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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