Flora & Fauna

Naresh Kadyan,
Chief National Commissioner, Scouts and Guides
Master Trainer, Animal Welfare Board of India
National Animal Welfare Authority
United Nation affiliated International Organisation for
Animal Protection: Indian People for animals
“
Biological Diversity Act, 2002
”
Biological Diversity Rules, 2004
Guidelines on Access to Biological Resources and Associated
Knowledge and Benefits Sharing Regulations, 2014
CHAPTER - VI of the Biological Diversity Act, 2002:
Establishment of State Biodiversity Board:
22 (2) Notwithstanding anything contained in this
section, no State Biodiversity Board shall be
constituted for a Union territory and in relation to a
Union territory, the National Biodiversity Authority
shall exercise the powers and perform the functions of
a State Biodiversity Board for that Union territory
Article 51 A (g) of the Constitution of India 1949: to protect and improve the
natural environment including forests, lakes, rivers and wild life, and to have
compassion for living creatures.
Article 48 : Organisation of agriculture and animal husbandry - The State shall
endeavour to organise agriculture and animal husbandry on modern and scientific lines
and shall, in particular, take steps for preserving and improving the breeds, and
prohibiting the slaughter, of cows and calves and other milch and drought cattle
 SEVENTH SCHEDULE
(Article 246)
Article 243 also entitles a state government to delegate to Panchayats and Municipalities, power
to make regulations for animal husbandry, dairy, tanneries etc.

List III—Concurrent List: 47 Entries List II—State List: 66 Entries

• 17. Prevention of cruelty to animals
• 17B. Protection of wild animals
and birds
• 29. Prevention of the extension
from one State to another of
infectious or contagious diseases
or pests affecting men, animals
or plants
• 15. Preservation, protection and
improvement of stock and
prevention of animal diseases;
veterinary training and practice
• 16. Pounds and the prevention of
cattle trespass
• 58. Taxes on animals and boats.
 Difference between Cognizable offenses and Non-Cognizable offenses:
If a Cognizable offense has been committed, a Police Officer can investigate
without the Magistrate’s permission and arrest without warrant.

Cognizable Offenses- Non- Cognizable Offenses-

• Section 2 (c) of the Criminal Procedure Code, 1973
says, that cognizable offenses or cognizable cases are
those under which a police officer can arrest without an
arrest warrant.
• Cognizable offenses are those offenses which are serious
in nature. Example- Murder, Rape, Dowry Death,
Kidnapping, Theft, Criminal Breach of Trust,
Unnatural Offenses.
• Section 154 of CrPc provides, that under a Cognizable
offense or case, The Police Officer has to receive the
First Information Report (FIR) relating to the
cognizable offense, which can be without the
Magistrate’s permission and enter it in the General
Diary and immediately start the investigation.
• Section 2 (l) of CrPc says, that non-cognizable offenses
or cases are those under which a police officer cannot
arrest without a warrant.
• Non-Cognizable offenses are those which are not much
serious in nature. Example- Assault, Cheating, Forgery,
Defamation.
• Section 155 of CrPc provides that in a non-cognizable
offense or case, the police officer cannot receive or
record the FIR unless he obtains prior permission from
the Magistrate.
• Under a Non-Cognizable offense / case, in order to start
the investigation, it is important for the police officer to
obtain the permission from the Magistrate.
 Difference between bailable and non
bailable offence
BAILABLE OFFENCE:
NON BAILABLE OFFENCE:
• In case of bailable offence, the
• A non-bailable offence is one in
grant of bail is a matter of right.
which the grant of Bail is not a
It may be either given by a matter of right. Here the
police officer who is having the Accused will have to apply to
custody of Accused or by the the court, and it will be the
court. The accused may be discretion of the court to grant
released on bail, on executing a Bail or not.
“bail bond", with or without
furnishing sureties.
 A First Information Report (FIR) is a written document prepared
by police, when they receive information about the commission of a
cognizable offence. It is generally a complaint lodged with the police
by the victim of a cognizable offense or by someone on his or her
behalf, but anyone can make such a report either orally or in
writing to the police.

According to the law, a Zero FIR can be filed in any police station
by the victim, irrespective of their residence or crime place. Even if
you are away from the place of incident or are unaware of the right
jurisdiction, you can successfully file an FIR in any police station.
This type of FIR is termed as a Zero FIR.
 "animal" means any living creature other than a human being.
Bovines, Caprines, Ovines, Suillines, and this
includes Poultry and Fish can be slaughtered
for human consumption.
Duties of persons having charge of animals :
It shall be the duty of every person having
the care or charge of any animal to take all
reasonable measures to ensure the well-being
of such animal and to prevent the infliction
upon such animal of unnecessary pain or
suffering, hence animal can’t be treated as
Goods, being living creatures, who have
feelings.
•"Slaughter" means the killing or destruction of any animal for
the purpose of food and includes all the processes and operations
performed on all such animals in order to prepare it for being
slaughtered.

•"Slaughter house" means a slaughter house wherein 10 or more

than 10 animals are slaughtered per day and is duly licensed or
recognized under a Central, State or Provincial Act or any rules or
regulations made there under.

•Adoption of animals, being community pets.

 Five liberties of animals, as
upheld by the Supreme Court
of India read with section 3
of the PCA Act, 1960
• Freedom from hunger or
thirst.
• Freedom from discomfort.
• Freedom from pain, injury or
disease.
• Freedom to express (most)
normal behaviour.
• Freedom from fear and
distress.
 BY:
•Abhishek Kadyan,
Universal Commissioner for Human Resources.
•Ms. Suman Kadyan,
Universal Commissioner for IT & Retails.
•Ms Sukanya Kadyan Berwal,
Commissioner of Education.
Judgment passed by the Hon'ble National Green Tribunal (Principal Bench) New Delhi in
original Application no. 347 of 2016 on 08.08.2018:
1. This application puts forward the grievance of non compliance of provisions of the
Biological Diversity Act, 2002 and Biological Diversity Rules, 2004. It is stated that various
States/Authorities have failed to constitute adequate number of Biodiversity Management
Committees at the local level which is mandate under Section 41 of the Biological Diversity Act,
2002. They have also failed to prepare, maintain and validate the People’s Biodiversity
Register as required to be done under Rule 22 of the Biological Diversity Rules, 2004. The
Biodiversity Management Committees have failed to collect the charges through collection fees
from the people who have accessed the biological resource for the commercial purposes under
Section 41(3) of the Biological Diversity Act, 2002. The State Governments have failed to
provide grants and loans to the respective State Biodiversity Boards as prescribed under
Section 42 and 43 of the said Act.
2. This Tribunal issued notices to all the States and Union Territories Boards and Authorities.
The matter has been considered on several dates in the last 2 years. It is not necessary to refer
to all the proceedings. Some State Boards have filed their respective affidavits mentioning the
steps taken for enforcement of Act and the Rules.
3. Learned counsel for the applicant has stated that there are gaps in the implementation of the Acts and
the Rules. Steps have to be taken by the authorities. There are 2,51,428 local bodies but there are 46,317
Biodiversity Management Committee (BMCs) in India. BMCs have been constituted in only 18.42% of
the local bodies. Learned counsel for the Ministry of Environment, Forest & Climate Change and
National Biodiversity Authority disputes this stand. According to him, number of BMCs as on 06.08.2018
is 73,367. Even if we accept the figure mentioned by the learned counsel for the MoEF & CC and the
NBA as against the requirement of about 2.5 lakhs, the constitution of BMCs is only about 30% of the
local bodies.
4. In view of the above, it appears to be necessary that there is need for further monitoring of this aspect
by the MoEF &CC and NBA jointly with the target of ensuring that the legal requirements are complied
with within 6 months from today. With this target, the monitoring meetings be held once in a month.
The nodal agency for conducting the meeting and monitoring the compliance of the statutory
requirements will be the MoEF & CC.
5. A copy of this order be sent to the MoEF & CC for compliance by e-mail.
6. The MoEF & CC may send a compliance report to the Tribunal by e-mail at filing.ngt@gmail.com on
or before 31.03.2019. The Monitoring Committee may also consider compliance of other requirements
including People’s Biodiversity Registers.
The application is disposed of. List for consideration of such report on 25th February, 2019.