REVISITING WETLAND GOVERNANCE UNDER CLIMATE STRESS: INTERNATIONAL OBLIGATIONS, INDIAN LEGAL FRAMEWORKS, AND JUDICIAL RESPONSES

Wetlands are among the most ecologically significant yet increasingly threatened ecosystems in the context of climate change. They perform critical functions for climate mitigation and adaptation, including carbon sequestration, flood regulation, groundwater recharge, and coastal protection, while simultaneously remaining highly vulnerable to climate-induced hydrological change and anthropogenic pressures. This paper examines wetland governance under conditions of climate stress through a legal and institutional analysis of international obligations, domestic regulatory frameworks, and judicial responses, with a particular focus on India. At the international level, it analyses the normative evolution of wetland protection, emphasising the Ramsar Convention’s principle of “wise use” and the growing recognition of wetlands as nature-based solutions within climate governance. The paper then highlights the structural gaps within India’s wetland governance framework, characterised by fragmented legislation, institutional incoherence, and weak enforcement. It further examines the role of the judiciary in constitutionalising wetland protection through environmental rights jurisprudence and key doctrinal developments, while acknowledging the inherent limitations of adjudication as a governance mechanism. The paper argues that effective wetland conservation under climate stress requires integrated, enforceable, and ecosystem-based legal frameworks that align international commitments with coordinated domestic governance and adaptive management.