The National Green Tribunal (NGT) has issued a ruling stating that cruise boats in various water bodies of Madhya Pradesh were operating illegally and should not continue, as they violate various environmental laws. According to the NGT, water bodies of Madhya Pradesh are “for the benefit of the people” and the state is “under the obligation to protect it.”
The case came to light when Environmentalist Dr Subhash C Pandey filed an application before the NGT against the operation of cruises in the Bhopal Upper Lake (Ramsar Wetland), as well as other water bodies in Madhya Pradesh. Dr Pandey stated that “even a small cruise ship/boat carrying hundreds of passengers is comparable with a floating colony where volumes of waste is generated” and that it was “operating without statutory provisions”.
The Upper Lake of Bhopal was created by constructing an earthern dam on the perennial River Kolans, a tributary of the Halali River. The Lake accounts for more than 40% of the city’s water supply. About 45 hectares of the Lake area on the southern bank is part of the Van Vihar National Park, a wildlife conservation park which is notified under the Wildlife (Protection ) Act, 1972. The Upper Lake also has great importance as it has “more than 15 kinds of fishes and several vulnerable animals like turtles, amphibians and aquatic invertebrates and more than 2,500 migratory birds.”
The MP government argued that cruise tourism was part of the planned development of tourism facilities near major water bodies, according to the MP State Tourism Policy, 2016, which was formulated to also enable “socio-economic development, to generate employment opportunities. It also mentioned that the waiting lounge and jetty for boarding the passengers in the cruise ship at Bhopal was an artificial temporary construction designed in a manner “where no pollution will be caused to the lake” and that there “will be a zero discharge of sewerage and solid waste from the cruise ship”. The state government also stated that the cruise ship was smaller in size than marine-operated ships and was not subject to the Water Act, 1974, Air Act, 1981, and Environment (Protection) Act, 1986. However, the arguments were dismissed by the NGT as it reasoned that cruise ships were covered under these Acts as Inland water cruises have been governed by the Inland Vessels (IV) Act, 1917, which was later superseded by the IV Act, 2021, which also laid provisions related to environmental law.
The NGT ruled that cruise ships with more than 12 passenger capacity were clearly within the ambit of the statute. It said that the “Cruise Boat or Ship is a floating asset of a commercial industrial activity” run by operators with commercial objectives on inland water, and therefore, it comes under the ambit of environmental laws. It further stated that “Running of Cruise Ships in Inland Waters is not a charity or a service but constitutes part of the ‘travel industry’ or ‘entertainment industry’ or ‘leisure industry’ as they are running for consideration and to provide a package of entertainment and joy ride to the consumer people at large.”
According to the NGT, “Cruise industry has flourished in a very large way whether in marine waters or inland waters” and the “concept of industry has developed with innovative ideas of industrial entrepreneurs”.
While considering the facts, issues and the rules according to the law, the NGT gave a landmark judgment and ordered the respondents to restrain from running cruise boats and any other boat operated with motors in Bhopal Lake (Ramsar site) and other designated wetlands. The above restrictions will, however, not apply to non-motorised boats/cruises.
The respondents included the state government, MP Tourism, environment department, UAD, BMC, Bhopal Smart City Development Corporation Limited, State Wetland Authority, Madhya Pradesh Pollution Control Board (MPPCB) and Sate Biodiversity Board. They have also been restrained from raising any permanent construction within ‘Zone of Influence’ of water bodies/ wetlands, and if any permanent construction has been raised, the same shall be demolished and three months’ time has been given for compliance.
The Ministry of Environment Forest and Climate Change and Central Pollution Control Board have been directed to formulate a standard operating procedure for the motorized boats in water bodies/lakes (not designated as wetlands), if the motors are fitted with four-stroke outboard engines or operated by green fuel and do not cause any damage to water and air ecology and environment. MPPCB and forest department shall also ensure that the activities within the prohibited range from reserved forests, national parks, eco-sensitive zones, etc are not allowed so as to disturb, disrupt and damage wildlife activities unless due permission, if permissible, is obtained from the concerned authorities. The order stated that the cruises, if they deploy any system creating noise, etc, relevant environmental statutes shall be followed. The operation of the boats in the lakes/water bodies not designated as wetlands may be carried out with the boats fitted with four stroke outboards engines as being utilized in more than three dozen countries in the world, subject to compliance of environmental laws.
In other states according to the Ministry of Ports, Shipping and Waterways, the largest river cruise in India is the MV Ganga Vilas cruise, a 51-day river cruise that passes through major cities like Patna in Bihar, Sahibganj in Jharkhand, Kolkata in West Bengal, Dhaka in Bangladesh and Guwahati in Assam. The Ministry stated that the “global river cruise market has grown at 5% over the last few years and is expected to constitute 37% of the cruise market by 2027.” Most of the river cruises in India are located in the Ganga-Brahmaputra river in the northeast and the backwaters of Kerala. While maritime cruise services are primarily available at ports in Mumbai, Cochin, Chennai, Goa and Vishakhapatnam, the Ministry is investing Rs 1,122 crore to develop 13 port projects across the country to boost cruise tourism.
The NGT’s decision to halt cruise tourism in Bhopal’s Ramsar Wetland sends a powerful message about the paramount importance of safeguarding our natural resources and ecosystems. While tourism can bring economic benefits, it must not come at the cost of environmental degradation and pollution.
The judgment reaffirms that environmental laws and regulations apply universally and should be rigorously enforced to protect our fragile ecosystems. The NGT’s ruling serves as a reminder that sustainable tourism practices are not only desirable, but essential for the long-term well-being of our planet and future generations.
It is now incumbent upon the authorities to take proactive measures to restore and protect the Wetland, ensuring that it remains a pristine natural treasure for generations to come.
—By Abhilash Kumar Singh and India Legal Bureau