Parineeta Dandekar

South Asia Network on Dam, Rivers and People (SANDRP)

C/o Plot 18, Prabhat Society, Pune
parineeta.dandekar@gmail.com
+91 9860030742
https://sandrp.wordpress.com,www.sandrp.in
31.05.16
To,
The Secretary,
Ministry of Environment, Forest and Climate Change.
Indira Paryavaran Bhavan.
Jorbagh Road, New Delhi-110003
Email: b.sikka@gov.in, ram.jindal@nic.in, c.singh@nic.in.
Subject: Submission urging the MoEF and CC to Reject Draft Wetland
(Conservation and Management) Rules 2016 which pose a serious threat to
Wetland Conservation in the country
Respected Sir,
In December 2010, after many rounds of deliberations, the Ministry of Environment, Forests
and Climate Change Finally Notified Wetland (Conservation and Management) Rules 2010,

under the Environment (Protection) Act 1986[i]. Unfortunately, due to a number of

deliberate acts of omission and commission, the Rules remained mostly unused for most of
the 6 years after their notification.[ii] The Central Wetland Authority constituted under the
Act met only once, the members which included some eminent names in conservation like
Dr. Asad Rehmani were not even informed about the status of the committee.
As you are well aware, Wetlands are considered among the most productive ecosystems
globally. Millennium Ecosystem Assessment estimates that wetlands provide services to the
extent of about $15 trillion annually. About 4.7% of Indias land area is covered by
wetlands[iii], but the influence of these wetlands go far beyond their area alone. They store
water, recharge groundwater, purify water (East Kolkata Wetlands, also a Ramsar Site, are a
remarkable example of sewage treatment by a wetland ecosystem), moderate floods, help
fight droughts, are important refuge of biodiversity and also act as carbon sinks making them
irreplaceable and invaluable in the context of climate change. They provide livelihoods to
millions of Indians directly, while providing indirect benefits to many more
people. For example, about 2 lakh farmers depend on Vembnad Kol Wetland in Kerala for
irrigation, while about 6 lakh people depend on Bhopal Lakes for water supply. Loktak Lake
in Manipur provides livelihoods to more than 1 lakh fisherfolk, while Chilika Lake in Odisha
provides livelihoods to more than 2 lakh fisherfolk. Wetlands, such as mangroves and
floodplains, play a critical role in the physical buffering of climate change impacts. A study on
the Bhitarkanika mangrove ecosystem in Orissa (second largest mangrove forest of India
mainland), estimated that cyclone damage avoided was highest in the village that was
protected by mangrove forests. The loss incurred per household was greatest in the village
that was not sheltered by mangroves and lowest in the village that was protected by mangrove
forests. Wetlands sequester Carbon through high rates of organic matter inputs and reduced
rates of decompositions (Pant et al., 2003). Wetland soils may contain as much as 200 times
more C than its vegetation!
And yet, dominant perception about wetlands among the decision makers seems to
be that wetlands are akin to wastelands or water filled bogs, worthy only of the land they
occupy.
2010 Rules somewhat useful, but unimplemented Wetlands in the country remained
ungoverned for most of six years even after the passage of Wetlands (Conservation and

Management) Rules 2010 and whenever we discussed this with MoEF&CC, we were told that
this is happening due to integration of National Wetland Conservation Program[iv] (NWCP)
and National Lake Conservation Program[v] (NLCP) into one integrated Program called
National Program for Conservation of Aquatic Ecosystems[vi] (NPCA). NWCP included
wetlands under Ramsar Convention[vii]. We were told that this process needed a complete
overhaul of Wetland (Conservation and Management) Rules 2010[viii].
Now however, before guidelines of the NPCA are put in open domain or circulated for
comments, Draft Wetland Rules (2016) have been put out by the Ministry for comments.
Among other questions, it raises the question as to what happened to the NLCP & NPCA?
In the meantime, the country witnessed devastating impacts of the Chennai Floods in NovDec 2015[x] and Jammu & Kashmir Floods in Sept 2014[xi], where encroachment and
degradation of Wetlands played a major role in amplifying the tragedy manyfolds. In this context, one was sure that the new Wetland Rules would be sharper and enable
more protection to wetlands: an entity which provides astonishing ecological goods and
services to the society[xii].
The opening line of Draft 2016 Rules seems to raise hopes for the wetlands, Central
Government considers it necessary to supersede the Wetlands (Conservation and
Management) Rules, 2010 for effective conservation and management of the
wetlands in the country. (Emphasis added.)
But any concern for wetlands ends with these empty words, Sir. To say that the Draft 2016
Wetland Rules[xiii] make a shocking reading will be an understatement.
The Draft 2016 Wetland Rules have disregarded an entire consultative process which started
way back in 2008 when the First Draft Regulatory Framework for Wetland Conservation of
India was put out by the MoEF and have severely jeopardized Wetland Conservation in the
country.
The Draft 2016 Rules are so diluted that there is no scope for modification. We
urge you to discard 2016 Rules in entirety and constitute new Rules need

through a consultative and participatory process, till then the 2010 Rules need
to be immediately implemented.
We present a brief snapshot of how Wetland conservation has been diluted over the years, to
reach a phenomenal low with the Drat 2016 Rules.
As you would know, Regulatory Framework for Wetland Conservation
Rules[xiv] which were put out for comments in 2008 and which saw participation from
several organizations and groups across the country aimed at classifying Wetlands in the
country in three categories, A, B and C based on their sizes and importantly, uses to local
communities.
The Framework also included wetlands smaller than 25 hectares and stressed
on protecting wetlands which supplied drinking water to cities as well as
settlements of 100 houses or above. Management included Prohibiting activities like
converting Wetlands to non-wetland uses, reclamation, solid waste dumping, etc.,
while Regulated activities included change in hydrology, construction in wetlands,
dredging, etc.
Institutional structure proposed by the Draft 2008 Framework was very interesting and
worked in three tiers: A Central Wetland Authority, a State Wetland Authority and a District
Wetland Conservation Committee, which included members from villages and Gram
panchayats. Wetlands for notification could be nominated by a number of entities, including
community organizations and even industry bodies. It also had a separate Penal Provision
Clause.
Several organizations held multiple workshops and consultations on this draft, and
comments were sent to the MoEF&CC. However, the actual Rules which were Notified in
December 2010[xv] were radically different than this circulated 2008 Draft! The entire
participatory nature of 2008 Framework was replaced by just two authorities: A State
Wetland Authority and Central Wetland Authority,[xvi] with participation restricted mainly
to government officials. State Wetland Authority was to nominate wetlands for notification
and Central Authority was to process this, with a recommendation to the government. Within

a year of notification of Wetland Rules 2010, States were supposed to identify and classify all
wetlands in their jurisdiction in a Brief Document.
However, the nuanced classification of Wetlands according to their uses, water supply
capacities, distance from Heritage sites, etc. was taken out. Criteria in the 2010 Rules which
qualified a Wetland for notification were: Ecologically important and sensitive wetlands, High
altitude wetlands greater than 5 hectares in size in elevations higher than 2500 meters,
wetlands above 500 hectares below 2500 meters and wetlands nominated by State
Authorities. Community participation and wetlands important for water supply were taken
out.
Prohibited activities in 2010 Rules included reclamation, setting up new industries,
manufacture, handling and discharging hazardous wastes, solid waste dumping, discharge of
untreated waste water and effluents, permanent construction.
Regulated activities included Hydrological modifications and water withdrawal, diversion
or interruption from the wetland or its catchment, harvesting resources, treated effluent
discharges, dredging, construction of boat jetties, aquaculture, agriculture, repair of existing
buildings, etc. For this prior permission had to be obtained from the State government, only
after conducting a proper EIA.
The Central Wetland Authority was supposed to decide Wetlands for notification in
consultation with the State Wetland Authority after analysis of the Brief Document sent by
the States.
Unfortunately, due to utter lack of monitoring and will from the Center, nearly no Brief
Documents reached the MoEF for consideration, even after 6 years of promulgation of the
Rules! This also indicates the total lack of enthusiasm on the parts of states to protect or notify
or regulate their wetlands. With this knowledge, making any effort to give powers solely to
states to manage their Wetalnds akin to committing Harakiri.
In the context of all this, the Draft Wetland Rules (2016) have some serious problems:

1. Entirely Dismantled the Central Wetland Authority. There is no role for the
Center to play in Wetland Conservation or Protection. This is emphasized by a
sentence added in the Preamble of the Rules which states: State Governments need
to take into account wetland ecosystem services and biodiversity values within their
developmental programming, also taking into cognizance that land and water,
two major ecological constituents of wetland ecosystems are enlisted as
State subjects within the Constitution. (Emphasis added)
It has been argued that one of the main reasons for diluting Wetlands Rules was to give more
authority to States as land and water are state subjects. This reason alone is unacceptable for
a number of reasons. Firstly, Wetlands are far more than state subjects of water and land.
To see wetlands only limited to land and water shows environmental bankruptcy, since
wetlands are much more than that, a fact that Environment Minister at least should
appreciate. In any case, the Wetland Rules themselves do not even deal with issues related to
Land and Water, so why this supposed attempt of fake decentralisation?
Secondly, six years after the Wetland Rules of 2010 were notified, the states have shown no
initiative or will to even prepare a Brief Document for protecting wetlands in their territories.
Where is the precedent? This is precisely the quagmire where Center needs to firmly guide
the states towards taking sustainable steps in protecting natural resources. But the Center
seems to have abdicated its responsibility.
Thirdly, wetlands are an important ecological entity giving multiple services to
the society and their protection lies firmly in the realm of Environment, which
is under the concurrent purview as per Indian Constitution.
Ironically, there is no decentralization here either. There is no role for the local community
to play, unlike the Framework Rules. So it is still as centralized as ever.
2. No role for local communities or non-governmental members in the State
Wetland Authorities The State Wetland Authority consists of 15 members, Chaired
by the Chief Minister with Secretaries of various departments as members. It includes
only 4 expert members, which can be from the government. There is no space for
community participation, NGO participation or independent experts in this Authority.

The same Authority is entrusted with taking highly technical decisions about the
Ecological Character and Ecosystem Goods and Services of Wetlands, when there is
no such expertise on board.
3. No criteria or even a Guideline for Wetlands which should be notified by
the State. Its all upto the States inclination! No mention of wetlands on the basis of
there uses, size, ecological importance, heritage sites, etc.
4. No criteria about the minimum and maximum areas of Wetlands that state has to
notify
5. No mention even of Wetlands of National Importance
6. No mention of how Ramsar Wetlands would be governed
7. No mention of Interstate and Transboundary wetlands and how these would be
governed and by whom
8. No guidelines about activities that should be Prohibited or even Regulated
in the Wetlands by States! Section 6: Process of Notification of Wetlands does not
even mention the word prohibition. On the other hand, it talks about Lists of
uses permitted within the wetlands! No guidelines or specifications about
Regulated Activities.
9. The State Wetland Authority does not have Powers to Prohibit any activity in the
Wetlands, only regulate them!
10. State Wetland Authority does not have any authority to take Penal Action against
parties who violate the Rules.
11. It is not clear which department will be coordinating these activities. In 2010 Rules, it
was made clear that Forest Department would be entrusted with this responsibility.
12. The provision of Appeal Against Decision of Authority in NGT, namely the Section 9
of Wetland Rules 2010 is missing in Draft Rules 2016.

13. The State Wetland Authority is now asked to demarcate Wetlands, when this exercise
has already been mostly completed for the entire country by ISRO through its National
Wetland Atlas![xvii]
14. The Chief Executive of the state, the Chief Minister, is also head of the state Wetlands
Authority, there is clearly a conflict of interest.
15. Wetland Rules 2010 had timelines from notification to other stages, the Draft Rules
2016 has no timeline, no process.
The only clause which talks about Restriction of Activities in Wetlands is so broad-based and
nonspecific, that it is nearly unimplementable: Restrictions of activities in wetlands.(I)
The wetlands shall be conserved and managed in accordance with principle of 'wise use'
for maintaining their ecological integrity.
Now, the principles of Wise Use, Ecosystem Approach and Ecologic Integrity
etc., though used rampantly in Ramsar parlance, are slippery terms which have
no specific application. Use of such words ensures that the Act lacks any
specificity and teeth.
There is a case before the National Green Tribunal[xviii] challenging the tardy
implementation of the 2010 rules. On 22 April, weeks after the draft rules were published, the
Tribunal asked a status report from the Center on declaration of wetlands, and the states to
submit the list of wetlands in their territory. It also asked states of give list of notified wetlands
in at least 5 districts in smaller states and at least 10 districts in larger states.
To conclude, we reiterate that the Draft Wetlands (Conservation and Management) Rules
(2016) need to be rejected in entirety. There are too many issues to be addressed there.
We request the MoEF&CC to take back the 2016 Rules and initiate the process afresh, building
on past Draft Framework for Wetland Management (2008) and Wetland Rules (2010). We
also request a wide public consultation phase in which these Rules are discussed also by the
stakeholders like fisherfolk, farmers, boatsman, urban planners, etc. We would be willing to
make this submission in person, while reserving the right to make additional submissions.

We look forward to your response to the points raised above.

Thanking you,
Sincerely,
Parineeta Dandekar and Himanshu Thakkar
(parineeta.dandekar@gmail.com, ht.sandrp@gmail.com)
SANDRP
~~~
END NOTES:
[i] http://www.sandrp.in/rivers/Indias_wetlands_in_peril_Feb_2011.pdf
[ii] https://sandrp.wordpress.com/2016/02/02/press-release-world-wetlands-daycomplete-regulatory-vacuum-around-indias-wetlands/
[iii] http://www.sciencedirect.com/science/article/pii/S221458181400010X
[iv] According

to http://envfor.nic.in/division/national-river-conservation-directorate-

nrcd (accessed on May 30, 2016), Under NWCP, for conservation of identified wetlands,
funds have been provided to the State Govts for various conservation activities like survey &
demarcation, catchment area treatment, bio-diversity conservation, fisheries development,
pollution abatement, education & awareness, R&D etc. The list of wetland identified till now
under the National Wetland Conservation Programme is given in Annexure-V. So far an
amount of Rs138.60 crore has been released for wetland conservation as per State-wise
details given at Annexure-VI.
[v] According

to http://envfor.nic.in/division/national-river-conservation-directorate-

nrcd (accessed on May 30, 2016), NLCP scheme was under implementation since June, 2001

for conservation and management of polluted and degraded lakes in urban and semi-urban
areas of the country, through an integrated ecosystem approach. The mandate of the NLCP
Scheme has been pollution prevention and conservation of perennial lakes. Funding pattern
under NLCP is on a 70:30 cost sharing between the Central and the State Government. So far
under NLCP, a total of 46 projects for conservation of 63 lakes have been sanctioned in 14
States at a sanctioned cost of Rs. 1096.09 crore (as per details at Annexure-IV) and
conservation works for 27 lakes have been completed.
[vi] According

to http://envfor.nic.in/division/national-river-conservation-directorate-

nrcd (accessed on May 30, 2016), To avoid overlap and promote better synergies, both the
schemes have been merged in February, 2013 into a new scheme called National Plan for
Conservation of Aquatic Eco-systems (NPCA). The merged scheme is to be operational
during XII Plan Period with approved outlay of Rs.525 crore. NPCA shall have a funding
pattern of 70:30 cost sharing between Central Govt and respective State Govts. (90:10 for NE
States).
[vii] According

to http://envfor.nic.in/division/national-river-conservation-directorate-

nrcd (accessed on May 30, 2016), Ramsar Convention is the only global environment treaty
dealing with wetland ecosystems. India is also a party to the Convention and 26 wetlands are
identified under the List of Wetlands of International Importance (Annexure-VII).
[viii] The tenure of the central authority has been extended to Sept 16, 2016 through a gazzett
notification,

see: http://envfor.nic.in/sites/default/files/GSR%20481.pdf dated

May

3,

2016.
[ix] http://envfor.nic.in/orders, http://envfor.nic.in/sites/default/files/GSR%20385%20(E
).PDF
[x] https://sandrp.wordpress.com/2015/12/05/chennai-floods-cities-today-countrysidetomorrow/
http://qz.com/563396/chennai-floods-are-not-a-natural-disaster-theyve-been-created-bygreedy-town-planners-and-dumb-engineers/

[xi] http://www.ndtv.com/india-news/loss-of-wetlands-aggravated-floods-in-jammu-andkashmir-report-667031, https://sandrp.wordpress.com/2014/09/06/why-does-centralwater-commission-have-no-flood-forecasting-for-jammu-kashmir-why-this-neglect-bycentral-government/

[xii] http://iced.cag.gov.in/wp-content/uploads/C-22/PresentationCAG_Wetlands.pdf
[xiii] Some

noteworthy

media

reports

about

Draft

Wetland

Rules

2016: http://www.catchnews.com/environment-news/centre-s-new-wetland-protectionrules-are-a-joke-1464354028.html, http://www.business-standard.com/article/economypolicy/centre-prepares-to-dilute-wetland-protection-rules116052601606_1.html, http://www.thequint.com/india/2016/05/28/our-wetlands-underthreat-diluted-rules-could-spell-disaster

[xiv] http://www.vembanad.org/wp-content/themes/atree/docs/india-wetlandregulatory_framework.pdf
[xv] http://www.moef.nic.in/downloads/public-information/Wetlands-Rules-2010.pdf
[xvi] http://www.sandrp.in/rivers/Indias_wetlands_in_peril_Feb_2011.pdf
[xvii] http://www.sandrp.in/rivers/National_Wetlands_Atlas_2011Taking_Baby_Steps_in_the_Right_Direction.pdf
[xviii] http://articles.economictimes.indiatimes.com/2016-0519/news/73202506_1_wetlands-national-green-tribunal-union-territories
[xix] http://envfor.nic.in/sites/default/files/GSR%20385%20(E).PDF
[xx] Some noteworthy SANDRP blog on the subject of Wetlands:
1. https://sandrp.wordpress.com/2016/04/05/urban-wetlands-and-floods/
2. https://sandrp.wordpress.com/2016/02/02/press-release-world-wetlands-daycomplete-regulatory-vacuum-around-indias-wetlands/

3. https://sandrp.wordpress.com/2015/06/04/remembering-wetlands-on-worldenvironment-day/
4. https://sandrp.wordpress.com/2015/02/02/world-wetlands-day-2015-bleedingour-wetlands-dry-rivers-and-wetlands-need-hydrological-protection-too/
5. https://sandrp.wordpress.com/2013/02/05/world-wetlands-day-2013-includerivers-in-indias-definition-of-wetlands-follow-the-ramsar-convention/
6. https://sandrp.wordpress.com/2015/12/05/chennai-floods-cities-todaycountryside-tomorrow/
7. https://sandrp.wordpress.com/2013/02/08/national-plan-for-conservation-ofaquatic-ecosystems-omits-rivers/