changeadminThe geographic location of India exhibits extreme variations in altitudinal gradients and climatic conditions which has contributed to high biodiversity and ecosystem diversity in the country.
India is endowed with rich and unique natural treasures of diverse natural ecosystems and associated wild flora and fauna. The country has nearly 8% diversity of the world’s known plant and animal species, including several charismatic and iconic species like tiger, lion, snow leopard, elephant, rhino, wild buffalo, swamp deer, Great Indian Bustard, river dolphin, gharial, dugong, Sarus crane, pheasants, vultures, etc.
Not just on the land, India has been gifted with enormous freshwater resources including basins of prominent Himalayan River Systems (Indus, Ganga, Brahmaputra) and other major rivers (Narmada, Godavari, Mahanadi, Krishna, Cauvery, etc.) besides numerous natural and manmade inland water and coastal and marine wetlands.
India is one of the 17 mega-diverse countries, with four of the world’s 36 biodiversity hotspots viz., the Himalayas, Western Ghats, Indo-Burma area (Northeast India and the Andaman Islands), and Sundaland (Nicobar Islands) are located in the country.
Historically, India’s culture, traditions, and ethos have immensely helped in the conservation of the country’s rich and unique biodiversity including agrobiodiversity across its vast expanse.
In the last few decades like many other countries, India has faced several issues which adversely impact its biodiversities like a burgeoning human population with high density and growth, a largely rural population dependent upon natural resources, widespread land and soil degradation, the gradual disappearance of natural ecosystems, expansion of agriculture with high usage of chemicals, enhanced human-wildlife interactions, the rapid expansion of physical infrastructure and mining, pollution and waste, the intensity of climate change, etc.
To conserve and protect its biodiversity, several legislations concerning forests, wildlife, biodiversity, environment, agriculture, pollution control and various other sectors have been enacted in post-independence India.
Here are the national legislations that protect India’s environment and forests.
National Legislations Indian Forest Act. 1927 (last amended in 2017):
Indian Forest Act establishes criteria and procedures for the preservation and designation of forests for conservation and legal protection. It also governs the management of forest produce including regulations on transit and the corresponding fees and duties. Implementation of the Indian Forest Act occurs through the Director General of Forests at the national level, State forest departments, and their lower field level formations.
The Act previously included bamboo in its definition of trees, necessitating permits for their inter-state movement. The amendment of 2017 removed bamboos from this definition Consequently, felling or transporting bamboos from non-forest areas no longer requires permits.
Wildlife (Protection) Act, 1972 (last amended in 2022)
Wildlife (Protection) Act (WPA) empowers states to designate areas of ecological, faunal, floral, or geomorphological significance as protected areas (PAs) under four legal categories.
Enforcement of the Act is carried out by the central and state governments, with the Chief Wildlife Warden of each state vested with the requisite authority.
Following the amendment, the number of schedules has been reduced to four Schedule I containing animal species receiving the highest level of protection, Schedule II for animal species subject to a lesser degree of protection, Schedule III for protected plant species, and Schedule IV for scheduled specimens under CITES.
Forest (Conservation) Act, 1980 (last amended in 2023):
Forest (Conservation) Act (FCA) regulates the diversion of forest lands for non-forestry purposes and has helped significantly limit such activities across the country. It imposes rigorous scrutiny and mandates the recovery of Net Present Value (NPV) and compensatory afforestation costs equivalent to the diverted area from the user agency, besides necessary provisions for the protection and conservation of wildlife and biodiversity.
Following the amendment, the revised Act will solely apply to lands notified as forests under the Indian Forest Act, 1927, or those officially recorded as forests on or after October 25, 1980. It permits the diversion of forest lands within 100 km of projects for national security and defence purposes. It also permits projects such as zoos, safaris, and other ecotourism facilities within forest lands.
Environment (Protection) Act, 1986 (last amended in 1991):
Environment (Protection) Act (EPA), an umbrella legislation empowers the Government of India to develop rules and policies aimed at safeguarding the environment. It encompasses all aspects related to environmental protection and grants authority to the State to issue notifications accordingly.
The government is mandated to issue notifications designating Eco-Sensitive Zones (ESZs) around Protected Areas and other key environmentally sensitive sites. It also includes provisions for the preparation of Zonal Master Plans outlining prohibited, regulated, and permissible activities within these zones. Under the provisions of the EPA, coastal stretches have been notified as Coastal Regulation Zone (CRZ) and various activities in the CRZ are regulated. Thus, extend support to ecologically sensitive coastal and marine habitats.
The Act was amended for inclusion of new provisions on hazardous substances, air pollution, water pollution, noise pollution, and environmental impact assessment.
Biological Diversity Act, 2002 (last amended in 2023)
The Biological Diversity Act recognizes India’s rich and unique biological diversity and the associated traditional and contemporary knowledge systems. It highlights the country’s commitment to implementing the CBD by providing for the conservation of biological diversity, sustainable use of its components, and fair and equitable sharing of the benefits arising from the use of biological resources. The Biological Diversity Act mandates the establishment of NBA at the national level while SBBS/UTBCS at the state/UT level, the framing of biodiversity rules, the constitution of BMCs for implementation of the Biological Diversity Act at the field level, and the preparation of PBRS. It also promotes in situ and ex-situ conservation, the development of national and state-level strategies and action plans, biodiversity monitoring, public awareness, research, and training.
Following the amendment, an exemption has been granted to AYUSH practitioners and traditional knowledge holders from paying Access and Benefit Sharing, a compensatory amount typically paid to tribal and other communities who traditionally gather, protect, and utilize herbs and medicinal plants crucial to the AYUSH industry. It also removes criminal penalties for violations and replaces them with fines.
The Scheduled Tribes and Other Traditional Forest Dwellers (Reorganisation of Forest Rights) Act, 2006
The FRA 2006 recognizes and vests the forest rights in forest lands in the forest dwelling STs and other traditional forest dwellers who had been living in such forests for generations the Act seeks to balance these rights with the responsibilities for conservation of biodiversity, sustainable use and maintenance of ecological balance.
The National Green Tribunal Act, 2010
The National Green Tribunal Act pertains to the establishment of the National Green Tribunal and its benches across the country for effective and expeditious disposal of legal cases related to environmental protection, conservation of forests and other natural resources. The NGT follows varied principles incorporated in the National Environment Policy (NEP), 2006 for decision making.
Wrapping Up
India’s vision and commitment towards the conservation of biodiversity was abundantly reflected when the country enacted the Wildlife (Protection) Act in 1972 and started establishing protected areas actively on a biogeographic basis.
Notably, the Indian Constitution, as adopted in 1950, did not deal with the subject of the environment, or prevention and control of pollution as such until the 42nd Constitutional Amendment. A constitutional amendment in 1976 incorporated Article 48 A and Article 51 A (g) under Directive Principles of State Policy and Fundamental Duties, respectively to strengthen the environmental laws in India. Article 48A imposes a duty on the State to protect the environment from pollution by adopting various measures while Article 51 A(g) directs that it shall be the duty of every citizen of India to protect and improve the natural environment that includes lakes, rivers, forests, and wildlife.
India has also signed several related Conventions besides other multilateral environmental agreements including the UN 2030 Agenda on Sustainable Development.
Simultaneously, India also made concerted efforts for the conservation of agrobiodiversity. Collectively, these interrelated and concurrent efforts have placed India on a high pedestal in the international arena, especially in the field of conservation of biodiversity.
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