The Supreme Court has sought the Central government's response to a plea challenging the definition of 'wetland' as 'vague' and ambiguous. The definition, as per the Wetlands (Conservation and Management) Rules, 2017, describes a wetland as 'an area of marsh, fen, peatland or water, whether natural or artificial, permanent or temporary, with water that is static or flowing, fresh, brackish or salt, including areas of marine water the depth of which at low tide does not exceed six meters.'
Petitioner's Argument
The plea, filed by an environmental activist, argues that the definition is too broad and lacks clarity, leading to confusion in identifying and conserving wetlands. It contends that the rule fails to provide specific criteria for classification, which could result in arbitrary decisions and inadequate protection for ecologically sensitive areas.
Legal Challenge
The petition highlights that the definition does not differentiate between natural and man-made water bodies, nor does it account for seasonal variations. This vagueness, the petitioner claims, undermines the objective of wetland conservation and contradicts the principles of environmental law.
The Supreme Court bench, comprising Justices B.R. Gavai and P.S. Narasimha, issued a notice to the Union Ministry of Environment, Forest and Climate Change, seeking a detailed response within four weeks. The court also directed the Ministry to clarify the criteria used to identify wetlands under the rules.
Government's Stance
The Centre is expected to defend the definition, arguing that it aligns with international standards, such as the Ramsar Convention, which defines wetlands broadly to include a wide range of aquatic ecosystems. The government may also emphasize that the rules provide for state-level wetland authorities to identify and manage wetlands based on local conditions.
The next hearing is scheduled for July 2026. The outcome could have significant implications for wetland conservation efforts across India, as a clearer definition may lead to better protection and management of these vital ecosystems.
