Supreme Court Extends Stricter Scrutiny on Mining Near Ramsar Wetlands Across India

Why in News?

The Supreme Court has clarified that its February 2024 order requiring prior approval from the National Board for Wildlife (NBWL) or the Ministry of Environment, Forest and Climate Change (MoEFCC) for mining activities within 10 km of the Asan Wetland Conservation Reserve is not limited to a single site. The Court stated that the principle applies to all similarly notified wetland and community reserves across the country.

Key Highlights

1. Uniform Application of Buffer Restrictions
   • The Supreme Court held that mining projects proposed within a 10 km radius of notified wetland and community reserves must undergo enhanced environmental scrutiny.
   • Such projects require prior approval from the NBWL or MoEFCC before commencement.
   • The ruling seeks to ensure a consistent regulatory approach across all states.

2. Strengthening Protection of Ramsar Wetlands

• The Court observed that although Indian laws do not prescribe a specific statutory buffer zone around Ramsar sites, their international ecological significance warrants special protection.
• The objective is to preserve the ecological character and biodiversity of these wetlands.

3. Background: Asan Wetland Conservation Reserve Case

• The clarification arose from a petition filed by Himachal Pradesh regarding the applicability of the Asan Wetland order beyond Uttarakhand.
• The Court directed the MoEFCC and NBWL to examine whether the ecological boundaries of the Asan Wetland extend into Himachal Pradesh.

4. India’s Ramsar Site Milestone

• India recently added Glaw Lake in Arunachal Pradeshto the Ramsar List.
• With this addition, India now has 101 Ramsar sites, the highest number in Asia.

5. Concerns Regarding Wetland Governance

• The Wetlands (Conservation and Management) Rules, 2017transferred regulatory responsibilities to State Wetland Authorities.
• Unlike the 2010 Rules, the 2017 framework does not contain an explicit list of prohibited activities around wetlands.
• The constitutional validity of certain provisions of the 2017 Rules is currently under judicial examination.

6. Existing Regulatory Gap on Mining Near Wetlands

• Mining is strictly prohibited within National Parks and Wildlife Sanctuaries, and a mandatory 1 km Eco-Sensitive Zone (ESZ)generally acts as a buffer.
• However, no uniform statutory buffer distance existed for wetlands, creating regulatory uncertainty.
• The Supreme Court’s ruling seeks to address this gap through judicial oversight.

Key Terms

Ramsar Site

A wetland designated under the Ramsar Convention, 1971 as a wetland of international importance for biodiversity conservation and sustainable use.

Conservation Reserve

A protected area notified under the Wild Life (Protection) Act, 1972 to safeguard habitats, landscapes, flora, and fauna, particularly in areas adjoining protected forests and wildlife sanctuaries.

Eco-Sensitive Zone (ESZ)

A buffer area notified around protected areas under the Environment (Protection) Act, 1986 to minimize adverse impacts from developmental and industrial activities.

Constitutional and Legal Framework

Constitutional Provisions

• Article 48A: Directs the State to protect and improve the environment and safeguard forests and wildlife.
• Article 51A(g): Imposes a fundamental duty on citizens to protect and improve the natural environment.

Statutory Framework

• Wild Life (Protection) Act, 1972: Empowers the NBWL to examine projects affecting wildlife habitats.
• Environment (Protection) Act, 1986: Provides the legal basis for wetland regulation and environmental clearances.
• Wetlands (Conservation and Management) Rules, 2017: Governs identification, management, and conservation of wetlands.
• Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980: Requires Central Government approval for diversion of forest land for mining and other non-forest purposes.
• EIA Notification, 2006: Mandates environmental impact assessment for specified developmental projects.

Significance of the Judgment

• Establishes a uniform precautionary approachfor mining activities near ecologically sensitive wetlands.
• Reinforces India’s commitment to wetland conservation and Ramsar obligations.
• Addresses a long-standing regulatory gap regarding buffer-zone protection around wetlands.
• Balances developmental interests with the principle of sustainable environmental governance.

The Supreme Court’s ruling marks an important step toward strengthening wetland conservation in India. By extending stricter scrutiny to mining activities near Ramsar and other protected wetlands, the Court has reinforced the precautionary principle and ensured that ecologically sensitive aquatic ecosystems receive greater protection while balancing developmental needs.