·The Hindu·15 marks·250–350 wordsPolityEnvironment

Critically analyse the tension between state-level mining/economic interests and judicially mandated environmental buffer zones in India.

In this answer
  1. Roots of the tension
  2. Case for judicially mandated buffers
  3. Case behind State pushback

Conservation reserves notified under Section 36A of the Wild Life (Protection) Act, 1972 [2] — such as Asan, designated a Ramsar site in 2020 [1] — carry no statutory eco-sensitive buffer. The Supreme Court's clarification extending its 10-km mining restraint around Asan to all notified wetland conservation reserves nationwide [4] exposes a structural conflict between mineral revenue and ecological precaution.

Roots of the tension

  • Statutory vacuum: national parks and sanctuaries receive notified eco-sensitive zones; conservation and community reserves under Section 36A do not [2] — courts step in where the executive has not notified.
  • The Wetlands (Conservation and Management) Rules, 2017 regulate a wetland and its "zone of influence" but fix no radius, leaving quarrying just outside the boundary effectively unregulated [3].
  • Ramsar obligation to maintain ecological character: riverbed sand and boulder extraction alters hydrology and migratory-bird habitat at sites like Asan (Site 2437) [1].

Case for judicially mandated buffers

  • Precautionary principle — damage to wetland hydrology is largely irreversible; clearance from the NBWL Standing Committee/MoEFCC regulates rather than bans mining [4].
  • Parity across states prevents a competitive dilution of standards, since wetlands and their catchments straddle State boundaries [4].

Case behind State pushback

  • Fiscal stake: mining royalties are a significant own-revenue source for hill States; Himachal Pradesh argued a Uttarakhand-specific order should not automatically bind it [4].
  • Federal and process concerns: a uniform national norm evolved through an interim order, bypassing legislative debate and site-specific impact assessment [4].
  • Implementation bottleneck: the Centre and NBWL must first identify reserves State-wise, so legitimate leases face uncertainty meanwhile [4].

The conflict is therefore less court-versus-State than statute-versus-vacuum. The durable fix is executive: MoEFCC should complete the national wetland inventory and notify science-based, site-specific buffers for conservation reserves, converting a blunt uniform radius into a graded regime. Such calibrated regulation reconciles State revenue with Article 48A, delivering the sustainable development the Court itself envisages.

Sources

  1. 1Ramsar Information Sheet, Asan Conservation Reserve (Site no. 2437), IndiaRamsar designation (2020), site area and ecological character obligations
  2. 2The Wild Life (Protection) Act, 1972 — India CodeSection 36A conservation reserves; absence of statutory buffer unlike national parks/sanctuaries
  3. 3Wetlands (Conservation and Management) Rules, 2017 — MoEFCC"zone of influence" regulation without a prescribed radius
  4. 4The Hindu — "How will the Supreme Court order impact mining around Ramsar wetland sites?"pan-India extension of the 10-km restraint, NBWL/MoEFCC clearance route, Himachal Pradesh's plea, and Centre-NBWL verification directive
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