Laws of Biodiversity Conservation in India

 

Title : - Laws of Biodiversity Conservation in India

Durgesh Khobragade

Department of Life Science

Sardat Patel university Dongriya, Balaghat MP

email address - durgeshbgt91@gmail.com

 

1.Introduction of Biodiversity

According to Section 2(b) of the Biological Diversity Act, 2002, biodiversity is "the variety among living creatures from all sources and the ecological complexes to which they belong, and encompasses diversity within or between species and of eco-systems."

The term "biological diversity" refers to the variation among living things from all sources, such as terrestrial, marine, and other aquatic ecosystems, as well as the ecological complexes to which they belong. This includes variation within and between species as well as within and between ecosystems.

2.Definition of Biodiversity

“Biodiversity is the variation among living organisms from different sources including terrestrial, marine and desert ecosystems, and the ecological complexes of which they are a part.”

What is Biodiversity?

Biodiversity describes the richness and variety of life on earth. It is the most complex and important feature of our planet. Without biodiversity, life would not sustain.

The term biodiversity was coined in 1985. It is important in natural as well as artificial ecosystems. It deals with nature’s variety, the biosphere. It refers to variabilities among plants, animals and microorganism species.

Biodiversity includes the number of different organisms and their relative frequencies in an ecosystem. It also reflects the organization of organisms at different levels.

Biodiversity holds ecological and economic significance. It provides us with nourishment, housing, fuel, clothing and several other resources. It also extracts monetary benefits through tourism. Therefore, it is very important to have a good knowledge of biodiversity for a sustainable livelihood.

3.Types of Biodiversity

There are the following three different types of biodiversity :-

A. Genetic Biodiversity

B. Species Biodiversity

C. Ecological Biodiversity

A. Species diversity

Species diversity refers to the variety of different types of species found in a particular area. It is the biodiversity at the most basic level. It includes all the species ranging from plants to different microorganisms.

No two individuals of the same species are exactly similar. For example, humans show a lot of diversity among themselves.

B. Genetic diversity

It refers to the variations among the genetic resources of the organisms. Every individual of a particular species differs from each other in their genetic constitution. That is why every human looks different from each other. Similarly, there are different varieties in the same species of rice, wheat, maize, barley, etc.

C. Ecological diversity

An ecosystem is a collection of living and non-living organisms and their interaction with each other. Ecological biodiversity refers to the variations in the plant and animal species living together and connected by food chains and food webs.

It is the diversity observed among the different ecosystems in a region. Diversity in different ecosystems like deserts, rainforests, mangroves, etc., include ecological diversity.

4.Importance of Biodiversity

Biodiversity and its maintenance are very important for sustaining life on earth. A few of the reasons explaining the importance of biodiversity are:

A. Ecological Stability

Every species has a specific role in an ecosystem. They capture and store energy and also produce and decompose organic matter. The ecosystem supports the services without which humans cannot survive. A diverse ecosystem is more productive and can withstand environmental stress.

B. Economic Importance

Biodiversity is a reservoir of resources for the manufacture of food, cosmetic products and pharmaceuticals.

Crops livestock, fishery, and forests are a rich sources of food.

Wild plants such as Cinchona and Foxglove plant are used for medicinal purposes.

Wood, fibres, perfumes, lubricants, rubber, resins, poison and cork are all derived from different plant species.

The national parks and sanctuaries are a source of tourism. They are a source of beauty and joy for many people.

C. Ethical Importance

All species have a right to exist. Humans should not cause their voluntary extinction. Biodiversity preserves different cultures and spiritual heritage. Therefore, it is very important to conserve biodiversity.

5.Biodiversity in India

India is one of the most diverse nations in the world. It ranks ninth in terms of plant species richness. Two of the world’s 25 biodiversity hotspots are found in India. It is the origin of important crop species such as pigeon pea, eggplant, cucumber, cotton and sesame. India is also a centre of various domesticated species such as millets, cereals, legumes, vegetables, medicinal and aromatic crops, etc.

India is equally diverse in its faunal wealth. There are about 91000 animal species found here.

However, diversity is depleting at a drastic rate and various programmes on biodiversity conservation are being launched to conserve nature.

6.Biodiversity Laws in India

The diversity of all lives on earth is referred to as biodiversity. India is one of the 17 nations with the most diversity in the world. India is home to 7.8% of all species known to exist in the world while having just 2.5% of the global geographical area. Furthermore, India is a country with a wealth of both formal and informal traditional and indigenous knowledge. A vital component of agriculture and food production is biological variety. Almost infinite combinations of creatures make up natural ecosystems, from the millions of genes that serve as the building blocks to the thousands of plants and animals that occupy the globe.

Likewise, because of having so much elements, in order to protect and conserve them legislations are essentially required; therefore, there are different acts that the parliament of India, has passed.

Legislation on Biodiversity in India

There are several pieces of legislation related to biodiversity in India and, these are as follows −

Fisheries Act 1897

Indian Forests Act 1927

Prevention of Cruelty to Animals 1960

Biological Diversity Act 2002

Environment Protection Act 1986

Air (prevention and control of pollution) act 1981

Forest Conservation Act 1980

Water (prevention and control of pollution) act 1974

Wildlife protection act 1972

Indian Fisheries Act (1897)

The following was underlined in the

 Indian Fisheries Act −

Use of harmful fishing techniques, such as dynamiting and poisoning, is forbidden in upland and coastal waters. Fishing regulations include limiting mesh size, fish size, and capture, as well as a two-year prohibition on fishing during specific seasons and locations. Fish protection in certain seas. Imprisonment and warrantless arrest for any offence.

Indian Forests Act (1927)

The Indian Forest Act was passed in 1927 to codify existing forest-related laws, control the movement of forest products, and impose taxes on wood and other forest products. It is broken down into 13 chapters and 86 parts, covering everything from the definition of different forests to the fines that must be imposed when the Act's rules are broken. The Act's Section 2 specifies a number of terminology that are crucial to the study of forests, including cow, forest officer, and forest produce. Reserved, protected, and village woods are the three categories into which the Act divides forests.

Prevention of Cruelty to Animals (1960)

The Prevention of Cruelty to Animals Act, 1960 is a law passed by the Indian Parliament in 1960 to outlaw the needless suffering or discomfort of animals. The Act does not forbid the training or exhibition of any animals, but it does provide the Central Government the authority to declare it as unlawful.

Biodiversity Act (2002)

The United Nations Convention on Biological Diversity (CBD) 1992 affirms the sovereign rights of nations to exploit their own biological resources, and India's efforts to realise its goals led to the creation of the Biological Diversity Act in 2002. The Act seeks to preserve biological resources and related knowledge while also providing access to them in an equitable and sustainable way. It creates the National Biodiversity Authority in Chennai with the intention of carrying out the Act's objectives.

In order to preserve biological variety in India, the Indian Parliament passed the Biodiversity Act, which also establishes a system for the fair distribution of benefits resulting from the utilisation of traditional biological resources and knowledge. The Act was passed in order to fulfill requirements set out by the Convention on Biological Diversity (CBD), to which India is a signatory. The Biodiversity Act was enacted on February 3rd, 2003.

The Environment Protection Act (1986)

It gives the central government the power to safeguard and enhance environmental quality, manage and lessen pollution from all sources, and impose restrictions on the construction and/or operation of any industrial facility for reasons of the environment. The Water (Prevention and Control) Act of 1974, the Air (Prevention and Control) Act of 1981, and the Coastal Regulation of 1991 are umbrella pieces of law that serve as a framework for the cooperation of union and state agencies. The government at the union is permitted to make the decisions necessary to safeguard and enhance the environment's quality. Also, it makes Environmental Impact Assessments (EIA) for some types of development operations necessary.

Air (prevention and control of pollution) act (1981)

The Air Act is a comprehensive piece of law that controls air pollution by designating regions as pollution control zones, placing limitations on industrial facilities, and establishing Pollution Control Boards to monitor pollution levels.

Forest Conservation Act (1980)

The Forest (Conservation) Act, 1980 is a law passed by the Indian Parliament to address concerns related to, incidental to, or connected to the protection of forests. It was passed and put into effect on October 25, 1980, with the intention of preventing further clearing of India's forests.

Water (prevention and control of pollution) act (1974)

The Water (Prevention & Control of Pollution) Act, 1974 is a comprehensive piece of law that creates pollution control boards and controls the organisations in charge of monitoring water pollution. Its goals are to prevent, control, and reduce water pollution, maintain or restore the purity of the water, evaluate the amount of contamination, and penalise polluters.

Wildlife protection act (1972)

The Parliament passed the Wild Life (Protection) Act in 1972 to save various plant and animal species. It covers the entirety of India and offers protection for wild animals, birds, and vegetation. The species listed in Schedules III and IV are likewise protected, as are those included in Schedule I and part II of Schedule II. Cultivation and planting are prohibited by Schedule VI, and the enforcement authorities have the authority to compound offences under the Schedules.

7. Bodies Established to Conserve Biodiversity

The bodies established to conserve biodiversity’s are −

1.National Biodiversity Authority

The National Biodiversity Authority (NBA) was founded in 2003 to carry out the Act's requirements. It is an autonomous statutory organisation under the Ministry of Environment and Forests of the Government of India with its headquarters in Chennai. India's Biological Diversity Act was put into effect by the National Biodiversity Authority (NBA), which was founded in 2003. (2002). The NBA is an autonomous organisation that serves as a facilitator, regulator, and counsellor to the Government of India on issues related to biological resource conservation, sustainable use, and equitable benefit sharing.

2.State Biodiversity Boards

State Biodiversity Boards (SBB) have been established in 28 States across India. The State Governments established the SBBs, which handle all issues pertaining to access by Indians for commercial reasons. It advising the state government on issues connected to biodiversity and how to distribute its advantages fairly. It control the granting of authorizations or other requests for the human use of any biological resource for commercial purposes, as well as for bio-surveillance and bio-utilization.

 

8.Policies related to Environment and Bio Diversity

National Forest Policy.

National Conservation Strategy and Policy statement on Environment and Development.

National Policy and macro-level action strategy on Biodiversity.

National Biodiversity Action Plan (2009).

National Agriculture Policy.

National Water Policy.

National Environment Policy (2006).

9.Conclusion :--

The Biodiversity Act restricts scientific research by restricting the access of genetic material from India to the rest of the globe. Nonetheless, neither the NBA nor biodiversity protection have benefited the country's stakeholders in biodiversity. It is critical to understand that compared to important concerns like food security and subsistence, financial gains generated from sharing biodiversity and traditional knowledge are negligible and meaningless.

The benefit shared by the stakeholders of biodiversity are neither serve as a replacement for creativity, invention, or industrialization, nor can it provide rural areas with a reliable source of additional revenue.

 

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