Biodiversity and Law

Earth, the only known planet in the solar system capable of life, is truly a mesmerizing place. Home to billions of living organisms, there’s no other place like Earth to call home! It is this biodiversity and the delicate balance between all the living and non-living things that make it possible to sustain life, as we know it, on the Blue Planet.

However, despite being the supreme most species on the planet, the actions of human beings have ended up leading to the rapid destruction and decline of biodiversity. Rampant and uncontrolled use of natural resources, encroachment of ecosystems, deforestation, etc., are only some of the many thoughtless and irresponsible actions that have led us to this era of the 6^th mass extinction of species.

Source: http://www.heartofborneo.org/latest-news/the-sixth-mass-extinction-is-real-and-caused-by-us-new-research/

In the face of the industrial revolution, countries worldwide shifted their focus from sustainable to explosive. As a result of this race for more development and increased GDP, humans took too much, too fast, and disturbed the delicate balance of nature. No wonder, the world today is facing various threats like mass extinctions, climate change, pollution, novel diseases, and much more.

What started as a means to make life better for humans has now become the Frankenstein in our lives, coming after its creator, the humans. After all, given the current rate of change, can we really take our time on Earth for granted? If you ask experts around the world, the resounding answer is No!

But, like there’s a silver lining in even the darkest clouds, this common sense of urgency and fear has made an impact on people’s perception of development. Thanks to the global communities of environmental workers and policymakers, biodiversity protection has become an active agenda. Along with public awareness and legislative procedures, we are gradually trying to undo our past actions.

At the Tribhuvan College, a Nalanda University Centre in Neemrana, we offer industry-relevant courses on environmental law and policy. Our aim is to enable our youth to grow aware of their role in conserving the environment and diversity and how they can go about it. Keeping in mind the growing need for professionals who specialize in the area, we work relentlessly to equip our students with the necessary know-how and insights so that they can carve a strong career in the same.

In this blog today, we will discuss the need for legislative provisions to protect biodiversity and understand where India stands in the global picture. Read on.

Why is Biodiversity Protection So Crucial Today?

If you believe in Charles Darwin’s Theory of Evolution and the Survival of the Fittest, you may argue that isn’t it normal for an organism to go extinct if it cannot survive the evolutionary forces? While that is completely true, it is not fair to compare normal evolutionary forces to the power and ability of man-made actions that cause species extinction.

In the natural course of events, a species that faces extinction gets enough opportunity to survive by changing its genetic makeup. However, when we bring human activities like deforestation, habitat loss, hunting, etc., into the mix, we disturb this delicate balance between birth and death. The loss of biodiversity we see today is incomparable to anything that has ever happened. The need to consciously protect the biodiversity around us roots from this problem itself! And to make matters more complex, biodiversity distribution today is not only irregular but is also limited to a few hotspots!

Biodiversity in India: A Snapshot of Where We Stand

The Indian subcontinent is one of the richest places on Earth in terms of its biodiversity. Present-day India is home to over 45,968 species of flora and 91,364 species of fauna, and this number is only growing. Considering we account for only 2.4% of land and 4% of water, this is an impressive figure. Thus, it is really no exaggeration to call India a Megadiverse nation!

To put things in a better perspective, here’s a statistical figure that’ll leave you amazed – Of all the documented plant and animal species on the planet, India is home to 8% of the total!

Source: https://www.worldatlas.com/articles/ecologically-megadiverse-countries-of-the-world.html

5 Important Facts About India’s Rich Biodiversity Landscape

• There are 17 megadiversity countries in the world, and India is one of them.
• India is home to a whopping 8% of the world’s total flora and fauna.
• Out of the 36 biodiversity hotspots in the world, India has 4 of them.
• In terms of the origin of crop plants, India is one of the 8 Vavilovian Centers.
• Although India occupies just 2.4% of the land and 4% of the water surface on Earth, it has 10 distinct biogeographical zones, including – The Trans Himalayas, The Andaman and Nicobar Islands, The Western Ghats, The Eastern Ghats, the desert, the semi-arid regions, The Gangetic Plain, the Northeastern Himalayas, the Deccan plateau, and the coastal regions.

What are the Main Objectives of Biodiversity Conservation?

Biodiversity conservation is an umbrella term used to refer to protecting, preserving, and managing all species and their habitats. Conserving biodiversity is directly linked to the proper functioning of the delicate balance of nature and the interlinked ecosystems. Since there are several ways in which human actions disturb this balance (habitat loss, poaching, climate change, pollution, deforestation), the approach to conservation is also multi-faceted. And enlisted here are the main objectives of biodiversity conservation.

• To safeguard and maintain ecosystems by using resources sustainably and responsibly.
• To reverse the damage caused by human actions to other species.
• To protect plant and animal species against extinction.
• To protect endangered species by consciously striving to increase their numbers in the wild.
• To protect the interest of aboriginal people who are the caretakers of traditional knowledge of forests and animals.

While public awareness and change in people’s mindsets are important tools to bring about these changes, they alone can’t achieve the vision. Legislative acts like the Biological Diversity Act of 2002 and others are extremely important in ensuring that everyone does everything right and in the best interest of national biodiversity.

At Tribhuvan College, we understand what role can skilled professionals who specialize in environmental law and policy can play in shaping India’s path to conserving its rich diversity. Our courses are designed to help aspiring professionals’ skill-up in the area and become job-ready.

Now that we have covered the importance of biodiversity conservation, let’s move on to some of the prominent national and international laws and conventions that focus on conserving biodiversity.

Notable International Acts and Conventions That have Shaped the Future for Biodiversity Protection

Starting in 1972, there have been several international conventions and acts that India has been a part of. These conventions that involve all major international players are a great platform to raise local concerns and seek global help in gathering worldwide support in the matter of biodiversity conservation. Here are some of the most notable ones in this regard.

• Bonn Convention on Migratory Species
• Convention on Biological Diversity (CBD)
• Convention on International Trade on Endangered Species
• FAO International Treaty on Plant Genetic Resources for food and agriculture
• Ramsar Convention on Wetlands
• UN Framework Convention on Climate Change
• UN Convention to Combating Desertification
• UN Commission on Sustainable Development
• UN Law of the Seas

Notable Legislations on Biodiversity Protection and Conservation in India

India has been on the frontline of all global efforts in protecting the environment and species. There is a detailed legal framework that governs India’s national movement for wildlife and biodiversity protection. These are in accordance with international laws and cater to India’s unique set of socio-economic and biogeographic conditions. Some of the most noteworthy of these acts include:

• Wildlife (Protection) Act, 1972
• Indian Forest Act, 1927 and Forest (Conservation) Act, 1980
• Protection of Plant Varieties and Farmers Right Act, 2001
• The Scheduled Tribes and other Traditional Forest Dwellers Act, 2006
• The Geographical Indications of Goods Act, 1999
• Biological Diversity Act (BDA), 2002
• The National Green Tribunal Act, 2010

These acts cover different aspects and objectives of biodiversity conservation and create a provision of sustainable growth and development.

Biological Diversity Act (BDA) of 2002: The Legal Aid for Conserving Biodiversity in India

Of all the different legal provisions and acts, the BD Act of 2002 is of high interest to policymakers and environmentalists. If you are interested in working in this segment, it is very important to ramp up your knowledge of the rights and responsibilities defined by this Act. We will delve deeper into the Act and everything it means in the present context in the following sections.

What is the Biological Diversity Act of India – A Synopsis

This Act was the direct result of India signing the CBD in 1992. As part of the rights and responsibilities, the Act ensures local authority and control over the unitization and protection of natural resources and biodiversity. It recognizes and safeguards traditional knowledge by native forest dwellers, checks the creation of developmental projects that harm the ecological balance of a place (construction of dams, forest clearing urbanization, etc.), and protects biodiversity hotspots around the country.

Another key aspect of the BDA is the sustainable use of resources and equitable distribution of profits earned by using these resources with local communities. For example, we know that native tribes who live along forests rely on the forest resources like timber, leaves, fruits, honey, traditional medicine, etc., for their survival. But, when they utilize the resources, it doesn’t cause an imbalance in the resource pool. In fact, indigenous people often have age-old knowledge (passed from one generation to another) that helps protect species and co-exist peacefully.

Now imagine if there were no BDA to safeguard the interest of the indigenous forest people! Big conglomerates would sweep in and hoard all of these resources, leaving nothing for the local communities. BDA ensures this doesn’t happen, at least not without severe legal consequences.

What are the Biggest Takeaways from this Act?

For the smooth execution of the Act, there is a three-tier system for management comprising of the following governing bodies, who act together at the State and Central levels.

• The National Biodiversity Authority (NBA) at the Centre
• The State Biodiversity Boards (SBBs) at the State level
• The Biodiversity Management Committees (BMCs) that operate at the grassroots level

Provisions under the BD Act

1. Under this Act, one cannot do the following things without explicit permission from the NBA.

• No individual or organization (from India or outside) can procure biological resources from India for commercial use.
• You cannot transfer the knowledge or results from any research that involves such biological resources outside India.
• You cannot claim any intellectual property rights based on such research.

2. Research organizations in India get special funding if their research involves the use of India’s natural resources.
3. The Act also oversees that the use of biological or natural resources is done sustainably.
4. Together with the NBA, the central Government can declare a species as threatened or endangered and regulate or prohibit collection, conservation, and rehabilitation.
5. Anyone who is found violating the above is recognized as a non-bailable offender and serves strict penal consequences.
6. The Act also has provision for grievance redressal via the National Green Tribunal (NGT).

Source: https://www.downtoearth.org.in/coverage/tribunal-on-trial-47400

What are the Exempted Activities?

The BDA covers an extensive list of activities that are prohibited, but it also enlists some exceptions. Some of these include:

1. Common resources that we use as commodities like farm crops, cattle, milk, honey, etc. The only criterion is that these exemptions are valid only when used as commodities and for no other reasons.
2. The Act exempts the use of biological resources and related knowledge when used for collaborative research activities between Indian and foreign centers of scientific research, but with prior approval.
3. The Act also exempts the use of such resources and knowledge by traditional medicine practitioners, farmers, cattle, and beekeepers, etc.

Summing Up

Thanks to global awareness programs and policy changes, there is a shift in people’s outlook towards economic progress. As more and more nations and citizens join hands to protect the planet’s biodiversity, there is a growing need for skilled professionals who can work in the sphere to ensure smooth execution and implementation of environmental law and policy.

At Tribhuvan College, our vision is to provide the nation with such skilled individuals who are not just committed to environmental protection and management but also have strong know-how to work in that direction. We firmly believe that the only way to look forward to a better and greener tomorrow is to empower our youth with the knowledge, skills, and experience to deal with environmental challenges. And to that end, providing them with a world-class education that encompasses the legal nuances around biodiversity and environment protection is the best way forward.