In a landmark decision aimed at curbing environmental degradation, the Kerala High Court has issued stringent directives requiring all houseboats operating on Vembanad Lake to obtain mandatory pollution compliance certificates. This ruling comes in response to what the court described as 'large-scale pollution' resulting from the unscientific disposal of sewage, garbage, non-biodegradable waste, and oil spillage, exacerbated by an exponential increase in houseboats beyond the lake's carrying capacity.
Court's Mandate and Timeline for Compliance
Justice V G Arun, presiding over the case, ordered that houseboats without a certificate of compliance for the prevention and containment of pollution shall not be permitted to ply in Vembanad Lake after a three-month grace period from the date of the order. The court emphasized that the Inland Vessels Act, 2021, along with the Inland Vessels (Prevention and Containment of Pollution) Rules, 2022, makes it mandatory for all inland vessels to adhere to pollution prevention requirements and secure the necessary certification.
Immediate Steps for Houseboat Owners
The Kerala High Court has outlined a clear compliance timeline to ensure swift action. Within one month of the order, owners and operators of houseboats must present their vessels for inspection by the Kerala Maritime Board. The board is tasked with conducting these inspections and issuing certificates to boats that meet the requisite standards for equipment, systems, fittings, and arrangements designed to prevent pollution. A prescribed fee may be collected by the board for these services.
Key Pollution Sources Identified
The court's observations highlighted several critical sources of pollution contributing to the environmental crisis in Vembanad Lake:
- Unscientific sewage disposal from houseboats
- Garbage dumping into the lake waters
- Accumulation of non-biodegradable waste
- Oil spillage from the vessels themselves
These factors, combined with other issues like reclamation and construction activities, have led to significant degradation of the Vembanad-Kol wetland ecosystem.
Background and Context of the Ruling
The Kerala High Court's directions were issued while addressing a plea that sought immediate steps from state authorities to issue survey and registration certificates for petitioners' boats. However, the court shifted focus to the broader environmental concerns, noting the 'immediate requirement of controlling the pollution caused by non-compliant houseboats.'
According to a report submitted by the Centre for Water Resources Development and Management in October 2015, there were 567 registered houseboats and numerous unregistered ones plying in Vembanad Lake at that time. The court acknowledged that this number has since increased, further straining the lake's capacity and exacerbating pollution levels.
Exemptions and Additional Considerations
The court clarified that its directions do not apply to Shikara boats, which are smaller traditional vessels. It remains open for the Kerala Maritime Board to grant registration to Shikara boats in accordance with the provisions of the Act and the relevant rules. This exemption recognizes the different operational scales and potential environmental impacts of these smaller boats compared to larger houseboats.
Legal Framework and Enforcement
The ruling underscores the legal mandate under Section 53(4) of the Inland Vessels Act, which requires every mechanically propelled inland vessel to carry a valid certificate of pollution prevention and present it upon demand by concerned officers. The court's decision reinforces this provision, aiming to ensure stricter enforcement and accountability among houseboat operators.
This judicial intervention marks a critical step towards preserving one of India's longest lakes, highlighting the urgent need for sustainable tourism practices and environmental stewardship in Kerala's popular backwater regions.
