, industrial

wastewaters in the wetland and agricultural run-offs as fertilizers, insecticides and feedlot

wastes and various urban developments. 32 Human ignorance towards the environment is the

most important reason for affecting it as they are treating the wetlands as dustbins for the

discharge of wastewaters as well as the disposal of solid wastes.33 Unsustainable levels of

grazing and fishing activities also resulted in degradation of wetlands.34

Kerala is well known for its wetlands but due to the developmental activities, hills and

wetlands in Kerala are under a threat and have negative impact on ecological system. Both

hills and wetlands play an important role in maintaining the hydrological cycle of the tropical

and subtropical regions therefore, demolition of these will lead to the destruction of our

hydrological cycle.35 The major issues which are faced by the wetlands of Kerala are mainly

related to pollution, eutrophication, encroachment, reclamation, mining, biodiversity loss36

and indiscriminate utilisation of land and water. As a result, the system is being degraded

specially in the tropic at an alarming rate of around 1% per year.37

29 Supra note 19. 30 Supra note 3. 31 Ibid. 32 Supra note 10. 33 Supra note 13. 34 Supra note 10. 35 Supra note 6. 36 Supra note 19. 37 Supra note 1.

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The wetlands in Kerala are currently subjected to acute pressure of rapid developmental

activities most of which are government sponsored projects especially in urban areas. In

Kerala, wetlands are affected by the unauthorised encroachment of wetland areas for non-

wetland especially to the areas adjacent to low land paddy fields, mangrove areas and other

backwater areas. Some areas also excavated for clay and soil for making country bricks and

because of these anthropogenic activities which are leading to wetland loss is responsible for

bringing these countless species of medicinal and economically important plants and animals

to the verge of extinction.38

Destruction of mangroves throughout the coastal reaches of Kerala is another issue which is

indirectly affecting the fish diversity as well as the migratory fauna. The entire wetland

system in Kerala has turned to be an endangered one due to shrinkage, pollution and over

exploitation. Regular mass migrant species like Teals from Siberia has considerably reduced

in their numbers. During the summer in Kerala, water scarcity is the another issue which is

happening due to pollution and the release of the toxic chemicals from the industries, urban

solid wastes, hospital, etc. in wetlands areas.39

PART II

A. Policies and legislations and there implementation

This part of the paper would look into the legal responsibilities of the centre, state and the

citizens to protect the wetlands and would try to find out if they are implemented properly.

The authors are not taking a specific legislation as there is no formal legal framework to

protect the wetlands as such but the provisions for the same are scattered within number of

related laws.

a. The legal framework

Several legislations have been enacted which have relevance to wetland conservation.

Apart from the constitution of India, 1950, these include Forest Act, 1927, Forest

(Conservation) Act, 1980, the Wildlife (Protection) Act, 1972, the Air (Prevention and

Control of Pollution) Act, 1974, the Water Cess Act, 1977 and the umbrella provision of

38 Supra note 6. 39 Supra note 19.

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Environment (Protection) Act, 1986, local level, The Biodiversity Act, 2002, and the

Biodiversity Rules, 2004.40

Under the Biodiversity Act 2002, The national Biodiversity Authority retain the power to

oppose the grant of intellectual property rights in any country outside India on any biological

resource obtained from India or knowledge associated with such biological resource which is

derived from India.41 This provision is placed there to safeguard the floral and faunal

biodiversity, and regulating their flow from the country to other countries for research and

commercial use.42

b. National Wetland Conservation & Management Programme (NWCP)

The State Governments are encouraged to formulate long-term comprehensive Management

Action Plans (MAPs) for a period of 3-5 years. The State Governments are expected to define

objectives taking into consideration factors responsible for degradation of the wetland. The

Action Plan should also have short-term objectives to cater to immediate problems

confronting wetlands and to go in for immediate rectification measures.43

Wetlands are dynamic areas, open to influence from natural and human factors. In order to

maintain their biological diversity and productivity and to allow wise of their resources by

human beings, some kind of overall agreement is needed between the various owners,

occupiers and interested parties. The management planning process provides this overall

agreement.44 Financial assistance under NWCP is provided for two components i.e.

Management Action Plan (MAP) and Research Projects. Under the Scheme, 100% assistance

is provided for activities. Conservation and management of wetlands is primarily vested with

the State/UTs, who are in physical possession of the area.45

A three tiered approach has been taken to implement and make this programme a success, the

three levels are the national level, the state level and the district level-

40 Conservation of Wetlands in India: A Profile (Approach and Guidelines), Conservation Division-I, Ministry of Environment & Forests Government of India, New Delhi, 2 February 2007. 41 Biodiversity Act 2002, sec- 18(4). 42 Supra note 40. 43 Ibid. 44 Annexure I, Guidelines on Management Planning for Ramsar Sites and Other Wetlands, http://shodhganga.inflibnet.ac.in/bitstream/10603/16880/14/14_annexure.pdf, (last visited 27/02/2018).

45 National Wetland Conservation Programme (NWCP), Ministry of environment, Forest and Climate change, Government of India, http://envfor.nic.in/division/national-wetland-conservation-programme-nwcp, (last visited 28/02/2018).

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The National Wetland Committee renders advice on appropriate policies, research and

training, identification of wetlands, and review of progress of MAPs. The Expert Group on

Wetlands (EGoW) appraises MAPs of identified wetlands received from various State

Governments for financial assistance. The State Wetland Committee will have

representatives of relevant State Departments like Industry, Urban Development, Municipal

Administration, Mining, and Agriculture, and State Pollution Control Board are members of

State level Committee. The activities of these sectors like obnoxious chemical, industrial

effluents, toxic run-off due to chemical inorganic fertilizers, pesticides and weedicides,

sewage discharge, solid waste and soil erosion cause pollution to wetlands and as such,

sensitization of these stakeholders is essential to secure their support and cooperation.46

Two wetlands- Kottuli in Kozhikode district and Kadalundi in Kuzhikode and Malappuram

Districy- have been identified by the ministry of environment and forest, GOI, under

NWCP.47

c. Wetlands (Conservation and Management) Rules, 2017

Article 51a (g) of the Indian constitution demands that it shall be the duty of every citizen of

India to protect and improve the natural environment including forests, lakes, rivers and

wildlife and to have compassion for living creatures.48

These rules came into existence on the 26th September, 2017, superseding the Wetlands

(Conservation and Management) Rules, 2010.

The major differences are the decentralisation of the power on the wetlands after the 2017

rules more powers have been given to the state authority upon the wetland in their

jurisdictions, leaving the centre with mere monitoring power.49 Further, the concept of ‘wise

use’50 has been introduced without giving a proper definition. In the 2010 rules there was a

list long list of thongs which was prohibited from being done on the wetlands, but the 2017

rules somehow seems to be more lenient on this, it is upon the state to decide what could be

termed as wise use, which can be very subjective and hence instead of strictly prohibiting the

use of the wetlands for certain harmful purposes, now there is a way open to the use this

wetlands in a detrimental way.

46 Supra note 19. 47 Supra note 1. 48 Ministry of environment, forest and climate change notification, New Delhi, 26th September, 2017. 49 Ibid. 50 Ibid.

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d. International Convention

The Ramsar Convention51 gives the most acceptable definition of wetlands as defined in part

I of this paper. The Ramsar Convention laid down two significant concepts relating to

wetlands. First, the contracting parties agreed to promote the conservation of wetlands

declared to be of international importance. Secondly, as far as possible, the parties should

give emphasis on the wise use of wetlands in their territory.52 India as a contracting party to

the Ramsar Convention is obliged to promote and conserve the wetlands as given under the

convention.

The Convention has 12 Articles which deal with the various aspects of wetlands, including

their definition, criteria for designation of wetlands, wise use of wetlands, establishing nature

reserves, research, monitoring, and management of wetland species, international cooperation

and transboundary wetland issues.53

Identification of wetlands is based on criteria which includes aspects of waterfowl

population, dominance of various plants/animal species, biodiversity values, cultural aspects,

religious and sacred sanctities, socio-economic aspects, sustainable fisheries, traditional

knowledge and other such issues.54

e. The regulatory framework in Kerala

In Kerala different wetlands are under different administrative control of different

departments and agencies in the state. The Kerala forest and wildlife department is in charge

of the mangrove areas and the fresh water lakes, backwater area, reservoirs, etc are under

administrative control of water resource department. The science and technology department

is co-ordinating the Costal Regulation Zone activities which also includes the mangrove

area.55

Major resources of the wetlands which are being unwisely harvested are sand, lime shell, fish

and other bio resources. The treats to wetland biodiversity are at an all time high, cause by

detrimental human activities.56

The Kerala Conservation of Paddy Land and Wetland (amendment) Act, 2017, now does

offer some protection to wetlands from getting converted to plantation. India is primarily an 51 ‘Wetlands Standard Approved’, Environmental Policy and Law, 1988, p1. 52 Supra note 7. 53 Supra note 19. 54 Supra note 1. 55 Ibid. 56 Ibid.

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agricultural society Even though Indian agriculture claims to be self sufficient from the

records, the position of Kerala is different. Kerala depends on other states for food grains and

vegetables.57

B. Indian judicial approach with regard to protection of wetland and its flora and

fauna.

There is no specific statute dealing with the conservation and regulation of wetlands,

therefore, leaving the field open for judicial interpretations and control on a case to case bias.

People United for Better Living in Calcutta v. State of West Bengal58

The Calcutta wetlands within the metropolitan area can be easily identified as the most

outstanding wetland culture.59 In this case the question before the Calcutta HC was whether

wetlands could be filled, and an industrial complex allowed in the said place. It was held that

reclaiming nature’s gifts for residential and commercial purpose could not be allowed. In the

case of EIH Ltd v. State of Rajasthan60, the construction of a hotel in the no-construction zone

near Udaipur Lake was the issue. The HC took a balanced view allowing the construction.

Consumer Action Group v UOI61

In this case the wetlands in Adayar estuary were filled up to erect a statue of a political

leader. The court in this case held that this could not be done, but the court did allow a small

portion of the area (1 acre and a half), for the purpose. The court even ordered to restore the

wetland to its previous condition.

Sachidanad Pandey v. State of West Bengal62

The SC had to examine whether an advent of a five star hotel in the part of a zoological

garden would unsettle the ecology, and hinder the flight of migratory birds visiting the

57 Paddy Land Conservation, http://shodhganga.inflibnet.ac.in/bitstream/10603/102586/14/14_chapter%207.pdf, (last visited, 28/03/2017). 58 People United for Better Living in Calcutta v. State of West Bengal, AIR 1993 CAL 215. 59 Shyam Divan, Environmenntal Law and Policy in India, 504 (2nd Edition, 2013), Oxford University Press, New Delhi, India. 60 EIH Ltd v. State of Rajasthan, AIR 2001 Raj 236. 61 Consumer Action Group v UOI, 1994 (1) MAD.L.J.REP.481. [507]. 62 Sachidanad Pandey v. State of West Bengal, AIR 1987 SC 1109.

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garden.63 The courts also in various other cases justified the regulation imposed on the tour

operators bringing tourists to Ranthambore National Park.64

CONCLUSION The protection of the wetlands requires a multi-disciplinary and holistic approach, as the

protection of the wetlands depends upon lot of interrelated factors from different disciplines,

it would be very useful to include various universities, schools, organisations, NGO’s and

most importantly the local people and bodies to contribute, to protect the wetlands. With

proper training and research done and provided to them these organisations and people would

prove to be highly reliable and at the same time low- costing asset to the authorities. A very

good example for this would be the assistance provided by The Centre for Advanced Studies

in Marine Biology at Annamalai University, Parangipettai, in the project mode for updating

all wetlands in the country.65 This would also help to raise awareness about the importance of

the wetlands amongst the people. Even in states like Kerala where people are properly

educated, people continue to believe that hills and wetlands are wastelands.

It is very evident from the practices going on, that the wetlands are detoriating day by day,

the officers of NPCA says, yet, continue to be degraded and impacted by sectoral

development.66 Compared to other states of the country, wetlands in Kerala and hills are

under threat because of developmental activities.67

As evident from the results68 of NWCP huge amount of money is being spend on the

conservation of the wetland and still the results are not eminent, this brings the authors to the

conclusion that even though huge amount of money is being spent on the conservation of

these wetlands, the implementation is not done properly.

The authors appreciate the regulation system to conserve wetlands in Kerala, as already said

it is a multi-disciplinary area of study and in Kerala different kinds of wetlands are under

different and appropriate departments, but a proper interaction and networking between these

departments is required.

63 Supra note 7. 64 Forest Friendly Camps Pvt Ltd v. State of Rajasthan, AIR 2002 Raj 214. 65 Supra note 19. 66 National Plan for Conservation of Aquatic Eco-systems, 14th July, 2016, http://www.moef.gov.in/sites/default/files/National%20Plan%20for%20Conservation%20of%20Aquatic%20Eco-systems_0.pdf, (last visited, 27/02/2018).

67 Supra note 6. 68 Supra note 19.

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As evident from the part II of the paper the judicial bend is indeed towards the conservation

of the wetlands, but the judiciary for the reasonable causes have allowed the conversation of

the wetlands.

Due to lose of economic value of a wetland, the wetlands should not be abandoned and in

such cases non- scientific use of the wetlands also should not be done. Hunting of the

migratory birds in these wetlands are on a rise now, these birds on the verge of extinction are

at stake and strict actions should be taken against such illegal hunting and poaching.

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BIBLIOGRAPHY

STATUTES

Biodiversity Act 2002

The Constitution of India, 1950

The Kerala Conservation of Paddy Land and Wetland (amendment) Act, 2017

Ministry of environment, forest and climate change notification, 2017

The Ramsar Convention, 1971

Wetlands (Conservation and Management) Rules, 2017

REPORT and GUIDELINES

Land Environment, wetlands of Kerala and Environmental Health, Kerala state

council for science, Technology and Environment, Vol I, State of Environment report-

Kerala, 2007.

Conservation of Wetlands in India: A Profile (Approach and Guidelines),

Conservation Division-I, Ministry of Environment & Forests Government of India

New Delhi, 2 February 2007.

CASES

People United For Better Living in Culcutta v. State Of West Bengal And Others,

AIR 1993 Cal 215.

EIH Ltd v. State of Rajasthan, AIR 2001 Raj 236, 2001 (4) WLN 99

Consumer Action Group v. UOI, 1994 (1) MAD.L.J.REP.481. [507].

Sachidanad Pandey v. State of West Bengal, AIR 1987 SC 1109.

Forest Friendly Camps Pvt Ltd v. State of Rajasthan, AIR 2002 Raj 214

BOOKS

P Leelakrishnan, Environmental Law Case Book, (2nd Edition, 2006), Lexis Nexis,

Haryana.

Shyam Divan, Environmenntal Law and Policy in India, (2nd Edition, 2013), Oxford

University Press, New Delhi, India.

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ARTICLES

Sheeba Abraham, The relevance of wetland conservation in Kerala, International

Journal of Fauna and Biological Studies, 2015.

National Wetland Atlas: Kerala, Space Applications Centre (ISRO), Ahmedabad,

India, 2010.

C. Choudhury, Planning a National Auatic Area Network (NAAN) for Conservation &

Management of Rare, Threatened & Endangered Wetland Biodiversity, 12th World

Lake Conference, Jaipur, 2007.

S.N. Prasad, T.V. Ramachandra and others, Conservation of wetlands of India – a

review, Tropical Ecology, International Society for Tropical Ecology, 2002.

Prof. Brij Gopal, Wetland Conservation for Biodiversity and Ecosystem Services

Needs a Shift in Land and Water Resources Policies, National Institute of Ecology,

Delhi, 2015.

T V R Murthy, J G Patel, S. Panigrahy and J S Parihar, National Wetland Atlas:

Wetlands of International Importance under Ramsar Convention, Space Applications

Centre (ISRO), Ahmedabad, India, 2013.

K. Kokkal, P. Harinarayanan and K.K. Sabu, Wetlands of Kerala, Kerala State

Council for Science, Technology and Environment (KSCSTE), Kerala, India, 2008.

National Wetland Conservation Programme (NWCP), Ministry of environment,

Forest and Climate change, Government of India,

http://envfor.nic.in/division/national-wetland-conservation-programme-nwcp.

National Plan for Conservation of Aquatic Eco-systems, Presentation to Hon’ble

Minister of Environment, Forest & Climate Change, 14th July, 2016.

WEBLIOGRAPHY

http://www.moef.gov.in/division/national-wetland-inventory-and-assessment-

nwia?theme=moef_high

Wetlands in India, http://paryavaranmitra.in/wetlands%20in%20india.pdf, accessed

on 25-02-18

Annexure I Guidelines on Management Planning for Ramsar Sites and Other

Wetlands,http://shodhganga.inflibnet.ac.in/bitstream/10603/16880/14/14_annexur.

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