Table of content

ACKNOWLEDGEMENT………………………………………………. 2
INTRODUCTION………………………………………………………. 3
DEFINITION……………………………………………………………. 4
INDIAN’S BIODIVERSITY PROFILE…………………………….…4-5
INDIA’S BIODIVERSITY: MAJOR THREATS AND
CHALLENGES………………………………………………………5-8
THE LEGISLATIVE AND EXECUTIVE MEASURE FOR
CONSERVATION OF BIO DOVERSITY IN INDIA………………..8-11
ROLE OF JUDICIARY………………………………………….…. 11-12
CONCLUSION……………………………………………………… 12-13

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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

India’s biodiversity profile

India is one of the 12-mega diverse countries of the world. With only 2.5% of the land area,
India already accounts for 7.8% of the global recorded species. India is also rich in traditional
and indigenous knowledge, both coded and informal. Notwithstanding the fact that current
knowledge of the number of species inhabiting the earth is still incomplete, estimates vary
from 8 to 14 million species. To date, about 1.7 million species have been described while
many more await discovery.

1
Biological Diversity Act, 2002 ,Section 2(b)
2
Convention on Biological Diversity (CBD) (UNEP 1992), Article 2
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,
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.

INDIA’S BIODIVERSITY: MAJOR THREATS AND

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.
Habitat fragmentation, degradation and loss

Habitat destruction is identified as the main threat to biodiversity. Under diverse natural
conditions, over a billion people in rural and urban areas live in harmony under a democratic
system in India. Their pressing needs for food, fibre, shelter, fuel and fodder combined with
compelling need for economic development exert enormous pressure on natural resources.
The loss and fragmentation of natural habitats affects all animal and plant species. We need
to not only stop any further habitat loss immediately but also to restore a substantial fraction
of the wilderness that has been depleted in the past. Various species of plants and animals are
on the decline due to habitat fragmentation and overexploitation, e.g. habitats of Great Indian
Bustard in Madhya Pradesh, Gujarat and Rajasthan, and of the Lion-tailed Macaque in
Western Ghats Habitat fragmentation is also one of the primary reasons leading to cases of
man animal conflict. Common property resources like pastures and village forests, which
served as a buffer between wildlife habitat and agriculture, have been gradually encroached
upon and converted into agricultural fields and habitation. Due to this, the villagers are
brought into a direct conflict with wild animals. The usual cases regarding man-animals
conflicts relate to leopards, elephants, tigers, monkeys, blue-bulls, wild boars and certain
birds.

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 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
agriculture. Although at 21 percent of the geographical area3, India has a respectable forest cover;
dense forests are restricted to only around 12 percent4. 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. 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.

Shrinking genetic diversity

Shrinking genetic diversity leads to more vulnerability to diseases and pests and lesser
adaptability to environmental changes. This lesson has emerged from the world-wide experience
of drastically curtailed genetic diversity in agricultural biodiversity following the so called
Green and White Revolutions in agriculture-based economies, including India. Conserving the
flagship large animal species (such as the lion, tiger, rhino and elephant) has also attracted the
concern that these projects should aim at broadening the genetic base (gene pool) in breeding
populations besides focusing on habitat protection. 5 The decisive factor in saving critically
endangered species is maintaining the minimum size and genetic base of inter-mating
individuals rather than their total number which may include the non-breeding individuals also.6

Invasive Alien Species

Among the major threats faced by native plant and animal species (and their habitats), the one
posed by the invasive alien species is truly scaring since it is considered second only to that
of the habitat loss. The major plant Forest Invasive Species (FIS) include Lantana camara,
Eupatorium glandulosum, Parthenium species, Mimosa species, Eichhornia crassipes,

3
Planning Commission (2010). Mid-Term Appraisal of the Eleventh Five Year Plan. New Delhi
4
Forest Survey of India (2011). India State of Forest Report 2011. Dehradun
4

5
Bhise, S.N. ed. (2004). Decolonizing the Commons. National Foundation for India, New Delhi in association with
Seva Mandir, Udaipur
6
Ministry of Environment and Forests (2009). India‟s Fourth National Report to the Convention on Biological
Diversity. New Delhi.
4
 Mikania micrantha, Ulex enropaeus, Prosopis juliflora, Cytisus scoparius, Euphorbia
13
royleana etc. Alien aquatic weeds like water hyacinth and water lettuce are increasingly
choking waterways and degrading freshwater ecosystems.

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. 7Many 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.8Rampant 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.9

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.

There is lack of a comprehensive information base on biodiversity, with only 70 percent of

the country‟s land area surveyed so far.10A shortage of qualified taxonomists for carrying out
taxonomic studies in the country has hampered the survey process. For instance, some

7
Space Applications Centre (2007). Desertification & Land Degradation Atlas of India. Ahmedabad: Indian
Space Research Organisation.
8 8
Ministry of Environment and Forests (2009a). State of Environment Report India, 2009. New Delhi
9
Ministry of Environment and Forests (n.d.). The Gharial: Our River Guardian. New Delhi.
10
Ministry of Environment and Forests (2009). India‟s Fourth National Report to the Convention on Biological
Diversity. New Delhi.

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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.11

The Legislative and Executive Measures for Conservation of Bio

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, concerted 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 `the State shall endeavour to protect and
improve the environment and to safeguard the forests and wildlife of the country‟, and
11
National Forest Commission (2006). Report of the National Forest Commission. New Delhi: Ministry of
Environment and Forests.

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Article 51-A (g) states that `it 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.

1) Wildlife (Protection) Act, 1972

 Deals with protection of wildlife and habitats and provides for the protection of wild
animals, birds and plants and related matters, with a view to ensuring the ecological
and environmental security of the country
2) Indian Forest Act, 1927
 Designed for forest management and protection, the transit of forest and the duty
liveable on timber and other forest produce.
3) Forest (Conservation) Act, 1980

Designed for the conservation of forests and related matters

4) Biological Diversity Act, 2002

After an extensive and intensive consultation process involving the stakeholders, the
Central Government has brought Biological Diversity Act,2002 with the following
salient features:-
 to regulate access to biological resources of the country with the purpose of securing
equitable share in benefits arising out of the use of biological resources; and
associated knowledge relating to biological resources;
 to conserve and sustainably use biological diversity;
 to respect and protect knowledge of local communities related to biodiversity;
 to secure sharing of benefits with local people as conservers of biological resources
and holders of knowledge and information relating to the use of biological resources;
 conservation and development of areas of importance from the standpoint of
biological diversity by declaring them as biological diversity heritage sites;
 Protection and rehabilitation of threatened species and to involve institutions of state
governments in the broad scheme of the implementation of the Biological Diversity
Act through constitution of committees.
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 5) Biological Diversity Rules, 2004
 Deals with operationalizing the Biological Diversity Act.
6) The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest
Rights) Act, 2006
 Recognizes and vests the traditional rights to forest dwelling communities over access
to forest goods and occupation in forest lands.

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

1) National Forest Policy, 1988

 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.

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 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.

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 India12, 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 India13 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.

12
AIR 1996 SC 1228
13
(1998) 6 SCC 483
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 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.14 The Supreme

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. 15The Supreme
Court observed16 “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 Government17 was considered a serious breach of duty in the case Dhirendra agrawal
v. State of Bihar.18The 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.19Similarly excavations of iron ore31
and tourism20 in forest were highly criticised by the Supreme Court.

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

14
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.
15
Ambika Quarry Works v The State of Gujarat , AIR 1987 SC 1073
16
FCA, 1980, sec2
17
AIR 1993 Pat 109
18
AIR 1985 SC 814
19
B V Joshi v State of Andhra Pradesh AIR 1989 AP 122
20
Union of India v Kamath Holiday resorts Pvt. Ltd. AIR 1996 SC 1040

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 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 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.

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