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"The core legal conflict involves a divergence between India's domestic Wetlands Rules, 2017, and the international Ramsar Convention standards. While the Ramsar Convention adopts a 'functional' definition—protecting both natural and artificial waterbodies based on their ecological roles—the Indian 2017 Rules utilize an 'origin-based' criteria under Rule 2(g). This rule explicitly excludes human-made waterbodies such as paddy fields, irrigation tanks, and aquaculture ponds from the legal definition of wetlands. This creates a significant legal vulnerability, as a substantial portion of India's designated Ramsar sites (39 out of 94) are human-made and may lose strict protection under domestic law. The Supreme Court's examination focuses on whether this regulatory shift violates the 'Principle of Non-Regression' (the doctrine against weakening existing environmental protections) and the 'Public Trust Doctrine' (the State's duty to manage natural resources for the public good). The case highlights the tension between the 2017 Rules' decentralized governance model and the need for robust, treaty-aligned ecological safeguards."
Exclusions: Explicitly removes river channels, paddy fields, and human-made waterbodies/tanks constructed specifically for:
Drinking water supply and irrigation.
Aquaculture and fish culture.
Salt production.
Recreation and allied industrial/utility reservoirs.
Impact Metric: In the context of the ongoing environmental litigation, 39 out of 94 designated Ramsar sites in India are human-made or historically developed waterbodies, meaning they are vulnerable to losing strict local legal shields under the current text.
| Feature | Wetlands Rules, 2010 | Wetlands Rules, 2017 |
|---|
| Definitional Scope | Full adoption of the Ramsar Convention definition (protected human-made utility tanks). | Restricted scope via Rule 2(g) (excludes human-made/utility structures). |
| Central Oversight | Constituted the Central Wetland Regulatory Authority (CWRA) to monitor enforcement. | Abolished the CWRA; transitioned entirely to a decentralized model. |
| State-Level Bodies | Had advisory/limited powers under the central body. | Created powerful State Wetlands Authorities in each State/UT, headed by the State Environment Minister. |
| Prohibited Activities | Contained an explicit, legally binding schedule of blanket prohibitions (e.g., land reclamation). | Removed the absolute schedule; shifted management to the adaptive principle of "Wise Use". |
| Identification Focus | Based on functional characteristics (soil saturation, vegetation, ecosystem services). | Shifted to origin-based criteria (natural vs. man-made). |