The wetlands jurisprudence in India: a case study of the West Bengal conservation and management of wetlands and water bodies policy 2012

  • 30/11/2012

  • Rajiv Gandhi School of Intellectual Property Law

Recently the High Court of Kolkata directed the West Bengal Government, India to formulate a Wetland and Water Bodies policy in response to a Public Interest Litigation (PIL) filed by the Forum for Human, Legal and Ecological Rights, Bansdroni & Another v. The Union of India and Others., against Writ Petition No.606 of 2011. The petitioners argued that India is a signatory to the Ramsar Convention, a global environmental treaty which is specifically meant for the protection of wetlands. Hence, the state government has an obligation to implement the provisions of the agreement at state in order to protect the wetlands. The State appointed a High Powered Committee to draft a policy and a law for the protection of Wetlands in the State in accordance with the High Court order. The present paper discusses a state’s obligation to implement an international convention at domestic level in a Federal System. The environmental jurisprudence emerged thorough a series of cases will be examined. Local approaches to wetland protection will be discussed and the draft West Bengal Policy, 2012 will be presented as a case study.