The Ramsar Convention and India’s Wetlands
Chapter Thirty-Four
Syllabus topic 1, "Bio-diversity"
Pages 105 to 108 of 818
In one line
A wetland is a kind of protected area that the Wild Life (Protection) Act does not create, and the instrument that protects it is a treaty of 1971 given effect in India by rules made under the Environment (Protection) Act.
In exam wording: the Convention on Wetlands of International Importance especially as Waterfowl Habitat was signed at Ramsar on 2 February 1971; article 1 defines wetlands as areas of marsh, fen, peatland or water, 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 metres; article 2 requires each Party to designate suitable wetlands for a List of Wetlands of International Importance; article 3 requires planning to promote their conservation and, as far as possible, the wise use of all wetlands in the Party's territory; and article 4 requires the establishment of nature reserves on wetlands whether listed or not.
Why wetlands needed their own treaty
A wetland is not a forest and not a sea, and it fell between the statutes of every country. It is also the habitat of migratory waterfowl, which no single country can protect. Ramsar was signed in 1971, before Stockholm, and is the oldest of the modern conservation treaties.
The definition, and why it is so wide
Article 1(1) covers marsh, fen, peatland or water; natural or artificial; permanent or temporary; static or flowing; fresh, brackish or salt; and includes marine water no deeper than six metres at low tide. Article 1(2) defines waterfowl as birds ecologically dependent on wetlands.
The breadth is deliberate. It brings in a village tank, a reservoir, a salt pan, a mangrove and a coral shallows, all of which would otherwise be governed by different departments.
The four obligations
Article 2: designate. Each Party designates suitable wetlands within its territory for inclusion in the List, whose boundaries must be precisely described and delimited on a map. Article 2(4) requires each Party to designate at least one wetland on signing or ratifying. Article 2(5) allows a Party to add sites, to extend boundaries, or, because of its urgent national interests, to delete or restrict the boundaries of a site it has listed, informing the bureau at the earliest possible time. Article 2(6) requires a Party to consider its international responsibilities for migratory stocks of waterfowl both when designating and when changing entries.
Article 3: plan, and report change. Formulate and implement planning to promote the conservation of listed wetlands and, as far as possible, the wise use of wetlands in the territory. Article 3(2) requires each Party to arrange to be informed at the earliest possible time if the ecological character of a listed wetland has changed, is changing or is likely to change as a result of technological developments, pollution or other human interference, and to pass that information on without delay.
The Ramsar Convention and India’s Wetlands
Article 4: reserves and compensation. Promote the conservation of wetlands and waterfowl by establishing nature reserves on wetlands, whether listed or not, and provide adequately for their wardening. Where a Party deletes or restricts a listed site in its urgent national interest, it should as far as possible compensate for the loss, and in particular should create additional nature reserves for waterfowl and for the protection of an adequate portion of the original habitat, in the same area or elsewhere. The article also requires encouragement of research and exchange of data, endeavours to increase waterfowl populations through management, and training of competent personnel.
Article 5: consult. Parties shall consult each other about implementing obligations, especially where a wetland extends over more than one territory or a water system is shared.
Two ideas a student should be able to define
Wise use. The Convention's own standard for wetlands generally, as distinct from the stricter conservation duty for listed sites. Article 3(1) requires conservation of listed wetlands and wise use of wetlands in the territory as far as possible.
Change in ecological character. The trigger in article 3(2). It is the Convention's early warning device, and it is the only reporting duty in the instrument.
How India protects a wetland
Not under the Wild Life (Protection) Act 1972 as such. A wetland may of course lie inside a sanctuary or national park declared under sections 18, 26A or 35, and many Indian Ramsar sites do. But the Act creates no category called a wetland.
Under the Environment (Protection) Act 1986. Section 3 empowers the Central Government to take all such measures as it deems necessary for protecting and improving the quality of the environment, including restriction of areas in which industries or operations may not be carried out, and section 5 empowers it to issue directions. The Wetlands (Conservation and Management) Rules made under those powers are the instrument that identifies wetlands, prohibits categories of activity in them and constitutes State authorities.
Section 24 of the Environment (Protection) Act is relevant because it governs the relationship with other laws: where an act or omission is punishable both under that Act and under another, the offender is punished under the other law.
Definition of land in the 1972 Act. Section 2(17) defines land to include canals, creeks and other water channels, reservoirs, rivers, streams and lakes, and, after amendment, marshes and wetlands and boulders and rocks. So a wetland can be inside a protected area declared under that Act.
The Ramsar Convention and India’s Wetlands
Worked example
A State proposes to reclaim part of a listed Ramsar site for a housing scheme, and says the site was listed voluntarily and can be de-listed. Test that.
Article 2(5). A Party may, because of its urgent national interests, delete or restrict the boundaries of a wetland it has listed. So the power exists. But a housing scheme is not obviously an urgent national interest, and the Party must inform the bureau at the earliest possible time.
Article 4(2). If it does restrict the site, it should as far as possible compensate for the loss of wetland resources, and in particular create additional nature reserves for waterfowl and protect an adequate portion of the original habitat, in the same area or elsewhere.
Article 3(2). The change in ecological character must be reported without delay.
Indian law is where the enforceable answer is. If the wetland is notified under the Wetlands Rules made under sections 3 and 5 of the Environment (Protection) Act 1986, the prohibited activities in those rules apply and reclamation will be among them. If the wetland is inside a sanctuary, section 29 of the 1972 Act prohibits destroying or damaging the habitat of a wild animal without a permit, and the permit may be granted only where the State Government is satisfied it is necessary for the improvement and better management of wildlife.
The honest conclusion. Ramsar listing is a commitment between States and creates no right in an Indian citizen. What creates the right is the domestic notification, and a petition will be founded on that and on Article 21, with Ramsar as the standard against which the State's conduct is measured.
Quick revision
- Signed at Ramsar, 2 February 1971. The oldest of the modern conservation treaties.
- Article 1: a very wide definition, including marine water not deeper than six metres at low tide.
- Article 2: designate for the List; at least one on joining; delete or restrict only for urgent national interests.
- Article 3: conservation of listed sites, wise use of all wetlands, and report change in ecological character.
- Article 4: nature reserves whether listed or not; compensation if a site is cut.
- India protects wetlands by rules under sections 3 and 5 of the Environment (Protection) Act 1986, not by the Wild Life (Protection) Act 1972.
Test yourself
1. What is the difference between the duty owed to a listed wetland and the duty owed to wetlands generally? Article 3(1) requires planning to promote the conservation of listed wetlands, and, as far as possible, the wise use of wetlands in the Party's territory. Conservation is the stronger duty and applies to listed sites; wise use is the general standard.
The Ramsar Convention and India’s Wetlands
2. May a Party remove a site from the List? Yes, under article 2(5), because of its urgent national interests, informing the bureau at the earliest possible time. Article 4(2) then asks it, as far as possible, to compensate for the loss, in particular by creating additional nature reserves for waterfowl and protecting an adequate portion of the original habitat.
3. Which Indian statute protects a wetland, and under which sections? The Environment (Protection) Act 1986. The Wetlands (Conservation and Management) Rules are made under the powers in sections 3 and 5, and section 25 is the general rule making power. The Wild Life (Protection) Act 1972 creates no wetland category, although section 2(17) includes marshes and wetlands within the definition of land.
The rest of this subject
These notes are cut from the University's printed syllabus. Open the syllabus itself, or the past papers, for the same subject.