Conservationists push for national framework to protect India’s rivers and mountains
UPSC CSE Context Why in News: Conservationists and former SC judge push for a National Mountain and River Protection Act. Syllabus Connection: Environment and Ecology: Conservation, legal frameworks; Governance: environmental legislation. Exam Relevance: Highlights the need for comprehensive environmental legislation beyond existing fragmented laws. Core Issue Demand for a legal framework to protect rivers and mountains in India. Stakeholders: Tarun Bharat Sangh IIT Dhanbad Jal Biradari Rajendra Singh Former SC judge V. Gopal Gowda Static Knowledge High Value Background: India lacks a comprehensive national law for mountain and river ecosystems; existing laws are sectoral e.g., Water Act, Forest Act . Rivers and mountains are often governed by state level regulations, leading to fragmented protection. Concepts in Context: Ecosystem based approach: managing natural resources considering entire ecosystems rather than isolated components. Rights respecting legal framework: granting legal
## UPSC CSE Context **Why in News:** Conservationists and former SC judge push for a National Mountain and River Protection Act. **Syllabus Connection:** Environment and Ecology: Conservation, legal frameworks; Governance: environmental legislation. **Exam Relevance:** Highlights the need for comprehensive environmental legislation beyond existing fragmented laws. ## Core Issue Demand for a legal framework to protect rivers and mountains in India. **Stakeholders:** - Tarun Bharat Sangh - IIT Dhanbad - Jal Biradari - Rajendra Singh - Former SC judge V. Gopal Gowda ## Static Knowledge **High-Value Background:** - India lacks a comprehensive national law for mountain and river ecosystems; existing laws are sectoral (e.g., Water Act, Forest Act). - Rivers and mountains are often governed by state-level regulations, leading to fragmented protection. **Concepts in Context:** - Ecosystem-based approach: managing natural resources considering entire ecosystems rather than isolated components. - Rights-respecting legal framework: granting legal personhood or rights to natural entities (e.g., Ganga and Yamuna declared legal persons by Uttarakhand HC in 2017). ## Dynamic Analysis ### Governance - Proposed Act aims to fill legislative gap for integrated mountain and river protection. - Pan-India consultations indicate a bottom-up approach, but implementation faces federal coordination challenges. - Existing laws like the Environment Protection Act, 1986 are umbrella legislations; a specific Act could provide clearer mandates. ### Legal - Granting rights to rivers and mountains raises questions of enforceability and liability. - Previous judicial attempts (e.g., Ganga legal personhood) faced implementation hurdles. - Act could establish institutional mechanisms for governance, potentially including river basin authorities. ### Environment - Climate change exacerbates threats to rivers (glacial retreat) and mountains (landslides, biodiversity loss). - Ecosystem-based approach aligns with global frameworks like UN Decade on Ecosystem Restoration. - Act could regulate activities like mining, hydropower, and tourism in mountain regions. ## Mains Value Addition **Arguments:** - A dedicated Act can integrate fragmented laws and provide a unified framework for conservation. - Rights-based approach may empower local communities and ensure sustainable use. - Federal challenges: water and land are state subjects, requiring cooperative federalism for implementation. - Act could set precedents for legal personhood of natural entities, influencing future environmental jurisprudence. **Examples:** - Uttarakhand HC declared Ganga and Yamuna legal persons in 2017, but the order faced practical difficulties in enforcement. **Data Points:** - Summit held on May 22-23 in Jamshedpur. **Counterpoints:** - Legal personhood for rivers may lead to conflicts with existing rights of communities and industries. - Implementation without adequate institutional capacity may render the Act ineffective. - Central legislation may face resistance from states due to perceived encroachment on state subjects. ## Way Forward - Draft the Act after extensive consultations with states, local communities, and experts. - Establish river basin authorities with representation from all stakeholders for integrated management. - Incorporate climate adaptation measures specific to mountain ecosystems. - Ensure the Act complements existing laws like the Forest Conservation Act and Wildlife Protection Act. - Pilot the framework in selected river basins before national rollout.
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