Dr. B. R.

AMBEDKAR NATIONAL LAW UNIVERSITY,

HARYANA

Assignment Topic
Biodiversity: Introduction, Legal Framework (National and
International Framework)

Submitted to – Ms. Mamta Batra

Submitted by – Sahil Bainsla

Roll No. – 1901083

Section – B
 ACKNOWLEDGEMENT

I want to express my gratitude to my teacher Ms. Mamta Batra for their encouragement,
insightful suggestions, and mentorship. I would also like to thank my classmates for their
constructive feedback and encouragement.

Also, I would like to express my appreciation to all those who have supported and contributed
to the completion of this project. Your assistance, guidance, and encouragement have been
invaluable. Thank you for being a part of this project.

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 Table of Contents
ACKNOWLEDGEMENT ....................................................................................................... 2
INTRODUCTION.................................................................................................................... 4
BIODIVERSITY ...................................................................................................................... 4
ENVIRONMENTAL POLICIES, ACTION-PLANS AND ACTS FOR BIODIVERSITY
CONSERVATION ................................................................................................................... 5
1) International Legislation ................................................................................................. 5
2) National Legislation; ....................................................................................................... 9
3) Customary Law/Traditional Law of Environmental and Biodiversity Conservation; ... 16
SIGNIFICANCE OF BIODIVERSITY CONSERVATION ................................................. 16
CONCLUSION ...................................................................................................................... 17

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INTRODUCTION
The rich tapestry of life on Earth, encompassing an array of wildlife from rabbits and foxes to
snakes and coyotes, forms the intricate web of biodiversity. At its core, biodiversity represents
the multitude of species coexisting and thriving in their respective ecosystems. Within this
context, ecology delves into the analysis of natural processes and their surrounding
environments, while ecosystems encapsulate the collaborative existence of biological
organisms within linked habitats.

India stands as a vivid example, experiencing diverse environmental patterns—ranging from

hot and subtropical to alpine climates—yielding broad fluctuations in precipitation. This
diversity contributes to India's status as a 'mega biodiversity country,' boasting a wealth of flora
and fauna, with a significant percentage of species being indigenous or endangered.
Centuries of reliance on forests have embedded them within India's societal fabric, serving as
the bedrock of livelihoods, cultures, and heritage. However, the question of access to natural
resources and societal rights remains contentious, prompting ongoing governmental efforts to
address environmental challenges.
While conventional approaches to forest and biodiversity conservation have faced limitations,
there's a growing recognition of the potential for collaborative preservation. Engaging local
communities as active stewards presents a promising avenue to safeguard the forests that
envelop them.
India's staggering biodiversity manifests in its hosting of a substantial proportion of global
mammal, bird, reptile, amphibian, fish, and flowering plant species, a remarkable one-third of
which are exclusive to the region. Spanning over a fifth of the nation's land area, the forest
cover is classified into distinct categories, notably the Very Dense Forests covering 2.61%.

In essence, India's intricate relationship with biodiversity, its conservation challenges, and
evolving preservation strategies serve as a compelling lens to explore the complex interplay
between ecosystems, societal dynamics, and environmental stewardship.
BIODIVERSITY
‘Biological diversity’ or biodiversity is that part of nature which includes the differences in
genes among the individuals of a species, the variety and richness of all the plant and animal
species at different scales in space, locally, in a region, in the country and the world, and various
types of ecosystems, both terrestrial and aquatic, within a defined area.

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ENVIRONMENTAL POLICIES, ACTION-PLANS AND ACTS FOR BIODIVERSITY
CONSERVATION
Every individual citizen has an essential duty, in compliance with Article 51A of the
Constitution of India, of protecting and enhancing the biodiversity of forests, streams,
rivers, and wildlife. The State shall comply with Article 48A to conserve, enhance and
preserve the country's forests and wildlife. Legislation on the conservation of trees,
biodiversity, and birds is being made by the federal and state authorities alike. India is a
member of the following major international conferences, and all these agreements,
protocols, and treaties affect various conservation steps and strategies.
1) International Legislation
1.1. The International Convention for the Regulation of Whaling, 1946; an
international environmental agreement signed in 1946 "to ensure the accurate
protection of whale populations and the growth of the whaling industry." This
Agreement is an international agreement. This Convention controls commerce,
science, and aboriginal survival whaling activities in 59 member countries. The
Agreement aims to protect all whale species from overhunting, establish an
international framework for managing whale fisheries, ensure that whale
populations are adequately conserved and documented, and preserve significant
natural resources provided by the whale populations for future generations. The
International Whaling Commission, created according to this Convention, is the
critical instrument for achieving these objectives.1
1.2. WWF 1961; The WWF was founded in 1961 and operates in wilderness
conservation and environmental mitigation. The WWF is a non-governmental
organization. The World Wildlife Fund, which continues to be its official name in
Canada and the United States, used to be named. With over five million supporters

1
Jayakody, S. (2020). World Wildlife Fund ( WWF ) Analysis of WWF within the sphere of Global Civil Society.
May. https://doi.org/10.13140/RG.2.2.32714.80326

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 worldwide, the WWF is the world's most prominent conservation organization
working in over 100 countries and supporting some 3,000 environmental and
conservation projects. Since 1995, more than one billion dollars have been spent on
more than 12,000 restoration projects. The Living Earth's study has been issued every
two years, since 1998, by WWF and is based on an E.P. and an Ecological Footprint
estimate. WWF seeks to "avoid destruction of the natural ecosystem of the world
and create a society in which people live in peace with nature." WWF has since
initiated several significant environmental initiatives, including Earth hour and debt-
for-nature exchange, and has coordinated its latest work around these six sectors:
environment, atmosphere, fisheries, biodiversity, forests, and oceans. WWF provides
design and funds for National Park, Wildlife Sanctuary, and other conservational
organizations.2
1.3. Ramsar Convention 1971; Wetlands are either lost or polluted with garbage
worldwide and play a significant role in managing soil ecosystems. For the
protection of globally applicable wetlands, the 1971 'Ramsar Convention' (after
Ramsar City in Iran) to provide for the basis for national action was signed an
intergovernmental treaty with Agreement by its member countries to conserve the
ecological character of their wetlands to prepare the 'reasonable or sustainable
development.' The use of wetlands is described as the "preservation of their
ecological nature, accomplished in the sense of sustainable development through the
implementation of ecosystem approaches. Sub-marines and marshlands, oasis,
estuary zones and flatland marines, coastal marine habitats on the beaches,
mangroves and coral reefs, and more display a diverse ecosystem. Wetlands include
lakes and waterways, marshes, and ponds. Since 1981, India has been a signatory to
this Convention and plays a significant role in wetland protection and use.3
1.4. The Convention Concerning the Protection of the World Cultural and Natural
Heritage, 1972; is a voluntary collaboration between countries to ensure no risk to
their existence from foreign trade in wild animals and plants collections.
International work in biodiversity is valued at billions of dollars per year, including
hundreds of millions of species. The transaction is varied from live cattle and plants
to a wide variety of wildlife goods, including animal items, exotic leather goods,
timber musical instruments, furniture, visitor interest, and pharmaceuticals. The
rates of agriculture and trade in certain animal and plant species and other causes,
such as habitat destruction, contribute to population decline and even the
endangering of other animals. Because trade in wild animals and plants goes beyond
the frontiers of countries, international cooperation to protect those species from
over-exploitation is essential to control it.4
1.5. The Convention on International Trade in Endangered Species of Wild Fauna
and Flora (CITES) 1973; is a legal arrangement between countries that will

2
Chardonnet, P., Des Clers, B., Fischer, J., Gerhold, R., Jori, F., & Lamarque, F. (2002). The value of wildlife. OIE
Revue Scientifique et Technique, 21(1), 15–51. https://doi.org/10.20506/rst.21.1.1323
3
Bagri, A., Vorhies, F., Convention, T. R., & Review, I. (1999). the Ramsar Convention and Impact. March, 1–19.
4
O'Keefe, R. (2004). World Cultural Heritage: Obligations to the International Community as a Whole? The
International and Comparative Law Quarterly, 53(1), 189–209

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 ensure no danger of life from the commercial trade in collections of wild animals
and plants. Foreign trade in biodiversity is forecast at thousands of dollars each year
and contains hundreds of millions of species of plants and animals. Trade is
extensive and includes various items, from vegetables, imported leather goods, wool
musical instruments, timber, tourism attractions, and drugs, from live animals and
plants to wildlife. There are high rates of pollution and trafficking of many animal
and plant species, along with other causes such as the lack of land, which reduces
their populations and brings some of them near extinction. Since wildlife trade
crosses borders between countries. India has been a party to the Convention since
1976 and has been legally bound by the terms of CITES on biodiversity protection
and trade management.5
1.6. UNEP 1976; The Conservation Policy of the United Nations has also been requested
to study one such erosion of the environment that determines how severe and how
pervasive the deterioration has been; the team evaluated all facets of the climate and
health of the residents in the region. They sought to uncover oil-related health issues
among the population of the world in their health review. Their findings indicate that
soil, trees, surface, and floodwaters are truly environmental impaired.6
1.7. The Convention on Migratory Species, 1979 (CMS Bonn Convention) 1983; It
is a Multipartite Environmental Arrangement (MEA) to protect terrestrial, marine,
and avian migration habitats. An intergovernmental partnership under the U.N.
Environment Program (UNEP) framework calls for close collaboration between the
countries that are going on their annual journeys on migratory species protection.
The Convention's Appendices include various marine mammals, fish, and seabirds.
CMS has engaged in many species-specific global and national practices and a wider
variety of environmental concerns, such as non-sustainable fishing. After the
Convention entered into force, 119 parties from Africa, Central, and South America,
Asia, Europe, and Oceania have slowly joined. India belongs to the Convention, and
issues like Bustard, Elephant, Dugong, Argali, and Turtle protection are included in
the Convention where migration occurs between different countries.7
1.8. Man and Biosphere Programme (MAB) 1986; the program provides a scientific
mechanism for improving ties among people and their world, is an inter-
governmental science program. In the early 1970s, the curriculum was initiated. The
MAB program offers a multidisciplinary focus on science and capacity development
to resolve and reduce biodiversity depletion in ecological, social, and economic
aspects. The UNESCO International Status for Nature in its MAB scheme is a
Biosphere Reserve. Biosphere reserves are created "to foster and show a harmony
between human beings and the biosphere," according to the Regulatory Basis of the
World Network of Biosphere Reserves. Article 4 allows "a mosaic of natural
environments" to be part of a biosphere reserve composed of variations of terrestrial,

5
BGCI. (1999). CITES - The Convention on International Tirade in Endangered Species of Wild Fauna and Flora.
Botanic Garden Conservation International (BGCI), 3(2), 34–37. http://www.jstor.com/stable/24753838
6
Ihunwo, O. (2018). Review of UNEP Report on the Environmental Assessment of Ogoniland. February.
https://doi.org/10.13140/RG.2.2.19391.61600
7
Álvarez, I. (2010). Convention on Migratory Convention on Migratory. 1(March), 20.

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 sea, or marine habitats.8
1.9. Intergovernmental Panel on Climate Change (IPCC) 1988; The IPCC was
founded by the International Science Commission; the Greenhouse Gas Advisory
Committee set up in 1985 by the International Scientific Council, the United Nations
Environment Plan (UNEP), and the World Meteorological Organization (WMO). A
small number of scientists cannot handle the highly nuanced existence of
interdisciplinary climate research. The United States Environmental Protection
Agency and the Department of State needed an international conference to negotiate
on greenhouse gas limits. The Conservative Reagan Administration worried about
the unregulated control of independent science and U.N. organizations, including
UNEP and WMO. The U.S. government was the critical force to establish the IPCC
as an autonomous intergovernmental body where scientists participated, both as
scientific experts and government officials, in generating reports which were widely
endorsed by the subject researchers from all world leaders and which then had to
gain approval from any participant It thereby became a fusion of a research entity
and an intergovernmental agency.
1.10. The Convention on Biological Diversity (CBD) 1992; The CBD, informally
known as the Biodiversity Convention, is a multilateral conference. The Convention
has three primary aims: conserving biodiversity (or biodiversity; allowing good use
of its components, and distributing the value of genetic wealth equally and equitably.
This is to add; it aims at establishing national policies to preserve and use biological
diversity on a sustainable basis. It is also considered the most significant text on
sustainable development. The Convention opened for signature on June 5 1992 and
came into force on December 29 1993, at the Earth Summit of Rio de Janeiro. CBD
has the Cartagena Protocol and the Nagoya Protocol, two Additional Arrangements.
It is a legally binding international convention with three primary objectives: (1)
Preserving the sustainable utilization of the elements in biological diversity, (2), and
(3) distributing in an equal and just way the advantages in genetic wealth. World
leaders in Rio de Janeiro settled on a holistic' sustainable growth' plan at the 1992
earth summit to make the future generations have a stable, prosperous planet. A
supplementary agreement to the Convention on biodiversity forms Nagoya's Protocol
on Access to Genetic Resources and Equal and Equitable Allocation of Benefits
from their Use (ABS) to the Convention on Biological Diversity. It offers a precise
legislative mechanism to successfully fulfill one of the CBD's three objectives: equal
and equitable allocation of profits from the use of genetic capital.9
1.11. The Cartagena Protocol on Bio-safety 2000; The Bio-Security Standard is also
known to have been implemented in January 2000. It aims to protect biological
diversity from the possible threats posed by genetically engineered biotechnology

8
Florén, M. (2010). Knowledgeable Others Othered Knowledge in unesco's Man And Biosphere Programme.
Bachelor Thesis in Social Anthropology Stockholm University.
http://www.ucsusa.org/%0Ahttp://www.worldwildlife.org/
9
B.Lkhagvasuren. (2012). The Convention on Biodiversity. National Report on The Convention on Migratory
Species, January 2012.

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 species. The protocol follows on from the 1992 Convention on Biodiversity. To
avoid disruption to its habitats from the introduction of genetically modified crops,
India has ratified this international regulatory mechanism. 43 nations have ratified
the Cartagena Protocol on Bio-safety. If seven more countries vote to endorse it, it
will enter into effect. The purpose of this protocol is to protect a country's biological
diversity from the possible dangers posed by living modified organisms (LMOs). By
ratifying the protocol, it is possible to include protections "that will ensure the secure
transfer, management, and usage of LMOs and that biodiversity is protected against
the potential risks.10
1.12. The Nagoya Protocol 2010; At its tenth meeting on October 29 2010, in Nagoya,
Japan (CBD 2010), the Conference of the Parties to the Convention on Biological
Diversity ratified the Convention. On October 4 2012, the Nagoya Protocol was
approved bythe Government of India. The Nagoya Protocol on Access to Genetically
Information (ABS) provides a clear legal basis for the successful execution of one
of the CBD's three goals and for the equal and equitable distribution of benefit arising
from the use of genetic resources through appropriate access to genetic resources
and consent.11
1.13. Strategic Plan for Biodiversity 2011-2020 and Aichi Biodiversity Targets; It is
intended to mitigate direct biodiversity pressures and encourage sustainable use,
boost the status of biodiversity through the protection of habitat, plants, and genetic
diversity, enhance benefits to all of us through biodiversity and ecological services,
boost application through engagement, information management and capability
creation (CBD 2011). In 2010 the proposal was accepted at the tenth meeting of the
Conference of the Parties to the Convention on Biological Diversity (CBD), a
concerted and sustainable reaction to the continuing depletion of biodiversity by
governments and the United Nations framework.12
2) National Legislation;
India's Policy for conservation and sustainable use of biodiversity (B.D.) emerged
from different measures by the Ministry of Environment and Forests (MoEF). There
are many good policies and laws in force in India for successful biodiversity
conservation. From the perspective of Indian environmental legislative, we can
identify broadly categorize into two parts these parts are also subcategories in four
sections viz., Lithosphere, Atmosphere, Hydrosphere, and Biosphere Environment.
A) Environmental legislation in the British Era
B) Environmental legislation in the Post-British Era
2.1 Environmental legislation in the British Era; The following briefly addressed all

10
Newell, P., & Mackenzie, R. (2000). The 2000 Cartagena protocol on biosafety: Legal and political dimensions.
Global Environmental Change, 10(4), 313–317. https://doi.org/10.1016/S0959- 3780(00)00049-2
11
Broggiato, A. (2014). Protecting genetic resources--the future of the Nagoya Protocol Regulation on
compliance measures for users from the Nagoya Protocol ( the. Lexis®PSL IP & IT, April, 1–4.
12
Leadley, P.W., Krug, C.B., Alkemade, R., Pereira, H.M., Sumaila U.R., Walpole, M., Marques, A., Newbold, T.,
Teh, L.S.L, van Kolck, J., Bellard, C., Januchowski-Hartley, S.R. and Mumby, P. J. (2013). PROGRESS TOWARDS
THE AICHI BIODIVERSITY TARGETS: AN ASSESSMENT OF BIODIVERSITY TRENDS, POLICY SCENARIOS AND KEY
ACTIONS Global Biodiversity Outlook 4 (GBO-4)Technical Report. 4(78), 502.
http://www.cbd.int/doc/publications/cbd-ts-78-en.pdf

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 such action plans, laws, and regulations in the British Era:
2.1.1 The Shore Nuisance (Bombay and Kolaba) Act, 1853; this is the oldest
legislation on the status book on water quality management in India. That was the
first Act to be introduced by the British for British India in environmental
conservation in India. This was enacted to control the waste materials emitted from
various factories working in these areas from the coastal regions of Bombay (now
Mumbai) and Colaba.
2.1.2 Oriental Gas Company Act, 1857; the legislation prohibited the Oriental Gas
Company's fouling of water. The Oriental Gas Corporation charged Rs. 1000, Rs.
500 a day for fouling the water and continuing the abuse. The OGC Act was one of
the first actions on water waste. The OGC Act is a public corporation (Central
Government of India, 1857).
2.1.3 Indian Penal Code, 1860; As for water contamination, the Indian Penal Code
states that any person who intentionally corrupts and fouls the water of any public
spring or river to make it less suitable to its ordinary usage shall, for more than three
months or five-cent rupees or both, be punished with simple or severe imprisonment.
The definition is applied to a voluntary act and actions committed without intent or
that unintentionally do not come under this statute. In comparison, the water of a
natural pool or reservoir has a limited life. Even, it only requires minor punishment
despite the severity of the offense. It is shocking to learn that, while this clause was
enacted to protect the public health of the casting company, it was the lower casting
person who would take water from the public cistern. Still, the above understanding
was not provided by the High Court of Bombay (R V Bhagi 2 Bom LR 1078) and for
public disturbance from Sections 268 to 291 Chapter 14 of the (IPC, 1860).
2.1.4 The Serais Act, 1867; The Act directed the Serai keeper or an Inn to retain,
to the satisfaction of the District Magistrate or his candidates, any water standard
suitable for the use by "persons and use by livestock." In the absence of the
requirement, a liability of twenty rupees was inferred. It must be remembered that
the sum of 20 Rupees was very high at the time and that the value of 20 Rupees that
now prevail in the country cannot, therefore, be contrasted.
2.1.5 The North India Canal and Drainage Act, 1873, classified any offenses. It
was designed to govern canals for irrigation and discharge effluents from different
factories and drainage systems (N. I. C. and D. Act, 1873).
2.1.6 Obstruction in Fairways Act, 1881; Article 8 the Act allowed the Central
Government, in a fairway leading to the port that leads or is likely to trigger a bank
or footstool, to make laws for restricting or preventing the disposal of garbage (O. in
F. Act, 1881).
2.1.7 Indian Easements Act, 1882; According to this Act, Riparian owners were
covered by an upstream officer from unnecessary contamination. Section 7 of the
Act, examples (f), (h), and (j) deal with water contamination. On the one hand,
Section 28(d) of the Act of 1882 on International Relations allowed a legislative right,
but it was not an absolute right. This right to pollute or inflict material harm not
unreasonably to another is restricted in examples (f), (g), and (j) of this section (I. E.
Act, 1882).

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 2.1.8 Fisheries Act 1897; was a significant act accentuated on February 4, 1897,
by the Governor- General of India. The Act was developed as a reciprocal act on
which all state fisheries laws relating to each region are based. The statute gives
some remarkable knowledge in terms of the new fisheries legislation. The logic of
the Act itself removes all forms of uncertainty and renders the fishing masses
marginal (I. F. Act, 1897).
2.1.9 Indian Ports Act, 1908; The Indian Ports Act of 1908 controls water
contamination by oil or chemicals in port waters.
2.1.10 Indian Forest Act 1927 was quite broad and covered all the key clauses and
modifications of the earlier statute, including those affecting the timber obligation.
The Act of 1927 also encompassed land use laws and allows the United Kingdom to
obtain more of its lands. Paragraph 26(i) of the Act shall make it illegal for someone
who poisons water in the forest area to violate the rules defined by the State
Government. In compliance with Section 32(f), the State Government has the
authority to lay down laws for forest poisoning. This Act and subsequent
amendments by the State Governments remain in effect. The Act is intended to
control and protect trees, transit production of trees, and the duties imposed on wood
and other forest goods. This legislation was primarily based on prior Indian Forest
Actions. The Indian Forest Act of 1878 was the first and best known. Both Acts of
1878 and Acts of 1927 intend to regulate and protect the areas protected by the
woods or valuable wildlife to control the transport and transportation of forest goods
and timber and other forest products tariffs. It also determines how the land to be
called a reserved forest, protected forests, or village forests is designated.

2.2 Environmental legislation in the Post-British Era; There are many policies
formulated after British Era, but 1972 is a historical milestone for the conservation of
the environment in India. Previous to 1972, only various federal ministries dealt with
preliminary issues such as public health, sanitation, and waste disposal. The following
briefly addressed all such action plans, laws, and regulations in the Post- British Era:

2.2.1 National Forest Policy 1952 & 1988; India is one of the few countries in the
world that since 1894 has adopted forestry policy. Two times, one in 1952 and one in
1988, it was updated after its independence. The National Forest Polynesia of 1952
suggested that the country protect 1/3 of the entire forest territory (60% in the
mountains and 25% in the plains); it proposed that tree lands on the river/canal banks
are categorized the forests of the country into four categories: (i) forests protected
which are essential for the country's physical and climatic needs, (ii) national forests
to be used to cater for country economic needs, (iii) village forests to meet village and
neighboring towns' fuel and domestic needs, and iv) forest lands. In July-August, the
program involves the yearly Van-Mahotsava organization, tree planting week.
Security, protection, and growth of forests are the key goals of the new forest policy
of 1988. (2) the protection of forests as national heritage with a wide variety of flora
and fauna (3) regulating soil erosion and denuding in the river, lake, and water deposits
(4) the expansion of dunes in Rajasthan's desert and along the coast, lake and reservoir

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 catchment areas and its priorities included.13

2.2.2 Wildlife (Protection) Act 1972; The Parliament adopts it to ensure the
ecological and environmental welfare of the world, for the conservation of plant,
animal, and their ecosystems, including vulnerable plant and fauna and ecologically
important protected areas. The legislation laid out the timetables for endangered plant
and animal species; they were generally forbidden to kill or exploit these animals. It
includes all of India, except for Jammu and Kashmir, responsible for its wildlife. It
has six schedules that cover various degrees. In 2002, the Parliament enacted the
Wildlife (Protection) reform Bill 2002. The Bill seeks to expand fines for
infringements of the Act. The terms and stipulations laid down therein shall refer to
the sale or importation of endangered species and their products.14

2.2.3 Project Tiger 1973; this program, one of the most effective environmental
measures in modern years, was implemented in 1973. The project aims to preserve the
tiger in specially created 'tiger reserves,' covering different bio-geographical areas of
India. It seeks to retain in the natural world a healthy tiger population. The Tiger
population in India, at the turn of the century, was 40,000. A serious concern was
expressed about the threat to several wildlife species and the shrinkage of their habitat
in the country during the IUCN General Assembly meeting in Delhi in 1969. In 1970,
a ban on tiger hunting was imposed, and in 1972 the Wildlife Protection Act came into
force. Subsequently, the all-India tiger census in 1972 revealed the existence of only
1827 tigers. A 'Task Force' was then set up to formulate a project for tiger conservation
with an ecological approach.15

2.2.4 Forest (Conservation) Act 1980; It was enacted for helping the protection of
Indian forests and strictly forbids and controls the diversion of forest land to non-forest
purposes without the prior approval of the Central Government. If recreation is
allowed, compensatory afforestation is demanded to be taken up in non-forest or
degraded lands to the degree of the magnitude to the region being diverted. The Act
was amended in 1988 for the violators to be subject to stricter penal provisions.
Necessary amendments of this Act are as follows; First, No State Government or other
authority may order that, without the prior permission of the Central Government, any
wooded land allotted by or otherwise to someone, company, or entity (not
government-owned). Second, for reforestation without the prior permission of the
central Government, no forest land or portion of it can be separated from any trees that
have grown naturally on that land or part and third, the scope has now been expanded
to include other tea, coffee, nuts, rubber palms, medicinal herbs, etc. for non-forestry
purposes.

13
A.K. Mukerji. (2003). Forest Policy Reforms in India - Evolution of the Joint Forest Management Approach. XII
World Forestry Congress. http://www.fao.org/3/XII/0729-C1.htm
14
MoEF. (1972). THE WILDLIFE (PROTECTION) ACT, 1972 (No. 53 of 1972) (Vol. 1972, Issue 53).
http://nbaindia.org/uploaded/Biodiversityindia/Legal/15. Wildlife (Protection) Act, 1972.pdf
15
Dutta, T. K. (2017). Project Tiger. Panskura Banamali College, November

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2.2.5 Environmental Protection Act 1986; As a result of the United Nations
Conference on the Human Environment held in Stockholm in June 1972, where India
was a participant, the Government enacted legislation, 'The Environment (Protection)
Act, 1986', to protect and improve the environment and other matters connected with
it. As per this Act, the Central Government can take all such measures to protect and
enhance the quality of the environment and prevent environmental pollution.
Furthermore, for all purposes of the Act and including the power to guide the
termination, ban, or control of any business, service, or procedure, the Central
Government can provide orders in writing to any person or officer and authority. No
individual who has a firm, system, or Policy shall release or disclose any
environmental pollutant exceeding the Government's requirements. Additional
individuals handling toxic drugs shall comply with the procedural precautions
recommended by the authorities. For diagnostic purposes, the central Government is
empowered to take all plants, buildings, samples of air, water, soil, or other items

2.2.6 Joint Forest Management Guidelines 1990; According to the terms of the
National Forestry Policy 1988, the Government of India defined and communicated a
mechanism for establishing mass mobilization utilizing the assumption of village
committees for the conservation, restoration, and growth of degraded forest land in
video letter No 6.21/ 89-PP dated June 1, 1990. The country's collaborative Policy for
forest protection is structured within the general scope of the Ministry's Guidance.
Nearly every Member State in its respective countries has adopted agreements to
implement the JFM program. JFM committees under this scheme run the forests.
According to the 2010 report, 112, 896 and the forest area protected by it was $24.6
million in JFM committees in the country following implementation, a JFM Cell was
formed in the ministry of the environment and the forests to efficiently track the effects
of the JFM program on forest conservation and development.16

2.2.7 Project Elephant 1992; in 1992, this initiative seeks to conserve elephants, their
habitats, counter human-animal violence and preserve domesticated elephants. This
program was initiated in 1992. The significant initiatives under the scheme include the
ecological regeneration of protected natural ecosystems and migratory elephant roads;
the creation of a science-based management strategy for elephant ecosystems
conservation and a stable population of wild elephants in India; the implementation of
man- elephant conflict reduction steps in critical areas, and increasing the moderating
effect of human action.17

2.2.8 Protection of Plant Varieties and Farmers' Rights Act 2001; It develops and
encourages the production of the new plants 'varieties as an efficient method for
preserving plant varieties, farmers' rights, and plant breeders. The Act is the most
detailed law regarding the right to keep, use, share and sell seeds from crops. India

16
Sharma, D. K. (1990). Joint Forest Management: A Handbook. JICA-MoEF Project on: Capacity Development
for Forest Management and Training of Personnel.
17
C.K.Sar, D. K. L.-C. (2000). Project Elephant - Human Conflict in Asia- Report on Orissa-India (Issue February).

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 abolished the sui generis rule and the Farmers' and Plant Variety Conservation Act
(2001) as a modern Indian sui generis Statute. India has introduced laws giving rights
both to breeders and farmers as one of the first nations in the world. It is essential that
farmers' interests be recognized and secured concerning their commitment at all times
to the growth, protection, and availability of plant genetic resources, and that the
interests of plant breeders to encourage research and development activities, both in the
private and public sectors, in production of new plant varieties should be secured. One
of the Act's strengths is that it has resulted in protecting the interests of breeders and
farmers and the interests of researchers and the public. It has structures to exchange
advantages that need to be shared to promote conventional information.

2.2.9 National Wildlife Action Plan (2002-2016); has six primary programs: (1)
strengthening the protected areas network and (2) effective native and vulnerable
wildlife restoration and ecosystem protection (4) preserving degraded environments
beyond protected areas (5) managing wildlife trafficking, taxidermy and unauthorized
movement in wildlife and crop species, and (6) surveillance and research.18

2.2.10 National Biological Diversity Act (2002) and Rules (2004); Following the
enactment, in 2003, at the national level, the National Biodiversity Authority (NBA),
headquartered in Chennai, was formed for the control, issuance of guidelines and
advice by the central and state governments of the activities set out in the Biodiversity
Act. Subsequently, according to Section 22 of the Act, several State governments
formed State Biodiversity Boards (SBBs) in support of their advice on conservation
of biodiversity and sustainable use, subject to any guidance published by the Central
Government. They were conserving and making utilization of biodiversity. Any local
body enacting the Act shall create biodiversity management committees (BMCs) in
compliance with Section 41. Biological Diversity Rules were formulated during 2004
for operationalizing the Biological Diversity Act, 2002. The Act covers intellectual
property rights related to traditional knowledge.

2.2.11 National Environmental Policy 2006; This Policy also seeks to promote
collaborations among multiple parties interested in using their respective capital for
environment management, such as public authorities, local governments, academic and
research institutions, the investment sector, and international emerging partners. It
claims that the destruction of the environment contributes to poverty and poor public
health. The main objective of the Policy is to ensure the livelihoods and well-being of
everyone, particularly people who rely on particular resources from which they obtain
a better livelihood than from the depletion of the resources while conserving their
environmental resources.19

2.2.12 Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of

18
Plan, N. W. A. (2002). National Wildlife Action Plan (2002-2016). Ministry of Environment and Forests,
Government of India. https://books.google.co.in/books?id=nXPnGwAACAAJ
19
MoEF. (2006). National Environment Policy 2006. Environment. https://doi.org/10.1016/j.reuma.2013.04.001

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 Forest Rights) Act 2006; the Act acknowledges and establishes a basis for protecting
proposed forest tribes and other traditional foresters in the forested areas occupied by
them. The bond between tribal and forests has always been relational of nature and
provides the customary rights over forest goods. Tribal peoples were compelled to
remove them from their lands without sufficient compensation in factories, mines,
roads, and railways, and have been viewed as an invasion of their ancestors' property.
To redress past injustices to aboriginal peoples, Parliament introduced a List of
Aboriginal Groups and Traditional Forest Inhabitants Legislation (Recognition for
Land Rights) 2006.

2.2.13 National Biodiversity Action Plan 2008 (NBAP); Under Article 6 of the CBD,
within five years of the CBD's ratification, India shall prepare the National
Biodiversity Action Plan (NBAP). In complete form, however, the NBAP was
established in 2008 through analysis and modification of the National Biodiversity
Policy and Macro-Level Action Plan, which was drafted in 1999 and used the NBSAP
Final Technical Report. The NBAP is primarily responsible in the NEP for ensuring
that people are at the forefront of sustainable development issues and have the right to
a safe and prosperous life in harmony with nature. NBAP has been seeking to balance
the country's geological, financial, cultural, and economic landscape and give the new
biodiversity conservation activities an emphasis and momentum.20

2.2.14 National Agroforestry Policy 2014; Agroforestry is a land-use system that

includes both conventional and contemporary land-use systems in which trees are
maintained along with agricultural and/or animal systems and sandstones co-
cultivated on farmland rural landscapes to maximize productivity; sustainability,
diversity; and habitats sustainable. The primary objectives of this Policy are; First,
create a National Agroforestry Mission or Agro-forest Board to follow the N.P. by
cooperation, collaboration, and alignment across various agroforestry sectors spread
through different established government agencies, projects, initiatives, schemes, and
agents in agriculture, climate, forestry, and rural growth. They are second, enhancing
productivity, jobs, revenues, and livelihoods; opportunities for rural households
through agroforestry, especially for small farmers. Third, the growing demand for
wood, fruit, combustible fossil fuels, fertilizer, fiber, and other agroforestry goods
must be met; natural resources and forested conservations must be maintained; the
ecosystem must be preserved and environmentally stable, and the protection of trees
and tree areas must be increased.

2.2.15 Environment Impact Assessment Draft 2020; The EIA is a framework for
evaluating and measuring the environmental and social costs of construction,
construction and transport developments before issuing regulatory approvals. Creating
legal, ecological protections for a project under a set of conditions is a crucial step.

20
MoEF. (2014). National Biodiversity Action Plan (NBAP). Ministry of Environment, Forests & Climate Change
Government of India, 1–12

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 These requirements are meant to mitigate the negative consequences of these
initiatives on the environment, public health, and social welfare of the populations.
The proposed Notice provides a wide variety of exemptions to the industry from
evaluation or public consultation by the Expert Committee. It eliminates approval
cycles that have an unfavorable effect on the rigor and strategy of the industry. The
frequency of enforcement reporting has also been decreased with post-clearance
implementation, suggesting that the rules were simplified to represent the concern of
the project sponsor.

3) Customary Law/Traditional Law of Environmental and Biodiversity

Conservation;
The determination of a kid to walk one foot over another is a custom. Still, nobody
thinks of a habit like that an A code of law is recognized as governing and imposed
by a specific state or society by the application of penalties for the acts of its
members. Customary law is a popular normative pattern that reflects the common
understanding of valid, compulsory rights and obligations. These underlying social
norms may become the acknowledged law of the land. We must define the point at
which a tradition is subject to customary law, a dilemma that has been a cause of
some dispute for definitional purposes. For a practice to get the status of the statute,
a shared understanding of a legitimate legal duty has to be bear. Customary law has
been dismissed as an ancient body of doctrine, but customary law lives. The role
customary law plays in the biodiversity conservation of natural resources. Customary
law means, "The life of the law has not been logic: it has been experienced." The
traditional law process must meet five criteria viz., (1) it must have documented
history between active adaptations. (2) It must provide the mode of effective
modification; (3) it must provide input procedures; (4) it must introduce readily
modified fine- grained regulations; and (5). It must establish a balance between rights
and obligations. When customs grow more complicated, the perception before
arbitrators or judges is likely to be questioned. Their judgment can become
precedent, particularly in standard law systems, but it has also been used step-by-
step adjudication in civil law systems. Some commentators claim that customary law
is futile in much of the world. They say it needs evidence that tradition persists from
"time without notice." customary law and conservation of biodiversity are not just
philosophical principles. Customary legislation and the conservation of biodiversity
occur in the real world. These laws are not "strong facts" nor socio-material (human)
objects, nor structural facts. Customs law is a legal weapon, whereas protection of
nature is a state norm becoming increasingly legal. Customary law is introduced and
established through human contact as its structures respond to changing living
circumstances.

SIGNIFICANCE OF BIODIVERSITY CONSERVATION

The people have begun to understand the value of Biodiversity following UNCBD's
formulation at the Rio UNCED. In June 1992, the goal of De Janeiro was to preserve

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biodiversity, encourage the sustainable use of its components, and provide essential
knowledge regarding their distribution and productivity; the signatory countries shall
carry out an inventory of their biodiversity. India was one of the CBD's first signatories.
Natural habitats are ecological storehouses that are controlled by a variety of species.
Given the relevance of genomics to human conservation, the conservation of habitats has
similar significance for the environment since each ecosystem requires a specific
environment level beyond which an ecosystem cannot function normally. Ecosystem
systems that are the life support mechanism for humanity are dependent on biodiversity.
Many essential products and services are obtained from human cultures, such as food,
livestock, wood, timber, pharmaceuticals, and electricity.

CONCLUSION
The escalating demand for natural resources like land, soil, and water poses significant
challenges to conservation efforts. Protecting forests and the ecosystem is crucial amid daily
demands for essentials like clean water and various services. Despite detailed strategies, illegal
activities persist, but they don't render our plans ineffective. Our constitution mandates
protecting land, air, water, and wildlife, with the state responsible for safeguarding territorial
regions through conservation programs.
India's Wildlife Protected Areas Act designates over 540 protected areas, yet the vital role of
local and tribal communities in conservation and development has been overlooked.
Recognizing human societies' role in biodiversity conservation is crucial. Initiatives like the
Indian Eco-development Committees aimed to enhance conservation but often disregarded the
interests of Adivasi and indigenous communities within protected areas.

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