The Supreme Court of India has issued notices to multiple government bodies, including the Ministry of Environment, Forest & Climate Change, the Ministry of Jal Shakti, and the Central Water Commission, addressing the rampant illegal constructions on river floodplains and catchments. Based on a petition filed under Article 32 by former IPS Officer Dr. Ashok Kumar Raghav, this landmark intervention seeks to address ecological and human hazards caused by unauthorized structures.
Key Concerns
- Illegal Constructions: Unchecked encroachments on riverbeds and floodplains are a significant cause of floods, infrastructure collapse, water scarcity, and ecological degradation.
- Policy Failures: Despite drafts since 2011, the Central Government has not implemented a River Conservation Zone (RCZ) framework under the Environment Protection Act, 1986.
- Ecological Impact: Encroachments harm groundwater recharge, riverine biodiversity, and ecological flows, leading to depleted water resources and reduced water availability for drinking and irrigation.
Government and Policy Response
- The National Water Policy (2012) and executive orders in some states have emphasized river protection, but enforcement remains weak due to a lack of scientific regulations and legally binding frameworks.
- The Supreme Court has sought responses from concerned authorities to address these lapses and develop a structured regulatory mechanism.
Climate Change Context
- Rising extreme weather events, such as cloudbursts and glacial lake outburst floods, exacerbate river-related disasters.
- The Intergovernmental Panel on Climate Change (IPCC) has warned about increased flooding risks in India, underscoring the urgency for river protection.
Legal and Constitutional Framework
- The petition emphasizes principles of sustainable development, precautionary action, and intergenerational equity.
- Protecting rivers is crucial to safeguarding the fundamental right to life under Article 21 of the Constitution. The Parens Patriae principle holds the government responsible for managing and preserving natural resources.
Implications
This intervention could result in stricter enforcement of environmental laws, improved policies for river conservation, and better safeguards for public and ecological health. Addressing these challenges is critical to ensuring sustainable water management and securing the nation’s water future. Arguing for the Petitioner, Mr. Akash Vashishtha, Advocate, told the court that rising illegal and unauthorized constructions and encroachments on the floodplains and catchments of rivers and water courses have become the biggest cause of devastation, across the country. XAlong with Mr. Akash Vashishtha, Advocate, those who appeared were Mr. Rishi Sehgal, AOR and Mr. Midhun Aggarwal, Advocate.
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