Documentos de Académico
Documentos de Profesional
Documentos de Cultura
INDIA
BC0150014
Mr. BALASHANMUGAM
Assistant Professor
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DECLARATION BY STUDENT
I certify that
a. The work contained in the project report is original and has been done by myself
under the general supervision of my faculty.
b. I have followed the guidelines provided by the faculty in writing the project report.
c. Whenever I have used materials (data, theoretical analysis, and text) from other
sources, I have given due credit to them by citing them in the text of the project report
and giving their details in the references.
d. Whenever I have quoted written materials from other sources, I have put them under
quotation marks and given due credit to the sources by citing them and giving
required details in the references.
A.MANORANJAN
BC0150014
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RESEARCH METHODOLOGY
Objectives:-
Research questions:-
The relevant theoretical information and data have been gathered from books, journals and
the internet. (primary as well as secondary data).The assimilated information and data have
been analyzed on the basis of which conclusions have been drawn.
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INTRODUCTION
Biological diversity, or biodiversity, encompasses the variety of all life on earth. Biodiversity
manifests itself at three levels: species diversity which refers to the numbers and kinds of
living organisms; genetic diversity which refers to genetic variation within species; and
ecosystem diversity which denotes the variety of habitats, biological communities and
ecological processes. It encompasses the whole range of mammals, birds, reptiles,
amphibians, fish, insects and other invertebrates, plants, fungi and micro-organisms such as
protists, bacteria and viruses.
Definition
“biological diversity” means the variability among living organisms from all sources and the
ecological complexes of which they are part and includes diversity within species or between
species and of eco-systems1
The first most used definition of Bio-diversity sponsored by the UN. According to this
definition Biodiversity refers to “The variability among living, inter alia, territorial, marine
and other aquatic systems and the ecological complexes of which they are part; this includes
diversity within species, between species and of eco-system”.2
A wide variety in physical features and climatic situations has resulted in a diversity of
habitats and ecosystems such as forests, grasslands, mountains, wetlands, coastal and marine
(mangroves and coral reefs) and deserts. India is also one of the eight primary centres of
origin of cultivated plants and is an acknowledged centre of crop diversity, including about
375 closely related wild species mainly of rice, and several important pulses, millets,
1
Section 2(b) of Biological Diversity Act, 2002
2
Article 2 of Convention on Biological Diversity (CBD) (UNEP 1992).
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vegetables, fruits and fibre plants . In addition, nearly 140 breeds of domesticated animals
(such as cattle, sheep, goat, camel, horse and poultry) are also found here.
a) Faunal diversity
With 91,797 recorded species, India accounts for 7.4 percent of the world’s faunal species
(ZSI, 2011). A significant proportion of species under many taxa is found in India. This
includes as many as half of Merostomata, a third of Echiura and over a quarter of Phoronida
and Chaetognatha species. Among vertebrates, India accounts for 13.66 percent of bird,
12.12 percent fish, 8.58 percent mammal, 7.91 percent reptile and 5.60 percent amphibian
species in the world3 In terms of the world’s species-richness, India is fifth in reptiles,
seventh in mammals and ninth in birds 4
b) Floral diversity
India’s contribution to global floral diversity is even higher than its contribution to faunal
diversity. With over 45,500 recorded species, it accounts for nearly 11 percent of the
world’s floral species and ranks 10th in the world. The largest taxonomic group is
Angiosperms with 17,527 species, followed by Fungi and Algae that have 14,500 species
and 7,175 species respectively. In percentage terms, it accounts for over a fifth of the world’s
Fungi and around a sixth of the world’s Algae, Bryophyte and Lichen species.5
India contains 172 species of animal considered globally threatened by IUCN, or 2.9% of the
world's total number of threatened species6. These include 53 species of mammal, 69 birds,
23 reptiles and 3 amphibians. A workshop held in 1982 indicated that as many as 3,000-4,000
higher plants may be under a degree of threat in India. Since then, the Project on Study,
Survey and Conservation of Endangered species of Flora (POSSCEP) has partially
documented these plants, and published its findings in Red Data Books.
3
Zoological Survey of India, 2011. Faunal Resources of India , http://www.zsi.gov.in.
4
Report of Ministry of Environment &Forests, 2009
5
Botanical Survey of India (1983). Flora and Vegetation of India - An Outline. Botanical
Survey of India, Howrah. 24 pp
6
Groombridge, B. (ed). 1993. The 1994 IUCN Red List of Threatened Animals. IUCN,
Gland, Switzerland and Cambridge, UK. lvi + 286 pp.
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CHAPTER I
CHALLENGES
Threat to biodiversity stems mainly from: habitat fragmentation, degradation and loss;
shrinking genetic diversity; invasive alien species; declining forest resource base; climate
change and desertification; over exploitation of resources; impact of development projects;
and impact of pollution.
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Conserving the flagship large animal species (such as the lion, tiger, rhino and elephant) has
also attracted the concern that these projects should aim at broadening the genetic base (gene
pool) in breeding populations besides focusing on habitat protection. The decisive factor in
saving critically endangered species is maintaining the minimum size and genetic base of
inter-mating individuals rather than their total number which may include the non-breeding
individuals also. An assessment of plant genetic resources for food and agriculture illustrates
this point. These resources contribute to people’s livelihoods while providing food, medicine,
feed for domestic animals, fibre, clothing, shelter, energy and a multiple of other products
and services. India is remarkably rich in agriculturally important genetic resources. However,
both the number of crops grown on commercial scale and the number of their varieties grown
under different agro-ecosystems, have severely declined in recent decades reducing thereby
the agricultural biodiversity maintained in diverse farming systems. About 150 crops feed
most of the human population at present, but just 12 of them provide 80% of food energy
(with wheat, rice, maize and potato alone providing 60%). Also, about 30 mammalian and
bird species are used extensively, but just 15 of them account for over 90 per cent of global
livestock production. The Indian scenario is not very different. Choice of crops and farm
livestock in agricultural production systems is now getting largely influenced by market
trends and changing lifestyles, affecting the variety, taste and nutrition value of our food
basket. Landraces, developed and grown traditionally by farming communities through
generations, locally adapted obsolete cultivars and their wild relatives comprise crop genetic
resources. These provide the building blocks used by farmers and scientists as the raw
material for breeding new plant varieties and also act as a reservoir of genes sought after for
manipulation using new tools of biotechnology. Indigenous cultivars, adapted to local
situations are, however, mostly low yielding (largely because of not receiving due breeding
effort) and are, hence, getting fast replaced by just a few high-yielding and pest-resistant
superior varieties/hybrids under each crop. Alarm bells are ringing because narrow genetic
base means more vulnerability to widespread epidemics. A large number of over 300,000
samples of these cultivars, kept under long term storage in the National Gene Bank, have
gone out of cultivation. Many among the well known nearly 140 native breeds of farm
livestock and poultry are also facing similar threat to their survival. This is happening even
when local breeds are genetically better adapted to their environment and are more cost
effective being productive even whilst consuming lower quality feedstuffs. The local breeds
are also more resilient to climatic stress, are more resistant to local parasites and diseases, and
serve as a unique reservoir of genes for improving health and performance of ‘industrial’
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breeds. Conservation and greater use of local breeds will be most effective in achieving food
and nutrition security objectives at the local level. Wild species, related closely to their
cultivated forms, are valued by plant breeders for obtaining genes for resistance to virulent
diseases and tolerance to stresses like drought, salinity and temperature. Continuing
evolutionary development of these valuable species depends on adequate genetic diversity in
their natural populations. Increasing fragmentation, degradation and loss of their habitats over
the years have seriously limited their availability and threatened their survival.
In addition to climate change, India also faces the threat of desertification. Around 69
percent of India’s geographical area could be classified as dry land (arid, semi-arid and dry
sub-humid). Remote sensing data indicate that around 32 percent of the country’s
geographical area (c. 105 million hectares) is undergoing the process of land degradation.
The three main processes contributing to desertification are water erosion, vegetal
degradation and wind erosion.9
7
Sukumar R., H.S. Suresh and R. Ramesh (1995). Climate change and its impact on tropical
montane ecosystems in southern India. Journal of Biogeography, vol. 22, pp. 533-536.
Space Applications Centre (2007). Desertification & Land Degradation Atlas of India.
9
Challenges
In addition to the above-mentioned threats, India faces several challenges in biodiversity
governance. Two key challenges are related to the knowledge base for biodiversity
conservation and the linkage and expansion of protected areas.
Due to land scarcity and population pressure, planners in India have often chosen in favour of
a large number of relatively small protected areas. These are not always large enough to
10
Ministry of Environment and Forests (2009a). State of Environment Report India, 2009.
New Delhi.
11
Ministry of Environment and Forests (n.d.). The Gharial: Our River Guardian. New Delhi.
12
Ministry of Environment and Forests and Zoological Survey of India (2011). Critically
Endangered Animal Species of India. New Delhi
13
Ministry of Environment and Forests (2009). India’s Fourth National Report to the
Convention on Biological Diversity. New Delhi.
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support viable populations of threatened fauna, and fragments of forest are vulnerable to fire
and edge-effects. Creating corridors to expand and connect protected areas is crucial for long-
term conservation success, to facilitate gene flow and also to respond to potential range shifts
due to climate change. However, areas between protected areas are currently undergoing
rapid changes in land use, which result in loss or degradation of natural habitat. It is also
increasingly difficult to expand the protected area network (especially National Parks and
Wildlife Sanctuaries) on account of a perceived conflict between protected areas and local
people’s dependence on them for livelihoods. The need for expansion of the protected area
network can be illustrated through an example. Out of 463 Important Bird Areas (IBAs)
identified in the country, as many as 199 (43 percent) are not officially protected.14
CHAPTER II
India
Realizing the importance of conservation and sustainable use of biodiversity as well as fair
and equitable sharing of benefits arising out of it, India has developed a relatively robust
legislative and policy framework for biodiversity governance. Although some measures date
back several decades,15concerted action on this front started from the 1970s onwards. This
section provides an overview of the biodiversity governance systems in the country. The idea
of protection of the environment, including biodiversity, is enshrined in the Constitution of
India. It enjoins both the State and the citizens to take appropriate steps in this direction.
Article 48-A of the Constitution of India states that `[t]he State shall endeavour to protect and
14
National Forest Commission (2006). Report of the National Forest Commission. New
Delhi: Ministry of Environment and Forests.
15
For example, the Indian Board for Wildlife was constituted as early as 1952 to advise the
government on wildlife conservation measures (NFC, 2006)
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improve the environment and to safeguard the forests and wildlife of the country’, and Article
51-A (g) states that `[i]t shall be the duty of every citizen of India to protect and improve the
natural environment including forests, lakes, rivers and wildlife and to have compassion for
living creatures’.
Legislative measures
Numerous legislations (acts, rules, circulars and orders) relating to environmental protection
as well as specific laws relating to forests, wildlife and biodiversity have been passed taking
into account governmental and civil society concerns.
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to secure sharing of benefits with local people as conservers of biological resources
and holders of knowledge and information relating to the use of biological resources;
conservation and development of areas of importance from the standpoint of
biological diversity by declaring them as biological diversity heritage sites;
Protection and rehabilitation of threatened species and to involve institutions of state
governments in the broad scheme of the implementation of the Biological Diversity
Act through constitution of committees.
6) Biological Diversity Rules, 2004
Deals with operationalizing the Biological Diversity Act.
7) The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest
Rights) Act, 2006
Recognizes and vests the traditional rights to forest dwelling communities over access
to forest goods and occupation in forest lands.
1. In-situ Conservation
Conserving the animals and plants in their natural habitats is known as in situ conservation.
The established natural habitats are:
2. Ex-situ Conservation
Ex-situ conservation of plants and animals preserve/ or protect them away from their natural
habitat. This could be in zoological parks and botanical gardens or through the forestry
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institutions and agricultural research centres. A lot of effort is under way to collect and
preserve the genetic material of crops, animal, bird and fish species. This work is being done
by institutions such as the National Bureau of Plant Genetic Resources, New Delhi, the
National Bureau of Animal Genetic Resources, etc. Reintroduction of an animal or plant into
the habitat from where it has become extinct is another form of ex situ conservation. For
example, the Gangetic gharial has been reintroduced in the rivers of Uttar Pradesh, Madhya
Pradesh and Rajasthan where it had become extinct. Seed banks, botanical, horticultural and
recreational gardens are important centres for ex situ conservation. Ex-situ conservation
measures complement in-situ conservation.
The lives of local communities are closely interwoven with their environment, and are
dependent upon their immediate resources for meeting their needs. These communities have a
vast knowledge about local flora and fauna which is very important for biodiversity
conservation. Much of this knowledge is orally passed on from generation to generation.
Such indigenous knowledge needs to be recorded and preserved before it is lost. Several
organizations have recognized this and are working to record the knowledge and preserve it
for posterity.
It is being recognized that no legal provisions can be effective unless local communities are
involved in planning, management and monitoring conservation programmes. There are
several initiatives to do this, both by government as well as non-governmental organizations.
For example, the Joint Forest Management philosophy stresses involvement of village
communities in regenerating and protecting degraded forest land in the vicinity of villages.
Successful conservation strategies will have to have the confidence and participation of the
local communities.
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CHAPTER III
ROLE OF JUDICIARY
The shortcomings of the executive in coping with the pressures on the environment brought
about by change in the country's economic policies had thrust the responsibility of
environmental protection upon the judiciary. This has meant that in India, the Judiciary in
some instances had had to not only exercise its role as an interpreter of the law but has also
had to take upon itself the role of constant monitoring and implementation necessitated
through a series of public interest litigations that have been initiated in various courts.
The Judiciary has contributed to conservation of biological diversity in India by widening the
scope of locus standi and entertaining Public interest litigation in India, enunciating a web of
doctrines and interpreting Constitutional law from environmental perspectives.
In 1996, Supreme Court issued sweeping directions to oversee the enforcement of Forest
Laws across the nation. In T.N. Godavarman Tirumalpad vs Union of India16, Supreme
Court issued sweeping directives to enforce the Forest Conservation Act, 1980.34 The Court
ordered to close wood based industries and on exploitation of forest and forest product. The
Court also created Central and State committees to enforce the directions it issued in this
case. The court recognized that FCA was enacted with a view to check ecological imbalance
caused by rapid deforestation. It was clearly stated by the Court that the provisions of the act
must apply to all the forests irrespective of the ownership or classification thereof.
Forest Conservation Law has also been significantly been impacted through another case,
Centre for Environmental Law (WWF) – India v. Union of India17 concerning national parks
and sanctuaries. While hearing this case, the Supreme Court through one of its interim orders
on 13-11-2000 has restrained all State Governments from de-reserving national parks,
sanctuaries and forests.
The Court had also confronted with the issues of mining activities in the forest areas. The
court had clearly laid down prohibition of mining activities in the forest areas. 18 The Supreme
16
AIR 1996 SC 1228
17
(1998) 6 SCC 483
18
Rural Litigation and Environment Kendra v.State of Uttar Pradesh AIR 1988 SC 2187,
Tarun Bharat Sangh Alwar v. Union of India AIR1992 SC 514.
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Court made it categorically clear that renewal of mining licence after FCA came into force
can be made only on getting prior permission from the Central Government.19 The Supreme
Court observed20 “the primary duty was to the community and that duty took precedence , in
our opinion, in these cases. The obligation to the society must predominate over the
obligation to the individuals.”
The Court had firmly disallowed the non-forest activities and granting of lease for non-forest
activities in forests. Renewal of stone crushing lease without prior permission of the from the
Central Government21 was considered a serious breach of duty in the case Dhirendra
agrawal v. State of Bihar.22The use of forest land for non-forest purpose was clearly denied
by the court in the case of State of Bihar v. Banshi Ram Modi.23Similarly excavations of
iron ore24 and tourism25 in forest were highly criticised by the Supreme Court.
19
Ambika Quarry Works v The State of Gujarat , AIR 1987 SC 1073
20
Id, p 1076.
21
It is mandatory under section 2 of FCA, 1980.
22
AIR 1993 Pat 109
23
AIR 1985 SC 814
24
B V Joshi v State of Andhra Pradesh AIR 1989 AP 122
25
Union of India v Kamath Holiday resorts Pvt. Ltd. AIR 1996 SC 1040
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CONCLUSION AND RECOMMENDATION
Conclusion
This is a critical moment in earth’s history, a time when humanity must choose its future. Our
planet earth is perhaps the only human habitat in the vast universe and we owe it to posterity
to preserve the divine heritage of our biosphere without pollution, degradation and
destruction. The long term perspective for sustainable development requires the broad based
participation of various stakeholders in policy formulation, decision-making and
implementation at all levels in particular of issues of biological diversity and this must be
encouraged. While progress towards sustainable development has been made through
meetings, agreements and changes in environmental governance, real change has been slow.
To effectively address environmental problems, policy-makers should design policies that
tackle both pressures and the drivers behind them. Economic instruments such as market
creation and charge systems may be used to help spur environmentally sustainable behaviour.
India with a strong commitment to contribute towards achieving the target is making
concerted efforts to significantly reduce the current rate of biodiversity loss. Towards this,
taking into account its national priorities and needs, India has formulated a number of
policies, legislations and action plans which define national goals and targets.
BIBLIOGRAPHY
Articles
1. Alfred, J. R. B. (2006). Faunal resources and sustainable utilization. In: Verma, D.D.,
Arora, S. and Rai, R.K. (Eds.), Perspectives on Biodiversity: A Vision for
Megadiverse Countries. Ministry of Environment and Forests, Government of India,
New Delhi.
2. Ali, R. (2008). Biological invasion in the Indian context. Current Science, 95 (3): 296
3. Arora S. and Ahuja V. (2006). Biodiversity Conservation in Mega diverse Countries:
A Profile. In: Verma, D.D., Arora, S. and Rai, R.K. (Eds.), Perspectives on
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Biodiversity: A Vision for Mega diverse Countries. Ministry of Environment and
Forests, Government of India, New Delhi. pp. 21-39.
Books
1. Arjun Prasad Nagore, Biological Diversity and International Environmental Law,
A.P.H.Publishing Corporation, New Delhi, 1996.
2. Ashish Kothari, Understanding Biodiversity, Orient Longman, Hyderabad, 1997.
3. John Copeland Nagle, J.B.Ruhl, The Law of Biodiversity and Ecosystem
Management, Foundation Press, New York, 2002.
4. Sukumar R., H.S. Suresh and R. Ramesh (1995). Climate change and its impact on
tropical montane ecosystems in southern India. Journal of Biogeography, vol. 22, pp.
533-536.
5. Groombridge, B. (ed). 1993. The 1994 IUCN Red List of Threatened Animals. IUCN,
Gland, Switzerland and Cambridge, UK. lvi + 286 pp.
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