Environmental Law

ENVIRONMENTAL LAW - I Conservation of Biodiversity in India

SUBMITTED TO:

SUBIMTTED BY:

Prof. Ghulam Yazdani

AKASH NARAYAN BA.LLB (Hons.) 6th Semester

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ACKNOWLEDGEMENT 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 me great satisfaction to prepare this project. I would like to take this opportunity to express our gratitude and personal regards to Prof. Ghulam Yazdani for inspiring and guiding me during the course of this project work. Without his valuable guidance and support the completion of the project would not have been possible. I 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. I would also like to thank our seniors for guiding us through tough times. I am also thankful to our parents who continuously encouraged and inspired us for our project work.

Table of Contents INTRODUCTION ...................................................................................................................................4 Definition ................................................................................................................................................................................................................................. 4 India’s biodiversity profile .............................................................................................................................................................................................................4

a) Faunal diversity .................................................................................5 b) Floral diversity ..................................................................................5 INDIA’S BIODIVERSITY: MAJOR THREATS AND CHALLENGES ...............................................6 Habitat fragmentation, degradation and loss ....................................................................................................................................................................................... 6 Shrinking genetic diversity .............................................................................................................................................................................................................8 Declining natural resource base and overexploitation of resources .............................................................................................................................................................9 Invasive Alien Species .................................................................................................................................................................................................................10 Climate Change and Desertification ................................................................................................................................................................................................ 10 Pollution .................................................................................................................................................................................................................................11 Challenges............................................................................................................................................................................................................................... 12

The Legislative and Executive Measures for Conservation of Bio Diversity in India ..........................14 Legislative measures................................................................................................................................................................................................................... 14 Policy Measures......................................................................................................................................................................................................................... 16 Policy Gaps .............................................................................................................................................................................................................................. 18 Other Conservation efforts by India................................................................................................................................................................................................. 19

1. In-situ Conservation ...........................................................................19 2. Ex-situ Conservation ..........................................................................20 3. Recording Indigenous Knowledge ............................................................21 4. Community Participation in Biodiversity Conservation ..................................21 6. International Conservation Strategies ...................................................... 21 ROLE OF JUDICIARY.........................................................................................................................24 CONCLUSION .....................................................................................................................................26 Conclusion............................................................................................................................................................................................................................... 26

BIBLIOGRAPHY..................................................................................................................................28 Articles ..................................................................................................................................................................................................................................28 Web-links ................................................................................................................................................................................................................................29 Books ..................................................................................................................................................................................................................................... 29

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. 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

1

Section 2(b) of Biological Diversity Act, 2002

2 Article

2 of Convention on Biological Diversity (CBD) (UNEP 1992).

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. 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 world 3 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,

3

Zoological Survey of India, 2011. Faunal Resources of India , http://www.zsi.gov.in.

4

Report of Ministry of Environment &Forests, 2009

Botanical Survey of India (1983). Flora and Vegetation of India - An Outline. Botanical Survey of India, Howrah. 24 pp 5

Groombridge, B. (ed). 1993. The 1994 IUCN Red List of Threatened Animals. IUCN, Gland, Switzerland and Cambridge, UK. lvi + 286 pp. 6

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. 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 area7, India has a respectable forest Planning Commission (2010). Mid-Term Appraisal of the Eleventh Five Year Plan. New Delhi 7

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 rubber9. 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 grasslands11. 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

8

Forest Survey of India (2011). India State of Forest Report 2011. Dehradun.

Ministry of Environment and Forests (2009). India’s Fourth National Report to the Convention on Biological Diversity. New Delhi. 9

National Forest Commission (2006). Report of the National Forest Commission. New Delhi: Ministry of Environment and Forests 10

Bhise, S.N. ed. (2004). Decolonizing the Commons. National Foundation for India, New Delhi in association with Seva Mandir, Udaipur. 11

Ministry of Environment and Forests (2009). India’s Fourth National Report to the Convention on Biological Diversity. New Delhi. 12

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 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.

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. 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. An assessment of plant genetic resources for food and agriculture illustrates this point. These resources contribute to people’s livelihoods while providing food, medicine, feed for domestic animals, fibre, clothing, shelter, energy and a multiple of other products and services. India is remarkably rich in agriculturally important genetic resources. However, both the number of crops grown on commercial scale and the number of their varieties grown under different agro-ecosystems, have severely declined in recent decades reducing thereby the agricultural biodiversity maintained in diverse farming systems. About 150 crops feed most of the human population at present, but just 12 of them provide 80% of food energy (with wheat, rice, maize and potato alone providing 60%). Also, about 30 mammalian and bird species are used extensively, but just 15 of them account for over 90 per cent of global livestock production. The Indian scenario is not very different. Choice of crops and farm livestock in agricultural production systems is now getting largely influenced by market

trends and changing lifestyles, affecting the variety, taste and nutrition value of our food basket. Landraces, developed and grown traditionally by farming communities through generations, locally adapted obsolete cultivars and their wild relatives comprise crop genetic resources. These provide the building blocks used by farmers and scientists as the raw 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.

Declining natural resource base and overexploitation of resources India is endowed with diverse forest types ranging from the tropical wet evergreen forests in North-East to the tropical thorn forests in the Central and Western India. The forests of the country can be divided into 5 major groups based on climatic factors. These major groups have been further divided into 16 forest types based on temperature and they are further divided into several sub groups and type groups leading to 202 forest types and sub types based on location specific climatic factor and plant species constitution. Forests face threats

on account of diversion of forest land for agriculture, industry, human settlements, and other developmental projects. Construction of roads and canals, quarrying, shifting cultivation and encroachments are other threats. Degradation of forests results from illicit felling, excess removal of forest products, fodder, fuel wood, forest floor litter, overgrazing and forest fires. As a result, some of the floristic and faunal components, including many keystone and endemic forest species are now left with a narrow eroding population which needs to be 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.

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, Mikania micrantha, Ulex enropaeus, Prosopis juliflora, Cytisus scoparius, Euphorbia royleana etc.

13Alien

aquatic weeds like water hyacinth and water lettuce are

increasingly choking waterways and degrading freshwater ecosystems.

Climate Change and Desertification Climate change, on account of a buildup of greenhouse gases in the atmosphere leading to global warming, poses another significant threat to biodiversity, ecosystems, and the goods and services they provide. There are indications that the projected changes in temperature and CO2 concentration may alter growth, reproduction and host-pathogen relationships in both plants and animals. It is believed that the ecosystems with undiminished species diversity, and species with their genetic diversity intact, are likely to be in a much better position to face the impact of climate change. Though the exact impact of climate change on India’s

Ministry of Environment and Forests (2008). National Biodiversity Action Plan. New Delhi. 13

natural resources is yet to be studied in detail, pioneering studies show that endemic mammals like the Nilgiri tahr face an increased risk of extinction.14Further, there are indicative reports of certain species (e.g., Black-andrufous flycatcher (Ficedula nigrorufa) shifting their lower limits of distribution to higher reaches, and sporadic dying of patches of Shola forests with the rise in ambient surface temperatures.15 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 subhumid). 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

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. 14

16Space

Applications Centre (2007). Desertification & Land Degradation Atlas of India. Ahmedabad: Indian Space Research Organisation. Ministry of Environment and Forests (2009a). State of Environment Report India, 2009. New Delhi. 17

18

Ministry of Environment and Forests (n.d.). The Gharial: Our River Guardian. New Delhi.

populations of three vulture species – White-backed vulture (Gyps bengalensis), Slenderbilled 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. 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 longterm 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

Ministry of Environment and Forests and Zoological Survey of India (2011). Critically Endangered Animal Species of India. New Delhi 19

Ministry of Environment and Forests (2009). India’s Fourth National Report to the Convention on Biological Diversity. New Delhi. 20

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).

National Forest Commission (2006). Report of the National Forest Commission. New Delhi: Ministry of Environment and Forests. 21

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,22 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 `[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. 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.

For example, the Indian Board for Wildlife was constituted as early as 1952 to advise the government on wildlife conservation measures (NFC, 2006) 22

3) Forest (Conservation) Act, 1980 ➢ Designed for the conservation of forests and related matters

4) Protection of Plant Varieties and Farmers’ Rights Act, 2001 ➢ Provides for the establishment of an effective system for protection of plant varieties, the rights of farmers and plant breeders, and to encourage the development of new varieties of plants. 5) 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. 6) Biological Diversity Rules, 2004 ➢ Deals with operationalizing the Biological Diversity Act.

7) 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.

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. 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) intragenerational 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. ❖ Lacunae in economic policy, institutional and governance system. ❖ Inadequate enforcement of existing laws. ❖ Poor implementation of wildlife protection act 1972 as amended in 1991 ❖ Inadequate implementation of eco-development programmes. ❖ Need for enhanced role of NGOs and other institutions. ❖ Need for political commitment and good will.

❖ Need for providing Institutional Structure. ❖ Need for more sectoral financial outlay. ❖ Human resource development – limited local community participation.

Other Conservation efforts by India India has undertaken a range of conservation measures to protect its biodiversity, including ex-situ and insitu measures. The cornerstone of in-situ conservation in the country is its vast protected area network. There are four main categories of protected areas, viz., National Parks, Wildlife Sanctuaries, Conservation Reserves and Community Reserves. Both National Parks and Wildlife 1. In-situ Conservation Conserving the animals and plants in their natural habitats is known as in situ conservation. The established natural habitats are: ❖ National parks and sanctuaries ❖ Biosphere reserves ❖ Nature reserves ❖ Reserved and protected forests ❖ Preservation plots ❖ Reserved forests 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),

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. A programme "Eco-development" for in-situ conservation of biological diversity involving local communities was initiated. It integrates the ecological and economic parameters for sustained conservation of ecosystems by involving local communities with maintenance of earmarked regions surrounding protected areas. Approximately, 4.2 % of the total geographical area of the country has been earmarked for extensive in-situ conservation of habitats and ecosystems. A protected area network of 85 national parks and 448 wildlife sanctuaries has been created. The results of this network have been significant in restoring viable population of large mammals such as tiger, lion, rhinoceros, crocodiles and elephants. 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.

3. Recording Indigenous Knowledge 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 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. 4. Community Participation in Biodiversity Conservation 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. 6. International Conservation Strategies Conserving biodiversity is not an issue confined to any one country or community. It is a crucial global concern. Several international treaties and agreements are in place in the attempt to strengthen international participation and commitment towards conserving biodiversity. Some of these to which India is a party are: • Convention on Biological Diversity The Convention on Biological Diversity (CBD) is a landmark in the environment and development field, as it takes for the first time a comprehensive rather than a sectoral approach to the conservation of Earth’s biodiversity and sustainable use of biological resources. The Convention on Biological Diversity (CBD) was negotiated and signed by nations at the UNCED Earth Summit at Rio de Janeiro in Brazil in June 1992. India is a party to this convention. The main objectives of the Convention are:

❖ Conservation of biological diversity; ❖ Sustainable use of the components of biodiversity; ❖ Fair and equitable sharing of benefits arising out of the utilisation of genetic resources. 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 reexport of endangered and threatened wildlife. • The Convention on Wetlands of International Importance 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". To conserve the representative ecosystems, a Biosphere Reserve Programme is being implemented. Twelve biodiversity rich areas of the country have been designated as Biosphere Reserves. These reserves aim at conserving the biological diversity and genetic integrity of plants, animals and microorganisms in their totality as part of the natural

ecosystems, so as to ensure that self-perpetuation and unhindered evolution of the living resources. The Ministry of Environment and Forests constituted the National Afforestation and Eco-development Board (NAEB) in 1992. NAEB has evolved specific schemes for promoting afforestation and management strategies which help the states in developing specific afforestation and management strategies and eco-development packages for augmenting biomass production through a participatory planning process of joint forest management and microplanning. A detailed National Biodiversity Strategy and Action Plan (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.

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 India 24 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 24

1996 SC 1228

(1998) 6 SCC 483

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. 25

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.29 The 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

CONCLUSION 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 microlevel 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.

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 5. Champion, H. G. and Seth, S. K. (1968). A Revised Survey of the Forest Types of India. Government of India Press, Delhi. 6. Chowdhery, H.J. and Murti, S.K. (2000). Plant diversity and conservation in India. Bishen Singh Mahendra Pal Singh, Dehra Dun. pp.103. 7. Das, A., Krishnaswamy, J., Bawa, K.S., Kiran, M.C., Srinivas, Samba Kumar, V. N. 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 changes in traditional lifestyle of the local inhabitants. Current Science, 88 (5): 722-725. 9. IUCN (2004). IUCN Red List of Threatened Species. IUCN Species Survival Commission. Gland, Switzerland.

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 3. w w w . c z p . c u n i . c z / v c s e w i k i / i n d e x . p h p / 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 7. http://www.globalchange.umich.edu/globalchange2/current/lectures/biodiversity/ biodiversity.html 8. ttp://news.mongabay.com/2006/1025-biodiv.html

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