Professional Documents
Culture Documents
Environmental Law Project
Environmental Law Project
DIVERSITY IN INDIA
Summer Session
A major project like this is never the work of anyone alone. The contributions of many
different people, in their different ways, have made this possible. It gives us great satisfaction
to prepare this project. We would like to take this opportunity to express our gratitude and
personal regards to Dr. Mononita K. Das for inspiring and guiding us during the course of
this project work. Without her valuable guidance and support the completion of the project
would not have been possible. We would like to thank the library staff for working long
hours to facilitate us with required material going a long way in quenching our thirst for
education. We would also like to thank our seniors for guiding us through tough times. We
are also thankful to our parents who continuously encouraged and inspired us for our project
work.
Efforts have been made to avoid errors but in spite of it some errors might have
crept in inadvertently. Above all, we would like to thank the Almighty without whose
blessings the completion of this project would not have been possible.
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Table of Contents
RESEARCH METHODOLOGY.............................................................................................. V
INTRODUCTION ..................................................................................................................... 1
Definition ............................................................................................................................... 1
CHAPTER I ............................................................................................................................... 3
Pollution ................................................................................................................................. 8
Challenges .............................................................................................................................. 8
CHAPTER II............................................................................................................................ 10
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Other Conservation efforts by India ..................................................................................... 14
Conclusion............................................................................................................................ 21
Recommendations ................................................................................................................ 22
BIBLIOGRAPHY .................................................................................................................... 23
Articles ................................................................................................................................. 23
Web-links ............................................................................................................................. 23
Books .................................................................................................................................... 24
Reports ................................................................................................................................. 24
APPENDIX I ........................................................................................................................... 26
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RESEARCH METHODOLOGY
Objectives:-
Research questions:-
The relevant theoretical information and data have been gathered from books, journals and
the internet. (primary as well as secondary data).The assimilated information and data have
been analyzed on the basis of which conclusions have been drawn.
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INTRODUCTION
Biological diversity, or biodiversity, encompasses the variety of all life on earth. Biodiversity
manifests itself at three levels: species diversity which refers to the numbers and kinds of
living organisms; genetic diversity which refers to genetic variation within species; and
ecosystem diversity which denotes the variety of habitats, biological communities and
ecological processes. It encompasses the whole range of mammals, birds, reptiles,
amphibians, fish, insects and other invertebrates, plants, fungi and micro-organisms such as
protists, bacteria and viruses.
Definition
“biological diversity” means the variability among living organisms from all sources and the
ecological complexes of which they are part and includes diversity within species or between
species and of eco-systems1
The first most used definition of Bio-diversity sponsored by the UN. According to this
definition Biodiversity refers to “The variability among living, inter alia, territorial, marine
and other aquatic systems and the ecological complexes of which they are part; this includes
diversity within species, between species and of eco-system”.2
A wide variety in physical features and climatic situations has resulted in a diversity of
habitats and ecosystems such as forests, grasslands, mountains, wetlands, coastal and marine
(mangroves and coral reefs) and deserts. India is also one of the eight primary centres of
origin of cultivated plants and is an acknowledged centre of crop diversity, including about
375 closely related wild species mainly of rice, and several important pulses, millets,
1
Section 2(b) of Biological Diversity Act, 2002
2
Article 2 of Convention on Biological Diversity (CBD) (UNEP 1992).
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vegetables, fruits and fibre plants . In addition, nearly 140 breeds of domesticated animals
(such as cattle, sheep, goat, camel, horse and poultry) are also found here.
a) Faunal diversity
With 91,797 recorded species, India accounts for 7.4 percent of the world’s faunal species
(ZSI, 2011). A significant proportion of species under many taxa is found in India. This
includes as many as half of Merostomata, a third of Echiura and over a quarter of Phoronida
and Chaetognatha species. Among vertebrates, India accounts for 13.66 percent of bird,
12.12 percent fish, 8.58 percent mammal, 7.91 percent reptile and 5.60 percent amphibian
species in the world3 In terms of the world’s species-richness, India is fifth in reptiles,
seventh in mammals and ninth in birds 4
b) Floral diversity
India’s contribution to global floral diversity is even higher than its contribution to faunal
diversity. With over 45,500 recorded species, it accounts for nearly 11 percent of the
world’s floral species and ranks 10th in the world. The largest taxonomic group is
Angiosperms with 17,527 species, followed by Fungi and Algae that have 14,500 species
and 7,175 species respectively. In percentage terms, it accounts for over a fifth of the world’s
Fungi and around a sixth of the world’s Algae, Bryophyte and Lichen species.5
India contains 172 species of animal considered globally threatened by IUCN, or 2.9% of the
world's total number of threatened species6. These include 53 species of mammal, 69 birds,
23 reptiles and 3 amphibians. A workshop held in 1982 indicated that as many as 3,000-4,000
higher plants may be under a degree of threat in India. Since then, the Project on Study,
Survey and Conservation of Endangered species of Flora (POSSCEP) has partially
documented these plants, and published its findings in Red Data Books.
3
Zoological Survey of India, 2011. Faunal Resources of India , http://www.zsi.gov.in.
4
Report of Ministry of Environment &Forests, 2009
5
Botanical Survey of India (1983). Flora and Vegetation of India - An Outline. Botanical
Survey of India, Howrah. 24 pp
6
Groombridge, B. (ed). 1993. The 1994 IUCN Red List of Threatened Animals. IUCN,
Gland, Switzerland and Cambridge, UK. lvi + 286 pp.
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CHAPTER I
CHALLENGES
Threat to biodiversity stems mainly from: habitat fragmentation, degradation and loss;
shrinking genetic diversity; invasive alien species; declining forest resource base; climate
change and desertification; over exploitation of resources; impact of development projects;
and impact of pollution.
Land is under considerable pressure, as the country supports around 17 percent of the world’s
population on less than 2.5 percent of global land area. In order to support this large
population, around 42 percent of the country’s geographical area has already been put under
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agriculture. Although at 21 percent of the geographical area7, India has a respectable forest
cover, dense forests are restricted to only around 12 percent8. In many places, forests have
been fragmented due to expansion of developmental activities. In the Western Ghats, large
tracts have been converted into monoculture plantations such as coffee and rubber 9. Repeated
fires caused by humans not only adversely affect particular species (such as ground nesting
birds) but also over a period of time change the character of the ecosystem, for example,
causing a regime shift from wet evergreen forests to semi-evergreen forests10. Widespread
encroachment of common lands has considerably reduced the extent of grasslands 11. Many
wetlands are facing threats such as siltation, effluent discharge and changes in hydrological
regime. Aquaculture, salt farming and restricted flow of fresh water are among the threats
faced by mangrove ecosystems. Coral ecosystems are threatened by eutrophication from
sewage and agriculture activities, dredging and sedimentation12
The dwindling number of sparrows in urban areas, as a phenomenon, is not new. In Europe,
when the numbers of sparrows went down drastically a few years back, almost as much as by
85 percent, it rang quite a few alarm bells. But here in India, although the matter has been
reported, nothing concrete has been done to tackle what seems to be a sparrow crisis. The
main point of concern is that there is no data or study on the population of sparrows in India.
"But by sheer observation one can say that it has," Nikhil Devasar of Delhi Bird Group, an
interactive group of bird lovers. One of the reasons cited for the disappearing number of
sparrows is unleaded fuel, which is believed to be eco-friendly. The by-products of this fuel
kill small insects, which the young sparrows feed on. While the older sparrows can survive
without the insects, the younger ones need them for survival. "Another very important reason
for the disappearing number of sparrows from the urban areas is the change in the
architecture of the houses. Earlier, these birds used to build their nests beneath the tiled or
thatched roofs the houses used to generally have. "But now, with changing architecture and
7
Planning Commission (2010). Mid-Term Appraisal of the Eleventh Five Year Plan. New
Delhi
8
Forest Survey of India (2011). India State of Forest Report 2011. Dehradun.
9
Ministry of Environment and Forests (2009). India’s Fourth National Report to the
Convention on Biological Diversity. New Delhi.
10
National Forest Commission (2006). Report of the National Forest Commission. New
Delhi: Ministry of Environment and Forests
11
Bhise, S.N. ed. (2004). Decolonizing the Commons. National Foundation for India, New
Delhi in association with Seva Mandir, Udaipur.
12
Ministry of Environment and Forests (2009). India’s Fourth National Report to the
Convention on Biological Diversity. New Delhi.
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steel roofs, these birds have lost their nesting space. Also, the birds were used to pecking at
the grain in the backyard of the houses where people clean the paddy or wheat. With
changing lifestyle, that has changed as well. Traditional norms and practices for conservation
of neighborhood forest and common land are also diminishing, although certain rural and
tribal communities continue to safeguard their biological resource base even at the cost of
their livelihood and sustenance Loss of habitats and over exploitation have led to depletion of
genetic diversity of several wild animals and cultivated plants.
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material for breeding new plant varieties and also act as a reservoir of genes sought after for
manipulation using new tools of biotechnology. Indigenous cultivars, adapted to local
situations are, however, mostly low yielding (largely because of not receiving due breeding
effort) and are, hence, getting fast replaced by just a few high-yielding and pest-resistant
superior varieties/hybrids under each crop. Alarm bells are ringing because narrow genetic
base means more vulnerability to widespread epidemics. A large number of over 300,000
samples of these cultivars, kept under long term storage in the National Gene Bank, have
gone out of cultivation. Many among the well known nearly 140 native breeds of farm
livestock and poultry are also facing similar threat to their survival. This is happening even
when local breeds are genetically better adapted to their environment and are more cost
effective being productive even whilst consuming lower quality feedstuffs. The local breeds
are also more resilient to climatic stress, are more resistant to local parasites and diseases, and
serve as a unique reservoir of genes for improving health and performance of ‘industrial’
breeds. Conservation and greater use of local breeds will be most effective in achieving food
and nutrition security objectives at the local level. Wild species, related closely to their
cultivated forms, are valued by plant breeders for obtaining genes for resistance to virulent
diseases and tolerance to stresses like drought, salinity and temperature. Continuing
evolutionary development of these valuable species depends on adequate genetic diversity in
their natural populations. Increasing fragmentation, degradation and loss of their habitats over
the years have seriously limited their availability and threatened their survival.
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urgently conserved. The rich diversity of medicinal plants (over 6500 species) in the country
needs conservation and sustainable utilization, as their habitats are either degraded or the
species are being overexploited. In fact, nearly 90% of the medicinal plants in trade are
harvested from the wild. With the increase in population in our country, natural forests,
woodlands and wetlands have been converted for agricultural use, fuelwood, timber and
human settlements.
13
Ministry of Environment and Forests (2008). National Biodiversity Action Plan. New
Delhi.
14
Sukumar R., H.S. Suresh and R. Ramesh (1995). Climate change and its impact on tropical
montane ecosystems in southern India. Journal of Biogeography, vol. 22, pp. 533-536.
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In addition to climate change, India also faces the threat of desertification. Around 69
percent of India’s geographical area could be classified as dry land (arid, semi-arid and dry
sub-humid). Remote sensing data indicate that around 32 percent of the country’s
geographical area (c. 105 million hectares) is undergoing the process of land degradation.
The three main processes contributing to desertification are water erosion, vegetal
degradation and wind erosion.16
Pollution
Pollution (both point and nonpoint-source) is a serious threat to biodiversity. Its major causes
are rapid industrialization and increasing use of fertilizers and pesticides. For example,
consumption of fertilizers in India increased from 69.8 kg per hectare in 1991 to 113.3 kg per
hectare in 2006, an increase of over 62 percent.17 Many areas have become contaminated
with heavy metals and pesticides due to improper disposal of industrial effluents and
municipal waste. It is estimated that nearly 70 percent of India’s surface water resources are
contaminated by pollutants (ibid). Many species such as gharial, Siberian crane (Grus
leucogeranus) and Gangetic river dolphin have been badly affected by pollution. Between
2007 and 2008, over 100 gharials in the Chambal River died from suspected consumption of
contaminated fish.18 Rampant veterinary use of the drug diclofenac has resulted in the
populations of three vulture species – White-backed vulture (Gyps bengalensis), Slender-
billed vulture (Gyps tenuirostris) and Long-billed vulture (Gyps indicus) – declining by as
much as 99 percent.19
Challenges
In addition to the above-mentioned threats, India faces several challenges in biodiversity
governance. Two key challenges are related to the knowledge base for biodiversity
conservation and the linkage and expansion of protected areas.
16
Space Applications Centre (2007). Desertification & Land Degradation Atlas of India.
Ahmedabad: Indian Space Research Organisation.
17
Ministry of Environment and Forests (2009a). State of Environment Report India, 2009.
New Delhi.
18
Ministry of Environment and Forests (n.d.). The Gharial: Our River Guardian. New Delhi.
19
Ministry of Environment and Forests and Zoological Survey of India (2011). Critically
Endangered Animal Species of India. New Delhi
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There is lack of a comprehensive information base on biodiversity, with only 70 percent of
the country’s land area surveyed so far.20 A shortage of qualified taxonomists for carrying
out taxonomic studies in the country has hampered the survey process. For instance, some
groups, such as soil microorganisms and marine flora and fauna, have not been sufficiently
studied. Similarly, there is inadequate understanding of genetic diversity. Conservation
planners often need to choose between ‘single large or several small’ protected areas.
Due to land scarcity and population pressure, planners in India have often chosen in favour of
a large number of relatively small protected areas. These are not always large enough to
support viable populations of threatened fauna, and fragments of forest are vulnerable to fire
and edge-effects. Creating corridors to expand and connect protected areas is crucial for long-
term conservation success, to facilitate gene flow and also to respond to potential range shifts
due to climate change. However, areas between protected areas are currently undergoing
rapid changes in land use, which result in loss or degradation of natural habitat. It is also
increasingly difficult to expand the protected area network (especially National Parks and
Wildlife Sanctuaries) on account of a perceived conflict between protected areas and local
people’s dependence on them for livelihoods. The need for expansion of the protected area
network can be illustrated through an example. Out of 463 Important Bird Areas (IBAs)
identified in the country, as many as 199 (43 percent) are not officially protected.21
Other key challenges pertain to insufficient human resources, insurgency or unrest in some
parts of the country, inadequate financial resources and equipment, increasing human-animal
conflict due to relatively small protected areas and rising human populations, adverse impact
of tourism in some areas, indiscriminate use of fertilizers and pesticides, lack of
documentation of traditional knowledge pertaining to biodiversity and lack of proper
economic valuation of biodiversity in the national accounting process (NFC, 2006; MoEF,
2008, 2009b).
20
Ministry of Environment and Forests (2009). India’s Fourth National Report to the
Convention on Biological Diversity. New Delhi.
21
National Forest Commission (2006). Report of the National Forest Commission. New
Delhi: Ministry of Environment and Forests.
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CHAPTER II
Diversity in India
Realizing the importance of conservation and sustainable use of biodiversity as well as fair
and equitable sharing of benefits arising out of it, India has developed a relatively robust
legislative and policy framework for biodiversity governance. Although some measures date
back several decades,22concerted action on this front started from the 1970s onwards. This
section provides an overview of the biodiversity governance systems in the country. The idea
of protection of the environment, including biodiversity, is enshrined in the Constitution of
India. It enjoins both the State and the citizens to take appropriate steps in this direction.
Article 48-A of the Constitution of India states that `[t]he State shall endeavour to protect and
improve the environment and to safeguard the forests and wildlife of the country’, and Article
51-A (g) states that `[i]t shall be the duty of every citizen of India to protect and improve the
natural environment including forests, lakes, rivers and wildlife and to have compassion for
living creatures’.
Legislative measures
Numerous legislations (acts, rules, circulars and orders) relating to environmental protection
as well as specific laws relating to forests, wildlife and biodiversity have been passed taking
into account governmental and civil society concerns.
22
For example, the Indian Board for Wildlife was constituted as early as 1952 to advise the
government on wildlife conservation measures (NFC, 2006)
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Designed for the conservation of forests and related matters
Policy Measures
Some of the key policy documents of the Government along with a brief outline of their
priorities relating to Bio diversity conservation are as follows
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Provides for national goals and guidelines relating to areas under forests,
afforestation, social forestry and farm forestry, management of state forests, rights and
concessions, diversion of forest lands for non-forest purposes, wildlife conservation,
tribal people and forests, shifting cultivation, damage to forests from encroachments,
fire and grazing, forest-based industries, etc. The policy also covers forestry
education, research, management, survey and database, legal support, infrastructure
development and financial support.
2) National Conservation Strategy and Policy Statement for Environment and
Sustainable Development, 1992
Outlines the nature and dimensions of environmental problems in India as well as
actions taken and constraints and agenda for action.
3) National Policy and Macro-level Action Strategy on Biodiversity, 1999
Outlines a series of macro-level statements of policies, gaps and strategies needed for
conservation and sustainable use of biodiversity.
4) National Forestry Action Programme (2000-2020)
Envisages developing coordinated programme for the sustainable management of
forests and forest lands to meet the environmental, socio-economic and cultural needs
of the present and the future generations.
5) National Agricultural Policy, 2000
Seeks to actualize the vast untapped growth potential of Indian agriculture, rural
infrastructure, value addition, secure a fair standard of living for the farmers and
agricultural workers, discourage migration to urban areas and face the challenges
arising out of economic liberalization and globalization.
6) National Seeds Policy, 2002
Thrust areas include varietal development production, quality assurance, seed
distribution and marketing, infrastructure facilities, etc.
7) National Wildlife Action Plan (2002-2016)
Calls for adoption and implementation of strategies covering strengthening and
enhancing the PA network, effective management of PAs, conservation of wild and
endangered species and their habitats, restoration of degraded habitats outside PAs,
control of poaching, and illegal trade in wild animal and plant species, monitoring and
research, HR development, ensuring peoples’ participation, awareness and education,
wildlife tourism, domestic legislation and international conventions, enhancing
financial allocation and integration with other sectoral programmes.
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8) Comprehensive Marine Fishing Policy, 2004
Aims to maximize yield from marine fishery resources while balancing the
development needs of the various categories of fishing communities.
9) National Environment Policy, 2006
Stated objectives include: i) conservation of critical environmental resources; ii) intra-
generational equity: livelihoods security for the poor ; iii) inter-generational equity;
iv) integration of environmental concerns in economic and social development; v)
efficiency in environmental resource use; vi) environmental governance; and vii)
enhancement of resources for environmental conservation.
10) National Forestry Commission Report (2006)
Contains over 350 recommendations regarding organizational structure and functions
of the forestry sector.
11) 11th Five Year Plan (2007-2012)
Calls for a development strategy that is sensitive to growing environmental concerns
and calls for careful evaluation of threats and trade-offs.
12) National Biotechnology Development Strategy (2007)
Prioritizes key policy recommendations and interventions relating to human resource,
infrastructure development and manufacturing and regulatory mechanisms.
13) Final Technical Report National Biodiversity Strategy and Action Plan Project (2005)
Identified a detailed set of priority issues for the overall planning and governance as
well as for the conservation of wild as well as domesticated biodiversity.
14) National Action Plan on Climate Change (2008)
Eight national missions envisaged and among these four (National Mission on Water,
Sustaining Himalayan Ecosystems, Sustainable Agriculture and Green India) are
directly relevant to biodiversity conservation.
Policy Gaps
Lack of policies for protection of wetlands, grasslands, sacred grooves and other areas
significant from the point of view of biodiversity.
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Inadequate implementation of eco-development programmes.
1. In-situ Conservation
Conserving the animals and plants in their natural habitats is known as in situ conservation.
The established natural habitats are:
The first such initiative was the establishment of the Corbett National Park in 1936. National
Parks are highly protected by law. No human habitation, private land holding or traditional
human activity such as firewood collection or grazing is allowed within the park. Sanctuaries
are also protected but certain types of activities are permitted within these areas. Biosphere
Reserves are another category of protected areas. Under this, a large area is declared as a
Biosphere Reserve where wildlife is protected, but local communities are allowed to continue
to live and pursue traditional activities within the Reserve. The Government of India has set
up seven biosphere reserves: Nokrek (Meghalaya), Nilgiri (Kamataka, Kerala, Tamil Nadu),
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Namdapha (Arunachal Pradesh), Nanda Devi (Uttar Pradesh), Sundarbans (West Bengal),
Great Nicobar (Andaman & Nicobar Islands), Gulf of Mannnar (Tamil Nadu). Several special
projects have also been launched to save certain animal species which have been identified as
needing concerted protection effort. These projects are designed to protect the species in situ,
by protecting and conserving their natural habitat. Project Tiger, Project Elephant, Save the
Barasingha campaign are examples of this initiative. Other strategies include offloading
pressure from reserve forests by alternative measures of fuelwood and fodder need
satisfactionby afforestation of degraded areas and wastelands.
2. Ex-situ Conservation
Ex-situ conservation of plants and animals preserve/ or protect them away from their natural
habitat. This could be in zoological parks and botanical gardens or through the forestry
institutions and agricultural research centres. A lot of effort is under way to collect and
preserve the genetic material of crops, animal, bird and fish species. This work is being done
by institutions such as the National Bureau of Plant Genetic Resources, New Delhi, the
National Bureau of Animal Genetic Resources, etc. Reintroduction of an animal or plant into
the habitat from where it has become extinct is another form of ex situ conservation. For
example, the Gangetic gharial has been reintroduced in the rivers of Uttar Pradesh, Madhya
Pradesh and Rajasthan where it had become extinct. Seed banks, botanical, horticultural and
recreational gardens are important centres for ex situ conservation. Ex-situ conservation
measures complement in-situ conservation.
The lives of local communities are closely interwoven with their environment, and are
dependent upon their immediate resources for meeting their needs. These communities have a
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vast knowledge about local flora and fauna which is very important for biodiversity
conservation. Much of this knowledge is orally passed on from generation to generation.
Such indigenous knowledge needs to be recorded and preserved before it is lost. Several
organizations have recognized this and are working to record the knowledge and preserve it
for posterity.
It is being recognized that no legal provisions can be effective unless local communities are
involved in planning, management and monitoring conservation programmes. There are
several initiatives to do this, both by government as well as non-governmental organizations.
For example, the Joint Forest Management philosophy stresses involvement of village
communities in regenerating and protecting degraded forest land in the vicinity of villages.
Successful conservation strategies will have to have the confidence and participation of the
local communities.
Fair and equitable sharing of benefits arising out of the utilisation of genetic
resources.
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Re-affirming the sovereign rights of Parties over their own biodiversity, the Convention
balances conservation with sustainable utilisation and access to and use of biological
resources and associated knowledge with equitable sharing of benefits arising out of such use.
The CBD offers opportunities to India to realise benefits from its rich biological resources
and associated traditional knowledge.
• The Convention on International Trade in Endangered Species of Wild Flora and Fauna
(CITES)
This is an international treaty which is designed to protect wild plants and animals affected
by international trade. The treaty, in force since 1975, controls the export, import and re-
export of endangered and threatened wildlife.
This Convention, also known as the Ramsar Convention, was signed in Ramsar (Iran) in 1971
and came into force in December 1975. It provides a framework for international cooperation
for the conservation of wetland habitats which have been designated to the 'List of Wetlands
of International Importance'. Programmes have also been launched for scientific management
and wise use of wetlands, mangroves and coral reef ecosystems. Twenty one wetlands, and
mangrove areas and four coral reef areas have been identified for intensive conservation and
management purposes. Mangroves conservation is one of the thrust areas of the Ministry of
Environment and Forests. Under the World Heritage Convention, five natural sites have been
declared as "World Heritage Sites".
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(NBSAP) using participatory planning approach has been prepared, which is currently being
implemented. India’s richness in biological resources and related indigenous knowledge is
well recognised. One of the major challenges before the country lies in adopting an
instrument which help realise the objectives of equitable benefit sharing enshrined in the
convention.
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CHAPTER III
ROLE OF JUDICIARY
The shortcomings of the executive in coping with the pressures on the environment brought
about by change in the country's economic policies had thrust the responsibility of
environmental protection upon the judiciary. This has meant that in India, the Judiciary in
some instances had had to not only exercise its role as an interpreter of the law but has also
had to take upon itself the role of constant monitoring and implementation necessitated
through a series of public interest litigations that have been initiated in various courts.
The Judiciary has contributed to conservation of biological diversity in India by widening the
scope of locus standi and entertaining Public interest litigation in India, enunciating a web of
doctrines and interpreting Constitutional law from environmental perspectives.
In 1996, Supreme Court issued sweeping directions to oversee the enforcement of Forest
Laws across the nation. In T.N. Godavarman Tirumalpad vs Union of India23, Supreme
Court issued sweeping directives to enforce the Forest Conservation Act, 1980.34 The Court
ordered to close wood based industries and on exploitation of forest and forest product. The
Court also created Central and State committees to enforce the directions it issued in this
case. The court recognized that FCA was enacted with a view to check ecological imbalance
caused by rapid deforestation. It was clearly stated by the Court that the provisions of the act
must apply to all the forests irrespective of the ownership or classification thereof.
Forest Conservation Law has also been significantly been impacted through another case,
Centre for Environmental Law (WWF) – India v. Union of India24 concerning national parks
and sanctuaries. While hearing this case, the Supreme Court through one of its interim orders
on 13-11-2000 has restrained all State Governments from de-reserving national parks,
sanctuaries and forests.
The Court had also confronted with the issues of mining activities in the forest areas. The
court had clearly laid down prohibition of mining activities in the forest areas. 25 The Supreme
23
AIR 1996 SC 1228
24
(1998) 6 SCC 483
25
Rural Litigation and Environment Kendra v.State of Uttar Pradesh AIR 1988 SC 2187,
Tarun Bharat Sangh Alwar v. Union of India AIR1992 SC 514.
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Court made it categorically clear that renewal of mining licence after FCA came into force
can be made only on getting prior permission from the Central Government.26 The Supreme
Court observed27 “the primary duty was to the community and that duty took precedence , in
our opinion, in these cases. The obligation to the society must predominate over the
obligation to the individuals.”
The Court had firmly disallowed the non-forest activities and granting of lease for non-forest
activities in forests. Renewal of stone crushing lease without prior permission of the from the
Central Government28 was considered a serious breach of duty in the case Dhirendra
agrawal v. State of Bihar.29The use of forest land for non-forest purpose was clearly denied
by the court in the case of State of Bihar v. Banshi Ram Modi.30Similarly excavations of
iron ore31 and tourism32 in forest were highly criticised by the Supreme Court.
26
Ambika Quarry Works v The State of Gujarat , AIR 1987 SC 1073
27
Id, p 1076.
28
It is mandatory under section 2 of FCA, 1980.
29
AIR 1993 Pat 109
30
AIR 1985 SC 814
31
B V Joshi v State of Andhra Pradesh AIR 1989 AP 122
32
Union of India v Kamath Holiday resorts Pvt. Ltd. AIR 1996 SC 1040
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CONCLUSION AND RECOMMENDATION
Conclusion
This is a critical moment in earth’s history, a time when humanity must choose its future. Our
planet earth is perhaps the only human habitat in the vast universe and we owe it to posterity
to preserve the divine heritage of our biosphere without pollution, degradation and
destruction. The long term perspective for sustainable development requires the broad based
participation of various stakeholders in policy formulation, decision-making and
implementation at all levels in particular of issues of biological diversity and this must be
encouraged. While progress towards sustainable development has been made through
meetings, agreements and changes in environmental governance, real change has been slow.
To effectively address environmental problems, policy-makers should design policies that
tackle both pressures and the drivers behind them. Economic instruments such as market
creation and charge systems may be used to help spur environmentally sustainable behaviour.
India with a strong commitment to contribute towards achieving the target is making
concerted efforts to significantly reduce the current rate of biodiversity loss. Towards this,
taking into account its national priorities and needs, India has formulated a number of
policies, legislations and action plans which define national goals and targets. Some of the
more recent ones are as follows:
The NEP (2006) seeks to achieve balance between conservation and development by
mainstreaming environmental concerns in all developmental activities.
Within five years of ratifying the CBD, a National Policy and Macro-level Action
Strategy on Biodiversity was developed in 1999. Thereafter, preparation of micro-
level action plans was undertaken through a UNDP/GEF project on NBSAP from
2000-2004. This was an extensive exercise involving a large number of people from
various sectors. Subsequent to the approval of NEP in May, 2006, preparation of
NBAP was taken up by revising the 1999 document so that it is in consonance with
the NEP and using the NBSAP project report as one of the inputs. The NBAP 2008
defines targets, activities and associated agencies for achieving the goals.
NAPCC (2008) outlines a number of steps to simultaneously advance development
paradigms and climate change related objectives of adaptation and mitigation. Eight
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national missions form the core of the NAPCC and represent multipronged, long-term
and integrated strategies for achieving key goals.
In pursuance to the CBD objectives, India enacted the BDA in 2002 following a
widespread consultative process over a period of eight years. The Biological Diversity
Rules were notified thereafter in 2004. The Act gives effect to the provisions of the
CBD. It also addresses access to biological resources and associated traditional
knowledge to ensure equitable sharing of benefits arising out of their use to the
country and its people, thereby contributing to achieving the third objective of the
CBD. India is one of the first few countries to have enacted such legislation. The Act
is to be implemented through a three-tiered institutional structure: NBA, SBBs and
BMCs. NBA were set up in 2003. Twenty two states have established SBBs, and
BMCs are in the process of being set up in some states. Efforts are being made to
strengthen the implementation of this Act, including through capacity building of the
institutional structures under UNDP and UNEP/GEF projects.
India has adopted NWAP to give policy imperatives for wildlife conservation.
Recommendations
Most of the legal provisions pertain mainly to use/exploitation of biological resources,
rather than their conservation. Even Wild Life Protection Act 1972, focuses on
protection rather than conservation. Protection under Wild Life Protection Act is
largely directed towards large animal species (charismatic terrestrial species) rather
than the large spectrum of fauna and flora also found in the marine realm.
The existing laws relating to biodiversity shall be examined in order to bring them in
tune with the provisions of convention to reflect current understanding of biodiversity
conservation. There is a need for comprehensive legislation on biodiversity
conservation and use especially fisheries policies, which is generally ignored.
Formulation of policies for protection of wetlands, grasslands, sacred groves, marine
flora and fauna and other areas is significant from the point of view of biodiversity.
Documentation of biodiversity.
Increase allocation of financial resources for conservation of biodiversity.
Integrating conservation with development.
There should be continuous monitoring of biodiversity use for review of results of
implementation of policies and programmes.
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BIBLIOGRAPHY
Articles
1. Alfred, J. R. B. (2006). Faunal resources and sustainable utilization. In: Verma, D.D.,
Arora, S. and Rai, R.K. (Eds.), Perspectives on Biodiversity: A Vision for
Megadiverse Countries. Ministry of Environment and Forests, Government of India,
New Delhi.
2. Ali, R. (2008). Biological invasion in the Indian context. Current Science, 95 (3): 296
3. Arora S. and Ahuja V. (2006). Biodiversity Conservation in Mega diverse Countries:
A Profile. In: Verma, D.D., Arora, S. and Rai, R.K. (Eds.), Perspectives on
Biodiversity: A Vision for Mega diverse Countries. Ministry of Environment and
Forests, Government of India, New Delhi. pp. 21-39.
4. Bhandari, M.M. (1990). Flora of the Indian Desert. 2nd edition. Scientific Publishers,
Jodhpur, India. pp. 459
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India. Government of India Press, Delhi.
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and Karanth, U. (2006). Prioritization of conservation areas in the Western Ghats,
India. Biological Conservation, 133:16-31.
8. Garbyal, S. S., Aggarwal, K. K. and C. R. Babu (2005). Return of biodiversity in
Darma Valley, Dharchula Himalaya, Uttaranchal, North India following fortuitous
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9. IUCN (2004). IUCN Red List of Threatened Species. IUCN Species Survival
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10. IUCN (2008). IUCN Red List of Threatened Species. IUCN Species Survival
Commission. Gland, Switzerland.
Web-links
1. Papers.ssrn.com/sol3/papers.cfm? abstractid=355141
2. www.suite101.com/content/the-importance- of - diversity-a214198
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3. www.czp.cuni.cz/vcsewiki/index.php/Loss_of_Biodiversity_caused_and_solved_by_
Globalisation%3F
4. www.bgci.org/barcelona04/postcongress/Plenary/OtengYeboah.DOC
5. http://moef.nic.in/soer/2001/ind_bio.pdf
6. http://www.environment.tn.nic.in/SoE/images/biodiversity.pdf
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versity.html
8. ttp://news.mongabay.com/2006/1025-biodiv.html
Books
1. Arjun Prasad Nagore, Biological Diversity and International Environmental Law,
A.P.H.Publishing Corporation, New Delhi, 1996.
2. Ashish Kothari, Understanding Biodiversity, Orient Longman, Hyderabad, 1997.
3. John Copeland Nagle, J.B.Ruhl, The Law of Biodiversity and Ecosystem
Management, Foundation Press, New York, 2002.
4. Sukumar R., H.S. Suresh and R. Ramesh (1995). Climate change and its impact on
tropical montane ecosystems in southern India. Journal of Biogeography, vol. 22, pp.
533-536.
5. Groombridge, B. (ed). 1993. The 1994 IUCN Red List of Threatened Animals. IUCN,
Gland, Switzerland and Cambridge, UK. lvi + 286 pp.
Reports
1) Zoological Survey of India, 2011. Faunal Resources of India , http://www.zsi.gov.in.
2) Report of Ministry of Environment &Forests, 2009
3) Botanical Survey of India (1983). Flora and Vegetation of India - An Outline.
Botanical Survey of India, Howrah. 24 pp
4) Forest Survey of India (2011). India State of Forest Report 2011. Dehradun.
5) Ministry of Environment and Forests (2009). India’s Fourth National Report to the
Convention on Biological Diversity. New Delhi.
6) National Forest Commission (2006). Report of the National Forest Commission. New
Delhi: Ministry of Environment and Forests
7) Bhise, S.N. ed. (2004). Decolonizing the Commons. National Foundation for India,
New Delhi in association with Seva Mandir, Udaipur.
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8) Ministry of Environment and Forests (2009). India’s Fourth National Report to the
Convention on Biological Diversity. New Delhi.
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APPENDIX I
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