Wetlands are among the most productive areas of the world and are life-sustaining systems for human beings, particularly of the poorer parts of the world, who subsist on them. Wetlands perform valuable functions. Besides supplying water, they generate forest, wildlife, fish, forage and agricultural resources. The significant attributes of a wetland are its biological diversity and its importance to culture and heritage for which they are conserved.
Although initially the Ramsar Convention, a global intergovernmental treaty on conservation and wise use of wetlands, emphasized the need for conservation of wetlands as waterfowl habitats, there has been a clear shift of attention to their multifunction values at present. In 1987, at Regina, Canada, the concept of ‘wise use’ of wetlands was first defined as “their sustainable utilization for the benefit of humankind in a way compatible with the maintenance of natural properties of the ecosystem.” Consequently, the need for integrating conservation of wetland and its biodiversity with sustainable development (Ramsar Convention’s concept of wise use) as well as health and wellbeing of people at large was felt. Socioeconomic and environmental improvement was thus related to protection and better management of wetlands and their resources, particularly water. This philosophy finds its expression at the last two conferences of the Contracting Parties (COPs) of the Ramsar Convention, which were devoted to a livelihood agenda with central themes of “Wetlands and Water: Supporting Life and Sustaining Livelihood” (COP 9, 2005), and “Healthy Wetlands, Healthy People” (COP 10, 2008).
In India, almost everywhere human beings interfere with wetlands resulting in their loss or alteration. In the State of West Bengal, a significant portion of the population has been found to depend on wetlands over centuries. The dwindling wetland areas are a serious concern for those who thrive on them. As natural resource systems, wetlands generate conflicting interests which pose a challenge to the paradigm of conservation. In such areas of conflict, law becomes an important tool for protection, wise use and conservation of wetlands. It is found that there are many problems and constraints which have not allowed an organized, comprehensive and effective management for wise use and conservation to develop in the State of West Bengal. Although some are direct and more apparent, most of them are caused by some indirect institutional factors. It is also found that there is no national or state wetland policy or supporting legislation in the country. The Wetlands (Conservation and Management) Rules, 20101 identifies a few selected wetlands for conservation. In the absence of a policy and effective regulatory provisions, there is virtually no control on the use of wetlands in the state except in protected areas. Many wetlands have become alarmingly degraded and are on the verge of extinction. They are in need of immediate attention and enforcement of legislative provisions for protection and conservation. In the absence of enforcing regulatory provisions, ownership issues further complicate the problem of conservation and management. Therefore, it becomes necessary that there should be a wetland policy for achieving wise use goals and necessary legal and institutional back up for sustainable wetland management.
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