Conservation of bio-diversity in india

Environmental law

Submitted by:

Mannem srinivas gowd

Roll no: 2013066

Semester-VII

________________________________________________________

DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY

Visakhapatnam

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 ACKNOWLEDGEMENT

This project is done as a semester project, as a part of course titled conservation of bio-
diversity in india. I am really thankful to our course instructor Ms.Bushra quasmi, professor,
Damodaram Sanjivayya National Law University, for her valuable guidance and assistance
without which the accomplishment of this task would have never been possible. I also thank
her for giving this opportunity.

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 Table of Contents
RESEARCH METHODOLOGY..............................................................................................V

INTRODUCTION......................................................................................................................1

Definition................................................................................................................................1

Indias biodiversity profile.....................................................................................................1

a) Faunal diversity..............................................................................................................2

b) Floral diversity................................................................................................................2

CHAPTER I...............................................................................................................................3

INDIAS BIODIVERSITY: MAJOR THREATS AND CHALLENGES..................................3

Habitat fragmentation, degradation and loss..........................................................................3

Shrinking genetic diversity.....................................................................................................5

Declining natural resource base and overexploitation of resources.......................................6

Invasive Alien Species............................................................................................................7

Climate Change and Desertification.......................................................................................7

Pollution.................................................................................................................................8

Challenges..............................................................................................................................8

CHAPTER II............................................................................................................................10

Legislative and executive measures for conservation of bio-diversity in India.......................10

Legislative measures............................................................................................................10

Policy Measures....................................................................................................................11

Policy Gaps...........................................................................................................................13

Other Conservation efforts by India.....................................................................................14

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 1. In-situ Conservation......................................................................................................14

2. Ex-situ Conservation.....................................................................................................15

3. Recording Indigenous Knowledge................................................................................15

4. Community Participation in Biodiversity Conservation...............................................16

6. International Conservation Strategies...........................................................................16

CHAPTER III...........................................................................................................................19

ROLE OF JUDICIARY...........................................................................................................19

CONCLUSION AND RECOMMENDATION........................................................................21

Conclusion............................................................................................................................21

Recommendations................................................................................................................22

BIBLIOGRAPHY....................................................................................................................23

Articles.................................................................................................................................23

Web-links..............................................................................................................................23

Books....................................................................................................................................24

Reports..................................................................................................................................24

APPENDIX I............................................................................................................................26

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 RESEARCH METHODOLOGY

Topic:- Conservation of Biodiversity in India

Subject:- Environment Law

Objectives:-

1) To identify and understand the profile of biological diversity in India

2) To identify and examine major threats and constraints to Biodiversity
3) To identify and examine legislative and policy framework for conservation of
biodiversity in India
4) To understand the role of Indian Judiciary in conservation efforts for biodiversity.
5) To find out policy lacunas and suggest remedial measures.

Research questions:-

1 What is Biodiversity?
2 What is the existing biodiversity profile in terms of flora and fauna in India?
3 What are the threats to biological diversity in India?
4 What is the impact of these threats on biodiversity?
5 Whether there are sufficient legislations available in India for conservation of
Biodiversity?
6 What is the role of Indian Judiciary in conservation efforts for biological diversity?
7 Whether there is scope of further improvement in existing policy frame work?

Source

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

Indias 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).

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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 worlds faunal species
(ZSI, 2011). A signicant 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 sh, 8.58 percent mammal, 7.91 percent reptile and 5.60 percent amphibian
species in the world3 In terms of the worlds species-richness, India is fth in reptiles,
seventh in mammals and ninth in birds 4

b) Floral diversity

Indias contribution to global oral diversity is even higher than its contribution to faunal
diversity. With over 45,500 recorded species, it accounts for nearly 11 percent of the worlds
oral 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 fth of the worlds Fungi and around
a sixth of the worlds 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 species 6. 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

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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Survey and Conservation of Endangered species of Flora (POSSCEP) has partially
documented these plants, and published its findings in Red Data Books.

CHAPTER I

INDIAS 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 worlds
population on less than 2.5 percent of global land area. In order to support this large
population, around 42 percent of the countrys geographical area has already been put under
agriculture. Although at 21 percent of the geographical area7, India has a respectable forest
cover, dense forests are restricted to only around 12 percent 8. 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
res 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 forests 10. Widespread
encroachment of common lands has considerably reduced the extent of grasslands 11. Many
wetlands are facing threats such as siltation, efuent discharge and changes in hydrological
regime. Aquaculture, salt farming and restricted ow 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

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). Indias 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). Indias Fourth National Report to the
Convention on Biological Diversity. New Delhi.

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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
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 peoples 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

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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

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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
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royleana etc. Alien 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

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

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face the impact of climate change. Though the exact impact of climate change on Indias
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 ycatcher (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 desertication. Around 69 percent
of Indias geographical area could be classied as dry land (arid, semi-arid and dry sub-
humid). Remote sensing data indicate that around 32 percent of the countrys geographical
area (c. 105 million hectares) is undergoing the process of land degradation. The three main
processes contributing to desertication 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 Indias 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

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.

15

16Space Applications Centre (2007). Desertication & 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.

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contaminated sh.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.

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

the countrys land area surveyed so far.20 A shortage of qualied taxonomists for carrying out
taxonomic studies in the country has hampered the survey process. For instance, some
groups, such as soil microorganisms and marine ora and fauna, have not been sufciently
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 re
and edge-effects. Creating corridors to expand and connect protected areas is crucial for long-
term conservation success, to facilitate gene ow 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 difcult to expand the protected area network (especially National Parks and
Wildlife Sanctuaries) on account of a perceived conict between protected areas and local
peoples dependence on them for livelihoods. The need for expansion of the protected area

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

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

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network can be illustrated through an example. Out of 463 Important Bird Areas (IBAs)
identied in the country, as many as 199 (43 percent) are not ofcially protected.21

Other key challenges pertain to insufcient human resources, insurgency or unrest in some
parts of the country, inadequate nancial resources and equipment, increasing human-animal
conict 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).

CHAPTER II

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 benets 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.

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

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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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.
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;

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 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

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 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) 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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 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

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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.

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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 Earths 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;

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 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 re-export
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

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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. Indias 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 India 23, 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.

23 AIR 1996 SC 1228

24 (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. 25 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. 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.

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.

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 earths 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
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 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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 7 http://www.globalchange.umich.edu/globalchange2/current/lectures/biodiversity/biodi
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). Indias 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.
8) Ministry of Environment and Forests (2009). Indias Fourth National Report to the
Convention on Biological Diversity. New Delhi.

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APPENDIX I

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