Policies to protect India’s vanishing wetlands are in place but are missing in action

Despite the introduction of the Wetlands (Conservation and Management) Rules in 2010 and their revision in 2017, India’s wetlands continue to degrade at an alarming rate. 

These ecosystems, vital for biodiversity, water security and flood mitigation, face unchecked urban encroachments, pollution and poor enforcement of conservation policies. 

Judicial interventions, including those under Writ Petition (Civil) No. 230/2001, have repeatedly highlighted the ecological and social significance of wetlands, yet progress remains elusive.

In 2017, the Supreme Court imposed a penalty of Rs 50,000 on the government for its failure to prepare a comprehensive wetland inventory and address deficiencies in 1,683 proposals for conservation. 

The court’s reprimand underscored the critical importance of wetlands and the consequences of neglect. Yet, systemic challenges continue to obstruct meaningful action.

Glaring omission

In December 2024, conservationists Manu Bhatnagar and Vikrant Tongad filed a plea before the Supreme Court, urging the inclusion of all wetlands less than 2.25 hectares under the Wetlands (Conservation and Management) Rules, 2017. The petition emphasised the critical need to protect smaller and seasonal wetlands by documenting their maximum spread during monsoons in official records. 

It highlighted that the exclusion of these water bodies from legal protection was accelerating their disappearance, undermining biodiversity and ecological balance. This plea highlights a longstanding judicial push for wetland conservation, dating back to 2001, when the Supreme Court directed the government to create a comprehensive inventory of wetlands. However, persistent delays and non-compliance have left many of these vital ecosystems vulnerable to degradation and encroachment.

The Wetlands (Conservation and Management) Rules, 2017, notified by the Union Environment Ministry, is a good initiative as it gives an ownership of land but proper demarcation and notification of the water bodies both small and large must be the focus. 

The idea to file the PIL is to request the judiciary to protect all the water bodies as noted and recorded in the First Census Report by the Ministry of Jal Shakti and seasonal wetlands to be legally protected at their highest flood level, Vikrant Tongad, a conservationist and petitioner of WRIT PETITION (CIVIL) NO. 230 OF 2023, told Down To Earth.

Governments falling short 

The responsibility for protecting water bodies lies with state governments, yet many have failed to act effectively. In July 2024, the Supreme Court ordered the Uttar Pradesh government to investigate illegal fillings of water bodies in Nagina tehsil, Bijnor district. The court directed the examination of historical revenue records to verify the existence of these water bodies and to propose restoration measures. 

This case highlights the pervasive neglect of water resources, worsened by rapid urban expansion and encroachments. 

Similarly, Tamil Nadu’s Pulicat Bird Sanctuary faces ongoing threats from land-use changes. While the Tamil Nadu State Wetland Authority has advocated for extending protections under the 2017 Wetland Rules, significant action remains uncertain.

Judicial oversight

The National Green Tribunal (NGT) has played a pivotal role in addressing wetland violations. In 2021, the NGT directed Jammu and Kashmir’s Chief Secretary to address encroachments and unscientific waste dumping in Hokersar Wetland and Wular Lake. 

The tribunal emphasised the application of Rule 4 of the Wetlands Rules, 2010, to the 2,01,503 wetlands identified by the Union government. These rules prohibit activities such as reclamation, hazardous waste disposal and untreated effluent discharge, with phased timelines for compliance. Yet, enforcement remains inconsistent, undermining conservation efforts.

The District Wetland Authority is responsible for ensuring that no activities leading to wetland destruction take place. The authority has the power to impose penalties for any violations. 

However, the actual implementation of these rules has been far from satisfactory. In several districts, these authorities have not yet been established and even in those where they have been,  meetings have not taken place, says Venkatesh Dutta, Professor of environmental sciences at Ambedkar University, Lucknow. 

Bridging the gap

While policies provide a foundation for wetland conservation, their implementation is hampered by weak enforcement, pollution and unscientific restoration practices. 

The Centre for Science and Environment stresses the need for legal recognition of all water bodies, the prohibition of waste disposal into wetlands and the preparation of robust conservation plans. Additionally, effective monitoring mechanisms are essential to ensure compliance and long-term sustainability.

India’s wetlands are vanishing under the dual pressures of urbanisation and neglect. While judicial interventions have driven some progress, the systemic challenges in governance and enforcement threaten the survival of these critical ecosystems. The time for action is now. Protecting wetlands requires not just policies but also decisive, sustained efforts to balance development with ecological preservation.

Table 1: Significant court hearings and its outcome on lakes and water bodies from the year 2017 to 2024