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The IUP Journal of Law Review :
Developing Legislation for Wise Use of Freshwater Wetlands of West Bengal
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The State of West Bengal abounds in freshwater wetlands of diverse kinds and thousands of people depend on these ecosystems. Unfortunately, wetland as an ecosystem remains a low priority area for the planners in the state. Wetlands indeed have no constituency. However, it was found that there are a few legal and institutional measures which inadvertently and marginally address the wetland-related problems. There are again some which may even encourage wetland loss through drainage and conversion. Although at local level some stray customary laws exist, as a whole, they fail to have an impact on the survival of these ecosystems in general, in the State. It is also found that there is a lack of coordination among different sectors of the government regarding contemplated actions in the wetland areas. The present paper attempts to analyze the relevant clauses of different central and state regulatory provisions to identify their applicability for a wise use of the wetland. It also suggests modifications of some clauses to make them favorable for wise use. The analysis and suggested amendments are expected to identify the areas of sectoral and institutional coordination for wise use planning and implementation, particularly for the freshwater wetlands and water bodies of West Bengal.

 
 
 

The state of West Bengal abounds with wetlands of diverse kinds. These ecosystems are a means of livelihood for a large section of the rural population in the state. However, these resource systems are not identified within a separate sector of the government and therefore, do not receive any formal management attention or specific legal protection for their continuance and sustenance. In the absence of a wetland policy and wetland law in the country or in the state, these ecosystems, particularly outside the protected areas are vulnerable to neglect, misuse, overuse and conversion. As expected, under these circumstances, wise use of wetlands is generally not evident.

It was found that there are some sectoral, legal and institutional measures, which inadvertently and marginally address the wetland-related problems. There are again some which may even encourage wetland loss through drainage and conversion. Although at local level some stray customary laws exist, they fail to have an impact on the survival of these ecosystems in general, in the state. It is the formal legal and institutional measures which can perhaps directly promote wetland conservation and wise use on a larger scale. Therefore, it is necessary to examine the existing legal measures for their effectiveness in supporting wetland protection, conservation and wise use. It is also necessary to identify the clauses in the existing relevant Acts, which can be amended so that they help in achieving conservation and wise use objectives.

 
 
 

Law Review Journal, Freshwater Wetlands, West Bengal, East Kolkata Wetlands, Forest Resources, Fishermen Communities, Water Bodies, Water Channels, Water Management, Weed Infestation, Natural Resources, Mechanical Fishing Device, State Fisheries Department, Environmental Pollution, National Environment Policy, Remote Sensing Maps, Community Based Organizations, Ramsar Convention Obligation.