To
The Secretary
Ministry of Environment, Forest and
Climate Change
Indira Paryavaran Bhavan
Jorbagh Road
New Delhi-110003
1st June, 2016
Subject: TWA’s comments on Draft Wetland (Conservation
and Management) Rules, 2016
Sir,
This is with reference to the invitation for submission
of objection or suggestion with respect to the Draft
Wetlands (Conservation and Management) Rules, 2016 published on 1st April,
2016 in the Gazette of India aimed at supersession of Wetlands (Conservation
and Management) Rules, 2010.
(Picture: Okhla wetland, Delhi)
Having read both the 2010 Rules, the Draft 2016 Rules and
the details of the processes since 2008, we submit the following:
1. Given the fact that Wetlands (Conservation and Management) Rules, 2010 was not implemented, the
Draft Wetlands (Conservation and Management) Rules, 2016 seem to raise hopes for conservation and
management of the wetlands in the country in an effective manner. But perusal
of the details contained in all the seven sections and the schedule reveals
that the Draft 2016 Rules has ignored the consultative process which commenced in
2008 in response to the First Draft Regulatory Framework for Wetland
Conservation of India.
2. It is quite disturbing to note that the
Draft 2016 Rules dismantle the Central Wetland Authority. The Preamble of the
Rules reads: “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”. It
underlines that Central Government has no to play in Wetland
Conservation or Protection.
3. Wetlands cannot be seen merely as
subjects of States like “water” and “land”. Such approach demonstrates lack of
understanding about ecosystem and a deeply parochial application of legal mind.
It is quite evident that Wetland Rules do not deal with issues related to Land
and Water. In such situation, decentralization argument being advanced does not
appear genuine, sincere and honest.
4. It is noteworthy that the States have
shown no initiative or political will to prepare the required Brief Document
for protecting wetlands in their territories under Wetland Rules, 2010 although
almost six years have passed it was notified,
5. It needs to be appreciated that wetlands
are ecologically fragile. It provides several services to the society
and the ecosystem.
2. The Draft 2016 Rules provide for no
role for the local community to play.
7. It does not provide role for local
communities or civil society members in the State Wetland Authorities. It
includes only 4 expert members, which can be from the government. This Authority
is entrusted with taking highly technical decisions about the Ecological
Character and Ecosystem Goods and Services of Wetlands although there is no
such expertise on board.
10. In the Draft 2016 Rules there is no criterion
or Guideline for Wetlands which should be notified by the State. There is no reference
to wetlands on the basis of their uses, size, ecological importance, heritage
sites, etc. There is no criterion about the minimum and maximum areas of
Wetlands that State has to notify. There is no mention of Wetlands of National
Importance. There is no mention of how Ramsar Wetlands would be governed
either. There is no mention of Interstate and Transboundary wetlands and how
these would be governed and by whom.
11. There are no guidelines about
activities that should be Prohibited or Regulated in the Wetlands by States. It
is noteworthy that Section 6: Process of Notification of Wetlands does not
mention the word prohibition instead it provides “Lists of uses permitted
within the wetlands”. There are no guidelines or specifications about Regulated
Activities.
11. It is quite strange that under the
Draft Rules the State Wetland Authority does not have Powers to prohibit any
activity in the Wetlands. It can only regulate them.
13. It is incomprehensible as to why State
Wetland Authority does not have any authority to take Penal Action against
parties who violate the Rules. 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. The provision of Appeal
Against Decision of Authority in NGT, namely the Section 9 of Wetland Rules
2010 is missing in Draft Rules 2016.
14. At a time when the exercise of
demarcating wetlands has already been mostly completed for the entire country
by ISRO through its National Wetland Atlas, it is not reasonable for the State
Wetland Authority to demarcate Wetlands afresh.
15. There is a manifest conflict of
interest given the fact that the Chief Executive of the State, the Chief
Minister, is also head of the state Wetlands Authority.
16. Wetland Rules 2010 had timelines from
notification to other stages but the Draft Rules 2016 has no timeline and there
is no process.
17. It is
important to pay heed to “Angry Birds Skip Polluted Delhi” a report from Ranjit
Devraj, the editor of Inter Press Service (IPS) (www.ipsnews.net/2013/08/angry-birds-skip-polluted-delhi/).
This report refers to the view of Shri Tarun Kumar Roy, coordinator of the
Asian waterbird census of Wetlands International (WI), some 10,000 birds could
be counted at the Okhla sanctuary a decade ago. He said, “That number has now
been reduced by half, to around 5,000 birds”. Wetlands International, a
Netherlands-based not-for-profit organisation, works to conserve wetlands and their
resources for people and for the cause of biodiversity. There has been demands to
get South Delhi ‘s Okhla sanctuary in recognition as a site protected under the
1971 Ramsar Convention. The recognition for the Okhla sanctuary as a Ramsar
site can stop encroachments on wetlands with ecological, economic, cultural,
scientific and recreational significance. “The fact that a good number of
transcontinental migratory birds visit the Okhla sanctuary makes it an
outstanding candidate for designation as a Ramsar site,” Faizi S. Faizi, who is
a member of the expert committee on biodiversity and development at the United
Nations Convention on Biological Diversity. It is noteworthy that Okhla
sanctuary has been certified as an ‘Important Bird Area’ by Birdlife International
for its ornithological importance. Such wetlands await official recognition;
18. There has
been an ongoing effort in different States like West Bengal and Bihar to save
wetlands from encroachments by real estate mafia and insensitive entities with
little success. Such experiences underlines that States sensitivity towards the
ecological significance is yet to reach a stage where they can be trusted with
such responsibility.
19. New Wetland
Rules can be helpful in protection of such ecologically sensitive areas but
Draft 2016 Rules needs to be totally overhauled before it can do so.
In view of the above submission, we request you to
thoroughly revise the Draft Wetlands (Conservation and Management) Rules, 2016
and come out with a fresh Draft for public comments in the supreme interest of
present and future generations and top safeguard the wetlands which face grave
threats from vested interests.
Thanking you in anticipation
Yours Sincerely
Dr Gopal
Krishna
Director
ToxicsWatch
Alliance (TWA)
New
Delhi-110016
Mb:
09818089660, 08227816731
Tel/Fax:
91-11-26517814
Email: 1715krishna@gmail.com
Web: www.toxicswatch.org
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