Supreme Court Addresses Ganga River Encroachments

The Supreme Court of India expressed serious concerns regarding the encroachments along the banks of the Ganga River. The court has mandated the Union and Bihar governments to provide a comprehensive report on the status of these encroachments. This directive follows a petition denoting illegal constructions that threaten the river’s ecological health and the endangered Gangetic dolphin.

Background of the Case

The case originated from a 2020 order by the National Green Tribunal (NGT), which dismissed a petition by Ashok Kumar Sinha without effective solutions. Sinha raised alarms about unauthorized constructions in Patna’s floodplains. These activities compromise the river’s integrity and the habitat of endangered species.

Supreme Court’s Directive

The Supreme Court ordered a detailed report from the relevant authorities within four weeks. The report must cover the number of encroachments removed, those still standing, and an action plan for future removals. The court stressed the need for clear timelines and accountability.

Survey Findings

A previous survey conducted in 2023 revealed 151 illegal constructions in the Sambalpur Diara area. These structures are a mix of temporary and permanent buildings. The survey compared historical maps to identify these encroachments, which have been initiated under the Bihar Public Land Encroachment Act, 1956.

Environmental Concerns

The illegal constructions threaten the habitat of the Gangetic dolphin, an endangered species. They also contribute to groundwater contamination in Patna, which is already laced with arsenic. The purity of the Ganga’s water is vital for the local population’s drinking needs.

Legal Compliance Issues

Petitioner’s counsel argued that the demarcation of floodplains does not align with the Ganga Authority Order, 2016. The approach taken by various states is seen as arbitrary and unscientific, potentially increasing environmental risks. This raises questions about the effectiveness of current legal frameworks in protecting the Ganga.

Potential for Wider Implications

The Supreme Court hinted at possibly expanding the case to include floodplains across all 11 Ganga basin states. Such a ruling could set precedent for environmental protection along the river, impacting policies in multiple states.

Ongoing Monitoring

The court has ensured that the petitioner remains updated on the status of encroachments. This ongoing monitoring is crucial for maintaining pressure on authorities to act decisively against illegal constructions.

Importance of Ecological Integrity

Maintaining the ecological integrity of the Ganga is essential for both biodiversity and human health. The river serves as a lifeline for millions, making its protection a priority for sustainable development.

Questions for UPSC:

1. Examine the impact of illegal constructions on the ecological health of river systems in India.
2. Critically discuss the role of the judiciary in environmental conservation in India.
3. Discuss in the light of the Ganga River case, the challenges of enforcing environmental laws in India.
4. Analyse the significance of floodplain management in protecting endangered species and human populations.

Answer Hints:

1. Examine the impact of illegal constructions on the ecological health of river systems in India.

1. Illegal constructions disrupt natural habitats, affecting biodiversity and species survival.
2. They lead to increased pollution and sedimentation, degrading water quality and aquatic life.
3. Altered water flow due to encroachments can exacerbate flooding and erosion issues.
4. Such activities compromise the ecological balance, impacting both flora and fauna.
5. Long-term consequences include loss of ecosystem services that rivers provide to communities.

2. Critically discuss the role of the judiciary in environmental conservation in India.

1. The judiciary acts as a guardian of environmental rights, enforcing laws and regulations.
2. It can intervene in cases of ecological harm, compelling authorities to act against illegal activities.
3. Judicial rulings can set precedents, influencing policy-making and legal frameworks for conservation.
4. However, challenges include delays in the legal process and enforcement of orders.
5. Public interest litigations (PILs) empower citizens to seek judicial remedies for environmental issues.

3. Discuss in the light of the Ganga River case, the challenges of enforcing environmental laws in India.

1. Inadequate enforcement mechanisms often lead to non-compliance with environmental regulations.
2. Corruption and lack of political will hinder effective action against illegal constructions.
3. Ambiguities in laws and overlapping jurisdictions create confusion in enforcement efforts.
4. Public awareness and participation in environmental governance remain low, affecting accountability.
5. Judicial intervention is sometimes necessary, but it may not always lead to timely solutions.

4. Analyse the significance of floodplain management in protecting endangered species and human populations.

1. Effective floodplain management preserves critical habitats for endangered species like the Gangetic dolphin.
2. It mitigates flood risks, protecting human settlements and agricultural lands from inundation.
3. Proper management ensures the sustainability of ecosystem services, vital for local communities.
4. It promotes biodiversity, contributing to ecological resilience against climate change.
5. Integrated approaches can harmonize development needs with conservation goals, benefiting both wildlife and people.