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The clarified that its February 2024 directive requiring prior approval for mining within a 10-km radius of the in Uttarakhand applies universally to all wetland conservation reserves across India. This arose during a hearing where Himachal Pradesh argued the order shouldn't apply to it as wetland conservation reserves, unlike and , lack a statutory buffer zone under the . This judicial intervention significantly strengthens conservation efforts by extending a de facto buffer zone to nationwide, bridging a legislative gap.
This judgment addresses a crucial gap in India's environmental protection framework. Under the Wildlife (Protection) Act, 1972 (WPA), National Parks and Wildlife Sanctuaries have clearly defined Eco-Sensitive Zones (ESZs) acting as statutory buffer zones to mitigate human-animal conflict and prevent ecological degradation. However, Conservation Reserves (a category introduced in the WPA in 2002) and wetlands protected under the Wetlands (Conservation and Management) Rules, 2017 generally lacked this statutory 10-km buffer protection against extractive industries like mining. By invoking the principle of parity, the SC has essentially mandated a protective radius around ecologically fragile Ramsar Sites (wetlands of international importance), preventing habitat fragmentation and hydrological disruption caused by mining activities. For UPSC, this highlights the tension between economic development (mining) and the state's obligation to protect the environment, demonstrating the role of the judiciary in interpreting and expanding environmental safeguards.
The SC's action exemplifies judicial activism and the use of Article 142 (which allows the Supreme Court to pass any decree necessary to do 'complete justice' in any pending matter), although not explicitly stated, the spirit is evident. The court is effectively creating policy where legislative ambiguity exists. Himachal Pradesh's argument highlighted the principle of federalism and the limits of state versus central jurisdiction in environmental matters. The state contended that an interim order specific to a site in Uttarakhand shouldn't automatically bind another state, especially regarding lands under state control. The SC’s rejection of this argument emphasizes that environmental protection, particularly concerning internationally recognized sites under the Ramsar Convention, transcends state boundaries and requires a unified national approach. The court is prioritizing the Precautionary Principle (preventing environmental harm before it occurs) over state-specific administrative arguments.
The Asan Conservation Reserve, located at the confluence of the Asan and Yamuna rivers in Uttarakhand, was declared the state's first Ramsar Site in 2020. It's a critical habitat for migratory birds traversing the Central Asian Flyway. From a geographical perspective, mining near such wetlands can disastrously alter local hydrology. It can lower the water table, increase sedimentation, and introduce pollutants (heavy metals, acid mine drainage), fundamentally changing the physical geography of the wetland ecosystem. This ruling protects the intricate network of water bodies that act as natural sponges, mitigating floods and replenishing groundwater. For Prelims, candidates must know the location of the Asan Conservation Reserve and understand the criteria for a wetland to be designated as a Ramsar Site under the Ramsar Convention.