Kerala HC directs State government and SWAK to constitute Ashtamudi Wetland Management Unit
In addition, an integrated management plan for the wetland must be finalised within six months. The direction by a Bench of Chief Justice Nitin Jamdar and Justice Basant Balaji came when the court considered a public interest litigation (PIL)recently against rampant waste dumping and encroachments in the Ashtamudi wetland, which in turn was causing water pollution and the destruction of mangrove forests. The second biggest wetland in Kerala, the Ashtamudi lake was designated a Ramsar site in 2002. The Ramsar Convention is an international treaty for the conservation and sustainable use of wetlands, considering their role in biodiversity, flood control, water purification, and livelihood support.
In the PIL, Boris Paul, lawyer, and Kollam-based Help Foundation had sought a court directive to remove the encroachers and to form an independent monitoring committee to continuously monitor the lake's conservation measures. A sanitation survey done by the Kerala State Pollution Control Board (KSPCB) around the lake in 2020-2022 revealed serious health risks due to poor waste management. Open defecation around Ashtamudi was contributing to the spread of waterborne diseases, while 18% of households discharged toilet waste directly into the waterbody.
Heavy pollution
A report of the Committee on Environment of the Kerala Legislative Assembly submitted on 17, March, 2023 stated that the Ashtamudi wetland faced heavy pollution, encroachments, and siltation. Its area reduced from 61.40 sq. kms. to 34 sq. kms, while its depth reduced to less than half a metre in many areas. Mangroves and crucial fish-breeding grounds have almost disappeared and fishers dependent on this wetland were on the verge of losing their livelihoods. Human waste, chemicals and untreated hospital and commercial waste entered the wetland through the Kollam canal. Tourism-related waste and plastic accumulation in the Kollam and Neendakara backwaters, sand mining, unregulated housing and rampant pesticide use were too were issues.
In 2023, the National Green Tribunal (NGT) had imposed a penalty of ₹10 crore on the State government for its failure to protect the Ashtamudi lake and other wetlands. Since no concrete measures were taken, the petitioners filed the PIL.
Two requirements
The court said cited two requirements as essential for the conservation of the Ashtamudi wetland – a dedicated authority consisting of various stakeholders and experts and a site-specific, scientific, and comprehensive management plan. Both are not in place for the wetland so far. The Ramsar Convention emphasises the need to have a dedicated authority for each of the wetlands of international importance and a site-specific management plan for it.
Disposing off the PIL, the court also directed that a standard operating procedure must be formulated by the Ashtamudi Wetland Management Unit to govern its functioning while specifying modalities like the venue, frequency of its meetings and the mechanism for co-ordination among stakeholders. In addition, the unit must have its own website or a dedicated web page hosted on the official website of SWAK with a feedback mechanism for the public. SWAK must develop a digital feedback mechanism (web/social media) for the general public to upload/share audio-visual materials.
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