WETLAND CONSERVATION IN INDIA NEED FOR EFFECTIVE LEGAL FRAMEWORK

In the world of limited resources, it is surprising to know that there is no absolute shortage of water on this earth. About 71of the earth's surface is covered by seawater another 3 by ice and enough water to cover the entire earth to a depth of 1 inch is held in atmosphere[2]. In short water resources is abundant on this earth. Still accessing the water resource for life of the human community is a problem, because we must rely on fresh water resources for our domestic purpose, which is less saline, compared to seawater. The world's lakes and rivers are probably the most important fresh water resources the availability of which is very less when compared the amount of fresh water covers only 2.53%[3] of earth's water resource and also this limited water resource is unevenly distributed over 29 of earth's surface that is dry. Looking somewhat close to the fresh water resources it occurs either as standing water [wetlands Sswamps, lakes & ponds] or as flowing water rivers & streams or in the Soil upper crust as ground water.

INDIAN SCENARIO OF WETLANDS

Major river systems in North are Ganga, Yamuna & Brahmaputra (Perennial rivers from the Himalayas) and in South, Krishna, Godavari & Cavery (not perennial, they are mainly rainfed) The Central part of India has Narmada & Tapti.

There are--67-,429-we.teRds- in India, covering about 4.1 million hectares. Out of these 2,175 wetlands are natural covering about 1.5 million hectares & 65,254 wetlands are man made, occupying about 2.6 million hectares.[4]

SCENARIO OF WETLANDS IN KARNATAKA

Karnataka State is endowed with numerous rivers, lakes & streams. The wetlands of Karnataka are classified into Inland & Coastal categories (both natural and man-made). Natural inland wetlands include lakes, ox-bow lakes & marshes/swamps; Man-made inlands include reservoirs & tanks.

The total water spread area during pre-monsoon is about 204,054 ha. & 246,643 ha. in post monsoon. Out of the total wetlands in the State 71 have shown water spread less than 56.25 ha.[5], Coastal wetlands, under constant influence from the sea have no variation in terms of water spread areas in all seasons.

STATUS OF WETLANDS IN BANGALORE

Wetlands of Bangalore occupy about 4.8  of the geographical area (640 sq/km) covering both urban and non-urban areas. Bangalore has many man-made wetlands, but no natural wetlands. They were built for various hydrological purposes and mainly to serve the needs of irrigated agriculture. There were 262 lakes (in 1960) within Green Belt area of green city, which has fallen to 81 at present[6].

IMPORTANCE OF WETLAND IN MAINTAINING FRAGILE ECO-SYSTEM

The association of man and wetlands is ancient. Development of water resources is the backbone of any economic activity. Wetland systems Directly and Indirectly support millions of people, by providing goods & services to them.

o        These standing water bodies not only-serves as source for fresh water,
but also act as units for recharging Ground-water which in turn act as a channel of distributing or providing access to all living biota and thus help in maintaining the fragile ecological balance

o        Indirect benefits from functions occurring within the eco-system such as: Flood control, Wetlands have the capacity to retain excess floodwater during heavy rainfall that would otherwise cause flooding. By retaining flood flows, they maintain a constant flow regime downstream, preserving water quality & increasing biological productivity for both aquatic life as well as human communities of the region.

o        Wetland vegetation plays a major role in erosion control, which in turn contributes to shoreline stabilization & storm protection. Coastal wetlands in particular mangrove forests play a major role in shoreline stabilization and storm protection by helping dissipate the force & protect the coast by reducing the damage of wind & wave action

o        It supports indigenous people as part of their cultural heritage.

o        Wetlands retain nutrients by storing eutrophic parameters like nitrogen & phosphorus flooding waters in vegetation or accumulating them in the sub-soil.

o        They also help in absorbing sewage & in purifying water supplies.

Apart from the Socio-economic values of wetlands like water supply, fisheries, fuel wood, medicinal plants, livestock grazing, agricultural energy resources wildlife resources, transport, recreation & tourism etc.,

o        It moderates temperatures and affect the climate of the surrounding area. By storing water they help in regulating stream flow, recharge ground water aquifers & moderate droughts.

o        They contribute to important process, which include the movement of water through the wetlands into streams or the ocean.

o        They provide habitat to aquatic & semi aquatic plants & animals and thus support the bio diversity of the landscape. Thus clearly demonstrates its role in maintaining ecological balance by supporting all forms of life & perform useful functions like interfacing both land & water systems which are highly productive & biologically rich ecosystem

IMPOTRTANCE OF WETLAND IN BANGALORE

Lakes have played a major role in the history of Bangalore & served as an important water source for drinking & irrigation. It becomes all the more important to protect and preserve these water bodies to the region like Bangalore which is remote to any of the perennial flowing river water bodies. About 80 of the local residents are dependent on the lake, either directly or indirectly. The Socio-economic survey in the vicinity of lake eco-system revealed that about 65 of the residents were willing to pay for its restoration conservation & efficient management[7]. This fact itself reiterates the importance of water bodies in Bangalore, as locals have understood.

In recent past, commercially sensitive and economically exploitative attitudes of society have subjected these eco-systems to stress, in some cases leading to alteration and hampering of their function and their ultimate destruction.

CAUSES FOR WETLANDS EXTINCTION IN GENERAL

Briefly following are the reasons for loss of wetlands

- Hydrologic alterations which include changes in the hydrologic structure and
functioning of a wetland by direct surface drainage, de-watering by consumptive use of surface water inflows, unregulated draw down of unconfined acquitter from either groundwater withdrawal or by stream canalization for various human activities.

-Increased sedimentation, nutrient, organic matter metals, pathogen (agent causing disease) & other water pollutant loading from both storm water run-off and waste water discharges.

-Atmospheric deposition of pollutants into these lakes mainly by the vehicular & industrial pollution both from within the cities & from the suburban industrial complexes.

-Introduction or change in characteristic wetland flora & fauna (exotic) as a result of change-in-the-adjacent land uses deliberately or naturally changing the water quality and so forth.

These factors causing the loss of wetlands are the results of the following:

Most of the developmental activities are currently concentrated in and around urban cities. This has lead to large-scale migration of people from rural and other areas. This increasing population over the last few decades has created lot of pressure on the existing water bodies. The tanks were reclaimed for various purposes such as residential layouts, commercial establishments, and sports complexes. Such disappearance of lakes in the city is responsible directly for lowering the ground water table, whose availability has touched to minimum of 300ft, and maximum of 550ft[8].

Wetlands have been drained and transformed due to anthropogenic activities, like unplanned urban & agricultural developments, Industries, Road constructions, Impoundments, Resources extraction, Dredge disposal causing substantial economic and ecological losses in the long term.

In addition to the physical changes of land the hydrologic manipulations by causing Stresses to lakes arise from easily identifiable point sources such as municipal & industrial wastewater and most insidious long-range atmospheric transport of contaminants have major impacts on the structure & functioning of these eco-systems. And also the major degrading factors include excessive eutrophication due to nutrient & organic matter loading.

Siltation due to inadequate erosion control in agriculture, construction, logging and mining activities, introduction of exotic species, acidification from metals such as mercury & organic compounds such as ploy chlorinated biphenyls (PCBs) and pesticides.

Deteriorating water quality due to pollution has also led to the spawning of mosquitoes in the absence of predators, such as Gambusion affins & killifishes, which prey on mosquito larvae. Which inevitably requires draining of wetlands but it has been suggested that an integrated pest management approach involving bio-regulation could possible control mosquitoes rather than draining Wetlands. Thus not only preventing of pollution is to be given consideration as a problem but also maintaining proper biological balance is also important.

As the dependence on agriculture has come down drastically one of the major function of wetland being as source of irrigation and as a support for agriculture and its allied activities has been brought down thereby [reducing the importance of wetlands] or lessening the interest of locals to protect and preserve them.

Most of the roads constructed accommodates on the wetlands thereby protecting agricultural lands or human habitats, as wetlands are nobodies land it is easy to acquire for any human facilities even though if village community claims its CPR s [Common Property Rights / Resources] on wetlands the immediate benefits arising out of construction of roads and similar other developments activities to village communities will outweighs the long term benefits of the wetlands.

Though accurate results on wetland loss in India are not available, the wild life institutions of India's survey reveals that 70-80 of individual fresh water marshes and lakes in the Gangetic flood plains have been lost in the last 5 decades. Indian mangrove areas have been decreased by half from 7000,000 ha in 1987 to 453,000 ha in 1995[9] .

Lakes have played a major role in the history of Bangalore and served as important water source for drinking & irrigation. Wetlands of Bangalore occupy about 4.8 of the city's geographical area (640 sq-kms) covering-both-urban & non-urban areas[10]. But these Wetlands in Bangalore, are threatened due to pressures from unplanned urbanization & bad use activities. In order to accommodate the burgeoning populace and increased developmental activities, many of the city's wetland areas are accommodated for Anthropogenic activities. Status of wetland in Bangalore is the direct measure of status of managing of anthropogenic activities, managing of land, solid waste collection & disposal, disposal of used water & also the attitudes of people in general. All these unplanned shortsighted anthropogenic activities have resulted in rendering the eco-system integrity in peril.

There is lack of Governmental commitment, necessary expertise, .& cohesive academic research centered on wetland in understanding the importance & essence of conservation and management of wetlands (owing to financial constraints & lack of infrastructure). Deficiency in proper managing and non-point source of pollution like storm water run off, agricultural run off & unregulated land use management has lead to the problems of pollution, eutrophication, invasion of exotic species, and toxic contaminations by heavy metals, pesticides & organic compounds. At present in Bangalore only 30 of lakes are used for irrigation, 25 for fishing, 35 for cattle grazing, 21 for agriculture, 30 mud lifting, 3 for drinking, 36 for washing & 38 Brick making[11]. This highlights the need for appropriate conservation & managing measures.

Thus environmental impacts on wetlands can be grouped under 5 main categories

¨ Loss of wetland area

¨  Changes to water regime

¨ Changes in water quality

¨  Over exploitation of wetland products

¨  Introduction of exotic or alien species

CONSERVATION, RESTORATION OF WETLAND

Conservation and protection involves not only buffering wetlands from direct human pressures, but also maintaining all other important natural process which are directly linked are supporting wetlands in maintaining fragile ecosystem. Like controlling soil erosion, by reducing pressure on wetlands resources and most importantly changing the attitude of people in using wetlands as community sinks.

Preliminary step that has to be implemented in restoring lake for their long-term sustenance includes

¨ Pollution impediment waste: water, solid and semi solid waste entering into the lake from external sources must be stopped before any restoration work is   implemented.

¨ Harvesting of Macrophytes: water hyacinth and other nuisance vegetation present in the lake, causing eutrophication, must be removed manually or mechanically  weed infestation can also be controlled by applying chemicals and biological       control  by  means  of  introduction   Plia Globose, Chinese grass crap etc. that feed     on   many   aquatic   plants. Allowing recreational facilities and other economic      activities like boating fishing, washing etc. can also control it.

CONSTRUCTED ENGINEERED WETLANDS

Constructed wetlands are complex, integrated systems in which water, plants, animals, micro-organisms and the environment interact to improve water quality. The objective of constructing wetlands is to duplicate the processes occurring in natural wetlands. Constructed wetlands mimic nature by mechanically filtering, chemically transforming & biologically consuming potential pollutants in the wastewater stream. These are shallow pools constructed on non-wet land sites as part of the storm water collection & treatment system. The fact that Bangalore dose not have any natural wetlands it becomes all the more important to protect once constructed wetlands by expending lot of time, labour and money.

KEY STEPS FOR BEST MANAGING PRACTICES INCLUDE:

¨ Pollution alleviation practices to reduce the engendering of non-point source of pollution through sources reduction waste minimization.

¨ forestation with native species in desolate areas around the wetland to control the entry of silt from runoff.

¨ The shorelines of the lakes should be lined with bricks or stones in an attempt to control shoreline erosion.

¨  Constructed wetlands for the purposes of storm water management & pollutant removal from surface water flows.

¨  Infiltration trenches for reducing the storm water sediment loads to downstream areas by temporarily storing the runoff.

¨ Gyration of crops rather than monocultures to reduce the need for Nitrogen & assist with pest control & help in aeration of soil.

¨  Promoting public education programs regarding proper use & disposal of agricultural hazardous waste materials & regular monitoring of lakes, which are rudimentary.

¨ Prompting recreational facilities and thus create public conscious and importance to such an extent that it becomes as one of the essential part of the various wetlands in urban areas thereby prompting the people in general to take initiative in protecting their recreational facilities

¨ Rainwater Harvesting is one of the key steps to be adopted in urban communities where most of the area is been metalised either by the roads or by the concrete buildings to improve the ground water recharge, and there by reduce the pressure on wetlands to meet the urban water resources demands.

¨ Along with the rain water harvesting Storm water management will also help in reducing the pressure on wetlands. Currently in urban areas rainwater is diverted to sewage drain from where it will be uneconomical to purify and use it for any utilities for that matter. If we extend ourselves for one time investment to have a separate drain for storm water to which the rainwater harvested in each and every individual units is connected it will be within the reach to purify and use for non-potable utilities of water in industries, gardening and for other non-potable purpose.

LONG TERM STEPS TO CONSERVE WETLANDS:

Best management practices: The restoration programs with an eco-system approach through files/ Managing Practices (BMP s) helps in correcting Point & Non-point sources of pollution[12] This along with regulations &   planning for wildlife habitat and fishes helps in arresting the declining water quality & the reduction of loss of wetlands. These restoration goals require profound planning, authority & funding along with financial resources & active involvement from all levels of organisation Government & Non-Governmental organisation [NGO], Research organisations, Media, etc.

De-silting: Dredging of sediments in the lake will improve the soil permeability,   water   holding capacity and also improves ground water recharge. Studies in Kolar Dist. revealed that de-silting of water bodies helps in lowering flurosis in bore well water. However the long term solution is controlling soil erosion due to agricultural practices, mining activities and other anthropogenic activities thus it is the it is prevention of silt is better than de-silting or dredging which involves huge economic costs.

Network of various agencies: like educational institutions, researchers, NGO's & the local people are suggested to help restore the fast perishing wetlands eco-system & conserve those at the verge of extinction by formulating viable plans, policies & management strategies. However protecting and preserving the wetlands function? proves to be incredibly complex, as it involves building & a partnership among various agencies, working in co-ordination & addressing the common goal of minimizing human induced changes what affect the hydrology & the quality of these lakes. Wetland management has to be an integrated approach in terms of planning, execution & monitoring, requiring effective knowledge on a range of subjects from ecology, hydrology, economics, watershed management & local expertise people, planners and decision makers.

THE LONG-TERM MANAGEMENT STRATEGIES:

Wetlands has supported the various life forms along with the human community since the time of immemorial owing to the population pressure on the earth ecology is getting compromised in all forms including wetlands no doubt we have to rely on natural resource for our subsistence but also it is our duty to preserve the eco-system more or less in same form for future generation after giving our self to one of the noblest international ecological principal of sustainable development called intergenerational equity. It is imperative to adopt best management practices for sustainable utility of these wetlands

(1) By regulating inputs, using water quality standards (WQS) promulgated for wetlands & thereby allowing such inland surface waters to continue their normal functioning from the ecological perspective, while still deriving economic benefits by sustainable usage.

(2) Urban wetlands provide multiple values for suburban & city dwellers. The capacity of a functional urban wetland in flood control, aquatic life support & as pollution sink implies a greater degree of protection.

These wetlands provide a resource base for people dependant on them creating buffer zones for wetlands protection, limiting anthropogenic activities around the demarcated corridor of the wetland, and help in reviving their natural functioning.

The restoration program with an eco-system perspective through best management practices (BMP s) help in correcting point and non-point sources of pollution. This along with regulations & planning for wildlife habitat & fishes helps in arresting the declining water quality & the rate in loss of wetlands. These restoration goals require intensive planning, leadership & funding, with active involvement from all levels of organization through interagency & inter governmental processes instrumental in initiating & implementing the restoration programs. Apart from governmental regulations, better monitoring mechanisms are needed to increase the knowledge of the physical, chemical and biological characteristics of wetland resources, their values and a better understanding of wetland dynamics[13]. Management based on accurate knowledge and increased awareness of wetland issues involving all stakeholders and all components of ecosystem help in long-term sustenance involving restoration and conservation.

LACKING IN WETLAND MANAGEMENT:

(1) A Committee at national level should be formed to formulate National Policy to evolve strategies for their sustainable utilization and conservation. There are all possibility of two or more states shifting their responsibility of conserving or disputes regarding benefit sharing of the wetland which is territorially shared between them.

(2) A perfect database with regard to their present status, sustainable use, management & conservation including a detailed scientific database on aquatic biota of fresh water resources should be maintained. So to formulate the strategies for long-term management of wetlands. Most of the small and medium scale lakes will be dried deliberately or due to lack of conservation attempts with out even having notice of that. In such cases the scientific database and constant vigilant, birds eye view on wetlands will help in attempting timely conservation actions either by governmental authorities or by public spirited persons.

(3) Regular monitoring system may be through the involvement of schools, colleges & Universities, thereby cultivating environmental conscious and promote research acumen in protecting wetlands among students the builders of the nation probably this is best type of supervision on fate of their environment.

(4) To protect & solve the health & disease problems of aquatic biota which have the important role in maintaining fragile eco-balance.

(5) Mass awareness programs to be planned. Only the environmental conscious among public at large can protect wetland. Utilizing the present improved technology to reach huge mass and educate them the importance of wetland will go long way in protecting the functioning of fragile wetland eco-system.

(6) Ownership & legal status of lakes (CPRs)[14] and the inhabitants around to be properly defined.

(7) Easy access for scientists & students to investigates. Public education and outreach should be components of aquatic eco-system restorations programs. Lake Association and citizen monitoring groups have proved helpful in educating the general public and effort should be made to ensure that such groups have accurate information about the causes of lake degradation & various restoration methods. Here actually the role of NGOs[15] in protecting & preserving lakes and disseminating the importance of wetlands should be recognized and promoted.

India's Obligation Under Ramsar:

The Ramsar Convention is one of the oldest specific ecosystem Conventions that speaks of both conservation and-wise use of wetlands. India joined to the Convention in 1981 and has six listed sites under the convention.[16] In India the conservation and wise use of wetlands falls within the mandate of the Central Ministry of Environment and Forests (MoEF). Some of the various central government agencies that may be indirectly making decisions which affect wetlands are: the Department of Fisheries, the Ministry of Agriculture, the Ministry of Water Resources, the Ministry of Surface Transport, the Ministry of Power, the Ministry of Tourism, the Department of Ocean Development, to name a few. Since land is a state subject (under the Constitution of the country), various state government agencies are also involved in decision making over wetlands[17] (which are often equated to land). The numerous agencies (Government as well as private) involved in decision making on wetlands, make implementation of existing legal provisions for wetland conservation and wise use all the more difficult.

The existing body of laws applicable to wetlands can be classified into four categories: central laws, state laws, municipal laws as well as customary laws Unfortunately the national wildlife law as the forest law is grounded on colonial principles of acquisition of land from local communities despite growing awareness about the viability of joint protected area management and numerous successful examples of communities effectively and wisely using wetlands.

Keoladeo National Park is significant as this area had a history of conflicts amongst the park management and local people whose traditional (and evidently sustainable) relationship with the wetland had been disrupted following the designation of the area as a National Park in 1981[IW4 section 35]. As a result of this human intervention in any form like Grazing and fuel-wood collection from the wetland were stopped. Requiring legal and institutional review to address this apparent conflict in implementing the wise use obligations under the International Convention and stipulations under conventional national laws. Thus merely assigning a protected area status and declaring the area as a listed site under the Convention does not automatically ensure wise use[18]. In fact, while undertaking any kind of legal and institutional review, it would be worthwhile to consider if the listed site status under the Convention has in any way helped in ensuring or continuing the wise use of the wetland. Or has listing the area under the Ramsar Convention merely increased Government control over the wetland resource disrupting the local communities wise use practices in the area and leading to deep-seated resentment amongst them? And also lead to the rapid degradation of the wetland as critical function of grazing had been stopped, causing widespread weed proliferation in the wetland.

The Environment (Protection) Act, 1986

The Environment- (Protection) Act, 1986 has been instrumental in protecting wetlands and groups of wetlands. Several significant regulations and Notifications have been passed under this broad Act for monitoring pollution and safeguarding the environment.

The Environment Impact Assessment Notification of 1994 was also issued under this Act .Section 3 of the Environment (Protection) Act deals with the power of the Central Government to take measures to protect and improve the environment.

This Act has been useful in checking mushrooming aquaculture in the coastal areas, protecting the threatened wetlands such as the Dahanu wetlands in the state of Maharashtra from environmentally harmful industries and projects.

The Coastal Regulation Zone Notification which in fact imposes restrictions on industries, operations and processes in the coastal zone areas (500 metres from the High Tide Line and the area between the High Tide Line and the Low Tide Line) has been issued under this Act.[19]

Judicial decisions

Two landmark judicial decisions have been delivered by the Supreme Court of India in Indian Council for Enviro-legal Action versus Union of India and in S. Jaganath versus Union of India. In both these decisions, the Courts upheld the validity of the Coastal Regulation Zone Notification which seeks to impose restrictions upon industries, operations and processes in the CRZ areas.

Wetlands/Lakes Committee

 At the level of the Executive, the Ministry of Environment and Forests has constituted a National Committee on Wetlands, Mangroves and Coral reefs, which has representatives from the non-governmental sector, academic institutions and other departments and ministries of the Government of India. The Committee meets at least twice a year to review wetland related activity. Recently this committee was divided into two distinct committees- the Wetlands/Lakes Committee and the Mangroves and Coral Reefs Committee. Further state level committees have been appointed that look into the conservation and wise use of the listed wetland sites in their states.

To concluding the existing framework of laws in the country offers adequate safeguards and legal basis for wetland conservation and wise use although there are some glaring loopholes in the law, which needs to be rectified. The Wildlife (Protection) Act, which presently includes certain wetlands (which are the habitat of wildlife) in the conventional protected areas network, would need to be amended to include wetlands in a special category of multiple use areas. This would be imperative as a certain degree of human impact on wetlands would in fact, be desirable to maintain the ecological character of the wetland. Which will be also in the lines of Ramsar convention. The degree to which human impact on wetlands is to be allowed can be decided depending on scientific studies on the carrying capacity of the particular wetland.

Where in regards to certain traditional practices which are no longer sustainable today, the local communities or stakeholders would need to draw up a management plan, reviving certain tradition systems of access and control over the wetland resource with the facilitation of NGOs.[20]

Conclusion

As all other eco-system is getting compromised for economic benefits in one way or other, wetland is also not spared. Even though these wetlands supported the civilization at the start its importance for human did not remained same in this materialistic world. This reveals man's manifesto against mankind, very few who has understood the importance have tried to regulate the use of these wetlands by framing regulations and policies both at national and at international level but owing to the economic hunger or immediate benefits these policies and regulations is observed more in its breach than in its compliance. Lack of accurate information and understanding or sensing the necessity of fragile eco-system adds to the pressure on survival of remaining wetlands on the earth. Legal clarity as to Ownership and Management of these biological rich lands is desired. The legislations or policies or regulations, information are not end in itself they are just means to the end, which would be mean protection through ecologically motivated citizens.