SAFEGUARDING BIODIVERSITY: INTERNATIONAL AGREEMENTS AND

INDIAN APPROACH

CHAPTER 1

PROTECTION OF BIODIVERSITY: AN OVERVIEW

1.1 INTRODUCTION

In this universe the earth has an iota of existence and different ecosystems flourish on earth,
consisting of biotic and abiotic components of environment through nutrient and energy flows.
The human ecosystem is also part of this chain and they utilize the natural resources for their
existence and development. As it is said that our very own existence invites challenges similarly
humans through their improper planning in agriculture, forestry, fishing, and hunting have
disturbed the balance of the ecological system. The modern human life has paradoxically been
so dependent on technology that they ignore the biological and physical systems that support
their existence. Mentally, they have become so isolated from the nature that some writers and
social scientists consider this isolation as a form of insanity.1
The humans have evolved from hunter- gathering society which have been dependent mainly on
biodiversity for its subsistence. The rise of industrialization has eased the dependence on
agriculture, so the emphasis on biodiversity has decreased. The biodiversity is the source of
food, medicine, clothing, housing, spirituality and intellectuality and these are no doubt the
basis of life. A quarter of earth’s total biodiversity is 1.7million species and in next 2-3 decades
they will be at verge of extinction 2. The present human life style threatens the existence of life
and necessary steps are needed to protect it.

1.2 WHAT IS BIODIVERSITY?

Biodiversity as a term was used for the first by Lovejoy (1980) and now it’s the general term
for describing particular number of species. It was realized that the conventional methods used
for differentiation, separation of species were not sufficient and other detailed definition
extended the definition by including the variety and variability of living organisms. In 1980

1
ML. McKinney & Robert M. Schoch, Environmental Science- Systems and Solutions, 4 th, West Publishing
Company,6,6-7, 1996.
2
Chandrakar & Alok Kumar, Biodiversity Conservation in India, 45, Photon e books, 6th ed, (2012).
Robert E. Jenkins and Thomas Lovejoy used the term Biodiversity 3, five years later in 1985
Biodiversity term was coined by W.G. Rosen4. The term was used in Washington in a
symposium in 1986, till that time people were aware regarding the extinction of several species
and then biodiversity emerged as a significant issue.
International institutes like World Resource Institute (WRI), International Union of Nature and
Natural Resources (IUCN), World Bank (WB), World Wide Fund for Nature (WWF) gave it a
formal expression through publications regarding conservation of World’s biological diversity.
It turned familiar to common people only when the United Nations Conference on the
Environmental and Development (UNED) held at Rio de Janerio (Brazil) in 1992. The crux of
the Conference was focused on biological diversity of earth and its conservation. Biodiversity
maybe a new word but biological diversity is not, and since the last decade this definition has
kept taking turns. It’s also argued by many that biodiversity do not mean the number of species
in an area.5
The term used for measurement of species is ‘species richness’ which is only a component of
biodiversity.6 Biodiversity is more than a species diversity which has been defined variable in
different places. In 1977 DeLong gave a more comprehensive definition: Biodiversity is an
attribute of an area and specially referring to variation within and among living organisms,
assemblages of living organisms, biotic communities and processes whether natural or man-
made7. It can be measured in terms of identity of types, assemblages of species, biotic
communities and processes and the amount of abundance and structure of each of them. This
definition allows for modification according to the context in which it is used, however various
authors have proposed specific and detailed elaborations of this definition.
A threefold definition of “biodiversity” is given by Gaston and Spicer in 1998 i.e. ecological,
genetic and organismal diversity excluding the genetic and ecological diversity as the principal
components8. The latter two elements can be linked to the two major “practical” value systems
of direct and indirect ecology described by them.
However the other analysist have focused on a hierarchical system of life. While other’s
contention is that definition of biodiversity do not include the diversity of abiotic components
3
Maurya, Pradip & Yadav, Anuj, Biodiversity Conservation, threats and their global impact, 8,IJERC,62, 70-
74,2017.( May 14,2020, 11:14 A.M.)
https://www.researchgate.net/publication/340540262_Biodiversity_conservation_threats_and_their_global_impact.

4
Learning to Give online:India, ( May 15,2020,6:45 PM), https://www.learningtogive.org/resources/biodiversity.
5
J Brown Burch, A Archer, In Defence of Biodiversity, 32, BP, 969,994–997, 2017. (May 15, 2020, 12:30 A.M.)
https://link.springer.com/article/10.1007/s10539-017-9587-x.

6
Ian Swingland, Biodiversity Definition of, 1, WB, 27, 34-39, 2000.(May 15,2020,12:43 A.M.)
https://www.researchgate.net/publication/323826116_Biodiversity_Definition_of.
7
DeLong, Don C, Defining Biodiversity, Wildlife Society Bulletin, vol. 24, WILEY, 738,748–749, 1996.(May
15,2020, 12:48 A.M.) http://cfcul.fc.ul.pt/GI/FCV/seminarios/EXSY_ReadingGroup/docs/DeLong.pdf.
8
Burch-Brown, J., Archer, A, In defense of biodiversity, 32, Biol Philos, 969, 996–997, 2017. (May 15 02:13
P.M.) https://doi.org/10.1007/s10539-017-9587-x.
and process and it is erroneous to identify the ecological processes, ecosystems, complexes and
landscapes as components of biodiversity. The term Biodiversity encompasses both biotic and
abiotic components and processes.
Therefore, appropriate term for definition should be ecological diversity which means and
includes ecology and ecosystems. However, the process must include the definition of
biodiversity, the rationale behind is that “even though ecological processes are abiotic or biotic,
they are crucial to maintaining biodiversity”.

1.3 Significance of biodiversity

The biodiversity is the basis on which the whole world is existing and it has various role to
play in human’s life for their greater goodness.
The various roles are-

Ecological role of biodiversity- The species have some sort of function and role in the
ecosystem. They absorb, store energy, produce organic and decomposed material and help in
recycling nutrients, water through the ecosystem, control the soil erosion or pests, fix
atmospheric gases, and help in the regulation of climate. These processes are psychological and
are important for functioning of ecosystem and human survival. The diversity in the ecosystem
is able to withstand the environmental stress and turns out to be more productive.
The loss of species causes the decrease in the ability of the bio system to absorb and maintain
itself from damage or disturbance. An ecosystem with high biodiversity have high probability
of adapting to environmental change, or in other words, the ecosystem with more species will
be more likely to be stable.9

Economic Role: The Biodiversity is the fundamental source for daily life of humans, one of
such biodiversity is crop diversity i.e. called as agro diversity. 10 The biodiversity is the reservoir
of resources drawn for the production of food, manufacturing of pharmaceutical and cosmetic
products. Some important economic commodities are: modern agriculture, breeding improved
varieties such as bio pesticides, fertilizers also including the food crops, livestock, forestry and
fish. The Mangroves and Coral reefs in coastal zone fisheries and the invaluable wild plants
which are used for the medicinal purposes since inception.
For instance- the digitalis used in chronic heart trouble comes from the foxglove plant 11,
9
Céline Bellard, Impacts of Climate Change on the Future of Biodiversity, 15, EL, 365,373-377, 2012.( May 15
02:30 P.M.) https://doi.org/10.1111/j.1461-0248.2011.01736.x.
10
M Duru, O Therond, G Martin, How to Implement Biodiversity-based Agriculture to Enhance Ecosystem
Services: A Review, 35, ASD, 1259, 1274–1281, 2015. (15 May 02:51 P.M.) https://doi.org/10.1007/s13593-015-0306-1.
11
Dr. B.Anil Reddy, Digitalis Therapy In Patients With Congestive Heart Failure,3, IJPSRR, 90, 93-95, (May 16
similarly the quinine used in treating malaria comes from the cinchona tree and morphine which
is used in pain relief comes from the poppy plant 12. The National Cancer Institute provides facts
that over 70% of anti-cancer drugs comes from the plants in the tropical rainforests 13. It is an
estimation that out of known 2, 50,000 known plants species only 5000 have been investigated
for possible medical applications14. In Industries the fibers are used in clothing, wood for
shelter, energy and various other uses. The biomass as source of energy is the product of
biodiversity.
The animal products like wool, silk, leather, waxes are just part of biodiversity and the animals
are just a mode of transport. The industrial products like oils, fragrances, dyes, rubber, resins,
poisons, cork are all derived from the various plant species. Biodiversity also has a great
aesthetic value which means and includes, eco-tourism, wildlife, gardening, bird watching etc.
Eco-Tourism has been a source of economy for many parks and forests, where flora and fauna
are a source of beauty and joy for the mass.
Biodiversity is part of religion and culture in almost every beliefs. The villages, towns in India
worship Tulsi (Ocimum Sanctum), Pipal (Ficus religiosa) and Khejri (Prosopis Cineraria) and
there are other trees which are considered sacred and are worshipped by people. 15 Even birds,
animals, snakes are considered sacred and are tagged to many hindu gods/goddess as symbols
of national and cultural heritage. The role of biodiversity in scientific studies is very crucial
because every species can give some clue to the scientists as to the evolution and continuation
of life on earth.
Additionally, Biodiversity aids the scientists to know and understand the functional cycle of life
and the role of particular species in the sustaining ecosystems. It is clear that survival and well–
being of present day human population mainly depends on several substances obtained from the
plants and animals. The nutrition level which the mankind needs are met by the wild and
domesticated animals and plant species. The Biodiversity is the source of the wild and
domesticated sources which are necessary for the humans i.e. food, medicine, clothing and
housing and most of the cultural diversity and the intellectual and spiritual inspiration. Hence,
without any doubt, Biodiversity is the basis of human beings but nevertheless, it is believed that
1/4th of recognized biodiversity which can be useful to humanity in one way or other is in

10:12 A.M.) http://www.globalresearchonline.net/journalcontents/Volume3issue2/Article%20016.pdf.

12
Dias, A. Daniel, A historical overview of natural products in drug discovery, Metabolites, 2, NLM, 303, 334-36,
2012.( May 16 10:27 A.M.) 10.3390/metabo2020303.
13
Kinghorn, A Douglas, Discovery of anticancer agents of diverse natural origin, 81, PAC, 1051, 1061-63, 2009.
(May 16 10:39 A.M.) https://doi.org/10.1351/PAC-CON-08-10-16.
14
T. Susan. Srujana, Konduri Raveendra Babu, Bodavula Samba Siva Rao, Phytochemical Investigation and
Biological Activity of Leaves Extract of Plant BoswelliaSerrata,1, TPI, 22, 40-44, 2012. (May 16 11:05 A.M.)
http://www.thepharmajournal.com/archives/?year=2012&vol=1&issue=5&ArticleId=32.

15
Ambarish Mukherjee, Bio resource Conservation: Traditions in India, 3, IQJES, 57, 61-63, 2013. (May 16 11:12
A.M.) http://www.theecoscan.in/JournalPDF/Spl2013_v3-08%20Ambarish%20Mukherjee.pdf.
serious risk of extinction. 16 This calls for an integrated approach for conserving global
biodiversity.

2.1 Conservation of Biodiversity in Ancient India

India is a very ancient civilization, a highly developed one in which all aspects of life were
blended harmoniously resulting in a very healthy lifestyle both physically and spiritually. The
earth has always been described in the ancient Indian scriptures as the mother who nourishes
and sustains the human race and all the living beings and Hinduism has always respected and
considered nature as mother. The Vedas, Puranas, Upanishads and other manuscripts of
Hinduism have always endeavored for conservation of plants, animals, wild life and detailed
description of their utility to the people. 17 The ‘Yajur Veda’ puts emphasis on the relationship
between animals and plants which should be of respect and kindness and not of subjugation and
domination18.
A person who devotes himself and respects the air, water, earth, heavenly bodies, trees, rivers,
and living creatures and recognizes them as integral part of god’s body attains the state of
supreme peace and god’s blessings19. In the Vishnu Purana there is a reference to Vanas
(forests) existing across the length and breadth of the country. 20 The oldest Upanishads in the
Aranyaka texts show the study of the lifestyle of the sages who took vow of forest life i.e. the
Vanaprastha.21
The Hindu religion enshrines a respect for nature and the concept of environmental harmony
and conservation through its scriptures, religious codes and mythologies as narrated in the
Vedas, Upanishads, Puranas and other great epics. The saints and sadhus during the Vedic and
Upanisadic period have perceived the values of maintaining a balanced relationship between
needs of humans and the diversity of the Universe, for them nature was not the mother who
sustained life rather it was the abode of divinity. The Vedas consist of hymns to the gods, many
of whom are personifications of the forces and phenomena of nature. Humans, as revealed in
these hymns, felt a bond of unity between themselves and the phenomena of nature that they
worshiped22. Vedas contain several descriptions on the users and management of forests.
16
C Gascon, TM. Brooks, The Importance and Benefits of Species, 25, CB, 431, 436-438, 2015. (May 18 11:34
A.M.) https://doi.org/10.1016/j.cub.2015.03.041.
17
R. Renugadevi, Environmental ethics in the Hindu Vedas and Puranas in India, 4, AJHC, 1, 2-3, 2012. (May 18
11:49 A.M.) http://www.academicjournals.org/AJHC.
18
B.N. Tiwari, Hindu Culture and Ecology, 23-27, Gautam Sharma, 4 ed, 1989.
19
S Shanthakumar’s, Introduction to Environmental Law, 73, Lexis Nexis, 2nd ed, 2016.
20
A. P. Dwivedi, Forestry in India, 45, Surya Publications, 2nd ed, 1993.
21
S. Radhakrishnan, The Principle Upanishads, 36, Harper Collins, 12th ed, 2006.
22
Dr. Braj Bihari Chaubey, Treatment of Nature in the Rigveda, 68, Katyayan Vedic Sahitya Parkashan, 5th ed,
Although there is no consensus on when the Vedas were cognized, the timeline of Vedic
civilization, which gave rise to these scriptures, is thought to be between 4500 and 1800 B.C.23
Starting with the days of Vedas and extending into the post-Vedic and Puranic times (200 B.C
to 100 A.D), environment consciousness, besides natural resource and biodiversity
conservation, were intrinsic features of Hindu religious rituals and practices. Both productive as
well as protective aspects of forest vegetation were emphasized in Vedic forestry.24 The Hindu
culture lays instruction to maintain harmony with nature and show reverence for divinity in
nature.

2.2 Buddhism and Conservation of Biodiversity

Buddhism philosophy is very close to nature, and there are plenty of biodiversity conservation
and environment safety passages in it. Buddhist environmentalists extend love, kindness and
compassion beyond people and animals and include plants and the earth itself. Buddhism
condemns the idea of separateness and aaccording to Buddhist philosophy, the law of nature
also works as cooperative society.25 This concept has been more clearly understood now as we
see the impact of destruction of rainforests and depletion of arctic glaciers has global effect in
form of greenhouse effect, global warming and other catastrophic phenomenon. Buddhism,
like Islam, very strongly prohibits wastage, overexploitation and hording of and stresses on
contentment and simple life style. There is a revered idea in Buddhism about creation and
ecology that the trees are like parents as they nourish and feed us by providing all the
necessities of life.26

2.3 Islam on Conservation of Biodiversity

The Islamic scriptures gives importance to the balance between the humans and nature, the
Holy Quran refers to the various components of the environment at length. It provides that the
man should not neglect the environment and earth which has been created by the God.27 Allah

1970.
23
BM Kumar, Forestry in Ancient India: Some Literary Evidences on Productive and Protective Aspects, 12,
AAH, 299,300-301, 2008. (May 17 12:15 P.M.)
http://www.indiaenvironmentportal.org.in/files/Forestry%20in%20ancient%20India.pdf
24
Ibid.
25
Ken Jones, Buddhism and Social Action: An Exploration, Access to Insight (BCBS Edition). ( May 17 12:32
P.M.) http://www.accesstoinsight.org/lib/authors/jones/wheel285.html.
26
H. S. A. Yahya, Biodiversity Conservation Ethics in Major Religions, 79, Author House, 7th ed, 2010.
27
Manoiu, Valentina- Mariana & Azzeddine, Madani & Duzgunes, Environmental Education in the Holy
Quran,42, IASI, 157, 161-168, 2016. (May 17 02:14 P.M.)
https://www.academia.edu/25828811/A_QUALITATIVE_EXPLORATION_OF_THE_HOLY_QURANS_ENVIRONMENTAL_TEACHINGS.
is the owner of the land and he created the World and human beings are the trustees who guard
the world including plants, animals and its natural resources. Quran preaches that the nexus
between the man and nature is inseparable and animals should always be treated with respect
and compassion.28

The Quran allows the slaughter and consumption of meat if it’s done humanly.29 In Islam,
nature is like the god’s own revelation and the divine truth of god is inherently there in the
nature. Thus, the principle is that the sacredness can be found everywhere and all space is
sacred and everything that exists is sacred, given that it is the god’s creation. However the
human construction are also considered as sacred particularly, the mosques and shrines as well
as certain cities associated with the holy personages including the Mecca and Medina and
Jerusalem. In meanwhile parts of nature is considered as the sacred such as the trees and
especially palms.30

Muslims have a responsibility to treat nature with respect and good faith because it is god’s
creation, and humans are distinguished from the animals by their capacity of reason to make
moral choices and they are entrusted and accountable as god’s agents and stalwarts on Earth
i.e. (Khalifa). The attention and care for the animals and plants are sometimes considered as
the extensions of the fourth pillar of Zakat.31 Islamic law permits some things (halal) and
prohibits (haram) others. Eating carnivores, scavengers, dead animals, and pigs is prohibited.

The killing of animals for the food is supposed to be a devotional act, and thus it must be done
in the quickest and least painful manner by slitting its throat. The God’s name must be recited
before the animal is killed. An animal should not be killed in front of another animal to avoid
any undue distress.32 The animals should not be treated cruelly, caged or beaten unnecessarily,
or allowed to fight each other for human entertainment, or mutilated. In precise Islam affords
human’s power over animals to use them for food, clothing and transportation must be done
with consideration and kindness as possible. The relative strengths and weakness of humans
and animals are recognized.

28
Mansoureh Ebrahimi, Kamaruzaman Yusoff, Islamic Identity, Ethical Principles and Human Values, 6, EJMS,
325, 333-336, 2017. (May 17 02:37 P.M.) https://econpapers.repec.org/RePEc:eur:ejmsjr:366.
29
A Fuseini, SB Wotton, PJ Hadley, The Compatibility of modern slaughter techniques with halal slaughter: a
review of the aspects of ‘modern’ slaughter methods that divide scholarly opinion within the Muslim
Community,26, AW,301, 307-3310,2017. (May 17 03:09 P.M.) https://doi.org/10.7120/09627286.26.3.301.
30
U. Marzolph, From Mecca to Mashhad: The Narrative of an Illustrated Shi’i Pilgrimage Scroll From the Qajar
Period,31, Muqarnas, 2017, 239-242,2014. (May 17 03:21 P.M.)  www.jstor.org/stable/44657303.
31
Yusoff, Supra Note 28.
32
K. Nakyinsige, Y.B. Che Man, Y.M. Goh, Stunning and animal welfare from Islamic and Scientific
perspectives,95, ELSEVIER,352, 359-361,2013. (May 18 10:20 A.M.)
https://doi.org/10.1016/j.meatsci.2013.04.006.
2.4 Christianity on Conservation of Biodiversity

Christians are well aware of the conservation of biodiversity in the ancient times and Pope
Paul VI mentioned that the environment and resources are for everyone, and they are
inalienable property of everyone, and there do not exist over this universal property, the
discretionary and sovereignty of any state which exempt them from the responsibility towards
the humanity of the today and tomorrow.33 The message of the Pope Paul makes it clear that
there is a link between the Christianity and Conservation of the biodiversity and the thrust is
for the sustainable development. Today’s man should refrain from exploiting the natural
resources in such a way that nothing is left for the upcoming generations. On basis of
Christian theology, humans have been given superior status who can use animals for their
benefit.34 Though St. Francis of Assisi and Albert Schweitzer did encourage respect and
references for all life and articulated moral concern for animals in the accordance with the
Jesus preaching of love and peace.35

Even Bible shows the person as a complex material-immaterial unity. The Genesis describes
the two-fold action of god that corresponds to the human person’s physical and spiritual
aspect. Materially, god formed Adam’s body “from the dust of the ground”. Concerning the
immaterial dimension, God breathed into his nostril the breath of life”. As a result of this
twofold creative activity, man became a living being. Soul is not a constituent part of the
person, but the person or self in the totality of his being. The creation account also addresses
the nature of the humans as created in the image of God. The persons do not have image, they
are the unique representation of God. The human person is related to nature because he has
been created out of the dust of the ground.

2.5 Conservation of Biodiversity Prior to the British rule

Prior to independence the matters related to the protection of the biodiversity was unclear as
the starting period i.e. the ancient period till the end of British Rule in India, the country has
different views regarding the same. The earliest historical evidence of the forest and their use
in the human life in India relates to the Harappa – Mohenjo-Daro civilization (5000-4000). 36
33
James R. Silkenat, James E. Hickey, Peter D. Barenboim, The Legal Doctrines of the Rule of Law and the Legal
State (Rechtsstaat), 54, Springer International Publishing, 1, 2014.
34
McLaughlin, Ryan Patrick, Noblesse Oblige: Theological Differences Between Humans and Animals and What
They Imply Morally, 1, JAE, 132, 141-149, 2011. (May 18 11:17 A.M.) 10.5406/janimalethics.1.2.0132.
35
Ibid.
36
Kenoyer, Jonathan Mark, The Indus Valley Tradition of Pakistan and Western India, 5, JWP, 331,376-385, 1991.
(May 18 04:24 P.M.) https://doi.org/10.1007/BF00978474.
The seals and the painted pottery recovered from the Indus Valley showed the papal and babul
(species of Ficus and Acacia) which was regarded as the celestial plants. The Gupta Period
(200-600 AD) witnessed a distribution of forests similar to that of the Mauryan Period, even
when both the periods were separated by centuries.37

From the environmental perspective the Mauryan Period received the most attention. It was at
this period that the detailed legal provisions which were contained in the Kautilya’s
Arthashastra were followed.38 The town planning was quite proper being conditioned by
sound and solid sanitary regulations. Forests and wildlife received utmost attention during this
period.

It is clear that during the ancient period, the environmental ethics, and philosophy of the
worshiping nature was the main guiding principle not only for the common man but also the
rulers and policy makers which was reflected in their day to day activities. The activities
against the nature was sin and opposed to Hindu culture.

2.6 Conservation of Biodiversity during the British Rule

The initial days of British rule were of plunder of resources, however it was quite opposite to
the fierce onslaught on the India’s forests. The onslaught on India’s forests which was due to
increase in demands for the military purposes, for the British navy for the local construction
( roads and railways), supply of teak and sandalwood for the export trade and extension of
agriculture to extract revenue.39 The British government started exercising control over the
forests in 1806 when the commission was appointed to enquire into the availability of teak in
Malabar and Travancore by way of appointment of Conservator of Forests.40 There was lack of
the proper management for the promotion of forest cover which resulted in the elaborate
neglect on the part of administrative officers towards the same. The encroachment of forest
area continued to the large extent and least attention was paid for afforestation. The hostile
attitude of the rulers and administrators led to the continued and unabated destruction of
forests.41

37
Ram Prakash, Forest Management and Evolution of the Colonial Forest Policy in India 1860-1930,4,IJARMSS,
91, 95-97,2015. ( May 20 10 A.M.) https://garph.co.uk/IJARMSS/Apr2015/8.pdf.
38
Bilbar Sihag, Kautilya on Administration of Justice During the Fourth Century B.C., 29, JHET,359, 365-
368,2007. ( May 20 04:53 P.M.) https://econpapers.repec.org/RePEc:cup:jhisec:v:29:y:2007:i:03:p:359-377_00.
39
R. Guha, Forestry in British and Post-British India: A Historical Analysis,18, EPW, 1882,1890-1896,1983. (May
20 5:32 P.M.) https://www.jstor.org/stable/4372653.
40
Baisakhi Bandyopadhyay, Environemntal Science in India during First half of 20 th Century, 53, IJHS, 175, 177-
178, 2018. (May 20 07:12 P.M.) 10.16943/ijhs/2018/v53i4/49541.
41
Mandala, V Ramadas, The Raj and the paradoxes of Wildlife Conservation: British attitudes and expediencies,
58, THJ, 75, 89-93, 2015. ( May 21 08:42 A.M.) 10.1017/S0018246X14000259.
3. Reasons for loss of biodiversity

Destruction of natural habitat of many species is caused by the human actions for the
settlement, agriculture, highway construction, industries, mining, dams, building etc. The
impact of which that species adopt to the changed environment or if fails then succumb to
predators, starvation, disease or eventually die. There are several butterfly species in Western
Ghats which are in brink of extinction due to habitat destruction, there are 370 species in
Western Ghats out of which 70 are at brink of extinction.42

 Hunting

The wild animal market across the globe is of million dollars as these animals are utilized for
skin, fur,meat, cosmetics, perfumes, decoration or for medicines. The poaching has led to 95%
of Rhino population to be exterminated for their horn which are more than 15000 dollars’
worth in pharmaceutical industry.43 In last decade 1/3rd of elephants of Africa has been killed
for their tusk i.e. 3000 tonnes of ivory,44 the international regulations have banned and to large
extent reduced illegal trading and poaching of African elephants. The Indian government has
banned the trade in Indian ivory in 1987.45

Habitat Fragmentation is defined as an” unnatural detaching or separation of expansive tracts

of habitats into segregated fragments” that are too limited to maintain their different species
for an infinite future. It is one of the serious causes of erosion of biodiversity,and it leads to
artificially created ‘territorial islands’. Such fragments experience microclimatic effects
markedly different from those that existed in the large tracks of habitats before fragmentation.
Fragmentation promotes migration and colonization of alien species.

 Introduction of Exotic Species:

Any species which is not natural inhabitant of locality but is accidently introduced into the
system be termed as exotic species. Native species are subjected to competition for food and
space due to these new exotic species. There are several instances where exotic species have
caused extensive damage to biotic community of the ecosystem.

42
Revathy Vadakkutt Sankaranarayanan, George Mathew, Narayanankutty Naduvil and Elizabeth George,
Butterfly Gardens and Butterfly Populations: Do Host and Nectar Plant Strategies Drive Butterfly Status, 12,
RJES, 21, 31-32, 2018. ( May 21 08:57 A.M.) 10.3923/rjes.2018.21.32.
43
J. Kamminga, E Ayele N Havinga,P. Poaching Detection Technologies- A Survey, 5, MDPI, 18(5), 23-24,2018.(
May 21 03:23 P.M.) https://dx.doi.org/10.3390%2Fs18051474.
44
Hauenstein Severin & Kshatriya & Blanc Julian & Dormann Carsten & Beale Colin, African elephant poaching
rates correlate with local poverty, national corruption and global ivory price, 10, NC, 4, 1-10, 2019. (May 21 04:38
P.M.) 10.1038/s41467-019-09993-2.
45
D Stiles, The Ivory Trade and Elephant Conservation, 31, EC, 309, 317-321, 2004. (May 22 09:07 A.M.)
10.1017/S0376892904001614
.
The initiation of Nile perch from north in Lake Victoria the Africa’s largest lake have almost
caused the loss of almost half of 400 original fish species of lake to extent of extinction. 46
Pollution causes further damage to the natural habitat. Water pollution is mainly damaging the
biotic components of estuary and coastal ecosystems. Toxic wastes enters the water bodies and
disturb the food chain and also the aquatic ecosystems. The insecticides, pesticides, sulphur,
nitrogen oxides, acid rain, global warming and ozone depletion too affect the plants and
animals adversely.

4.1 Conservation of Biodiversity

The loss of Biodiversity has caused major changes in the ecosystem and brought serious
environmental challenges due to misbalance of the world. The catastrophes are global
warming, climate change, extinction of various species while others are on verge of extinction,
similar goes for various kinds of plants which are reduced to handful of numbers and also the
loss of rainforests are another major concern. The frequent floods, landslides, cyclones are due
to different reasons which are interconnected and at whose epicenter is the misbalance of the
biodiversity.

Human beings began their journey with a prayer, “Oh Mother Earth, shower everlasting glory
and bless without there being any apprehension of extinction”, and Indra-Gupta Prithvi
continued to fulfil the urge. Gradually human beings became ignorant about the benevolence
of Mother Earth and they then turned themselves to be mankind. 47 The ecological perspective
begins with a view, an understanding of how the various parts of nature interact in patterns
that tend towards balance and persist overtime and we are part of the whole too.

If we ignore as to how the humans are dangerously influencing whole nature then we are
threatening to push the earth out of balance. However, we cannot change our past, but can
work to change our future by planning in present. The healthy living and survival of man
depends on how judiciously he manages the natural resources and thus maintains the quality of
overall atmosphere around him.

Humankind is in fact left with no choice than to fight seriously for the cause of betterment of
existing environment and natural resources. It is high time to look into and examine the
schemes, plans and programs having adverse effects on the environment so that a better,
balanced and eco-friendly development could be a reality. The conservation of biological
diversity is increasingly becoming one of the greatest challenges of the time. It raises the
fundamental question of whether we have right to destroy species and ecosystems.
46
Kaufman, Les. Catastrophic Change in Species-Rich Freshwater Ecosystems, 8, BS, 857, 846-858, 1992. (May
22 09:47 A.M.) 10.2307/1312084.
47
Ashok A. Desai, Environmental Jurisprudence, 94, Narosa Publications, 4th, 1998.
If we do not have enough empathy for the animal life and plants then we don’t deserve to live
on this planet, and god must be unhappy with our callous and wanton destruction of wildlife
and various species of plants. Before we analyze the impact of degradation and conservation
of biological diversity on human beings, our perspective regarding ecological biodiversity
should be clear. Conservation of biodiversity has gained worldwide momentum.

Among the various emerging environmental issues, the Conservation of Biodiversity is one of
them and in the present circumstances the biological diversity and its importance is rising.
The concept of Conservation of biodiversity is since the pedigree of human existence. So if
we look back in ancient days the protection and conservation of biological diversity was not
new to the world, but the term used is relatively new in this contemporary world.
India is a rich country in terms of ecological diversity and the traditional and contemporary
knowledge system relating therefore,it is important that it must protect and conserve its
diversity. This responsibility has grown even more after India became party to the United
Nations Convention on Biological Diversity at Rio de Janerio in 1992. The Convention
reaffirms the sovereign rights of the states over their biological resources. To give effect to this
convention the parliament passed the Biological Diversity Act. Two thoughts are prevalent in
environmental literature to describe concerns for the biodiversity.

4.2 Anthropocentric & Eco centric view: This view is centered on a loss of science and
economy as well as general loss of potential benefits for both present and future generations.
Eco-centric view: This view is concerned with the intrinsic value of biological diversity, which
humanity may use but which it has no moral right to destroy, as well as with its fundamental
role in maintaining life sustaining systems of biosphere. Sustainable use and conservation of
biodiversity can make meaningful contribution to poverty reduction and people’s health and
well-being; conversely improved human well- being is a fundamental condition for sustainable
conservation.
Thus the conservation of species and ecosystems is essential, to maintain biological diversity.
Individual species, whose genes may provide the keys for solving some of the world’s present
and future food needs and health concerns, depend upon health ecosystems. Accordingly, the
protection of these ecosystems is a matter of concern. As we know that life on the Planet Earth
has been possible only because of its environment and depends upon its natural resources like
Forests, Wildlife, Water, Food, Energy etc.
Now the Earth is a victim of merciless slaughter by the humans in the name of materialistic
civilization and industrial revolution due to which the natural resources are depleting rapidly.
The solution to this problem is harmonious growth with mindset of conserving resources as
indicator of progress and conservation of biological diversity. Since Vedic time the crux of the
social life was to live harmoniously with Nature.
The saints and pandits of Hindu religion used to live in forests and mediated in peace and then
expressed themselves in the form of Vedas, Upanishads, Smritis and Dharma’s. The peaceful
coexistence of man along with wild animals dates back to prehistoric times of India, where the
man actually worshipped these animals. The man learnt his own ways and means to conserve
animals even without going to the sophisticated schools of forest management unlike today.
To quote a small example, the Konga tribes belonging to the eastern part of Orissa have a
folklore stating that the present day elephants were dogs earlier. These dogs one day
complained to God against the tribals about the ill-treatment meted out to them. God, taking
pity on them, transformed the dogs into elephants. Therefore, the present day elephants, by way
of taking revenge, are ruining and destroying their crops. Thus, the conservation of animals has
never been a new concept for Indians. India is the land of varied religions living together in
harmony.48
The civilization of India had grown up in close association with nature. There had always been
a concern for every form of life in the Indian mind. This Indian concern is projected through the
doctrine of Dharma, preached by every religious school that flowered in our land. The Hindu
religion enshrines a respect for nature and the concept of environmental harmony and
conservation through its scriptures, religious codes and mythologies as narrated in the Vedas,
Upanishads, Puranas and other great epics.
The Hindu Rishis during the Vedic and Upanisadic era had preached the value of maintaining a
harmonious relationship between what the man want and the diversity of the Universe, for them
nature was not only the mother that gave sustenance to life rather a abode of divinity. They
never believed that the role of man on earth was exploiting the resources for their own selfish
ambitions nor they subscribed to the views of western world i.e. the man is supposed to
dominate and control the nature by all possible means.
The sanctity of life was not only the efforts to seek salvation, but to seek it by developing a
sacred attitude towards the spiritual significant of nature. In Hindu culture the man is directed to
maintain harmony with nature and show regard and reverence for the presence of divinity in
nature.

48
Lella Lakshmi, Who needs protection: Tiger or Tribal, 6, ICFAI JEL, 54, 59-60, 2007. (May 23 10:14 A.M.)
url=https://trove.nla.gov.au/work/231467142.
CHAPTER 2- INTERNATIONAL LEGAL FRAMEWORK FOR PROTECTION AND
CONSERVATION OF BIODIVERSITY

1.1 Global deterioration of Biodiversity

The state of biodiversity and ecosystems is at its most perilous point in human history and the
decline is accelerating, which is a warning for the whole human community 49. This report on
such global scale is for the first time ranked the causes of damage of biodiversity and on top of
the list lies the ‘use of land mainly agriculture purposes that have caused mass destruction of
habitat. Second lies the hunting and the other kinds of use followed by the climate change,
pollution, invasive species which spread by trade, commerce and other such social activities. It
is expected that Climate Change will overtake all other threats in upcoming decades50.
In between these threats the human population has got doubled since 1970 to 7.6 billion and
(per capita of consumption of materials had a rise of 15% over the last 5 decades) 51, report also
includes status of indigenous and local communities. The lands of indigenous people are
shrinking at a bit slower pace but 72% of indicators of these communities show deterioration of
nature.52
There are 8 million known animals and plants species53 and out of which 1 million are under the
serious threat of extinction54, and the gravity of the threat increases because they include more
than 40% of amphibian species and the third of marine mammals 55. Since 1900 native species

Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services (IPBES). "Nature's

49

dangerous decline 'unprecedented,' species extinction rates 'accelerating'." Science Daily, 2019 (June 1 10:19
A.M.)
www.sciencedaily.com/releases/2019/05/190506093610.htm.

50
University College London, Climate change to overtake land use as major threat to global biodiversity, Science
Daily, (June 1 10:27 A.M.) <www.sciencedaily.com/releases/2018/06/180619230846.htm>.
51
Safa Motesharrei Jorge Rivas, Modeling sustainability: population, inequality, consumption; bidirectional
coupling of the Earth and Human Systems, 3, NSR, 470,493-494, 2016. (June 1 11:12 A.M.)
https://doi.org/10.1093/nsr/nww081.

52
United Nations, General Assembly, Report on ‘Nature’s Dangerous Decline ‘Unprecedented’; Species
Extinction Rates ‘Accelerating’, (June 1 11:57 A.M.)
https://www.un.org/sustainabledevelopment/blog/2019/05/nature-decline-unprecedented-report/.

53
Suzanne Goldenberg, Planet Earth is home to 8.7 million species, Scientists estimate, The Guardian, 23 Aug
2011, (June 1 12:26 P.M.) https://www.theguardian.com/environment/2011/aug/23/species-earth-estimate-scientists.
54
Supra Note at 4.
55
Reuters, 40% of amphibian species, more than a third of all marine mammals threatened: UN report, The Hindu,
7 May 2019. (June 1 03:39 P.M.) https://www.thehindu.com/sci-tech/energy-and-environment/40-of-amphibian-species-more-than-a-third-of-all-marine-mammals-
threatened-un-report/article27051423.ece.
are approximately 20% less abundant then before and the condition of natural ecosystems have
declined 47% since the latest estimates and others are deteoriating at 4% every decade 56. The
report shows other metrics of the decline of nature and its human domination.
They include- Out of the whole, two third has been ‘severely altered’ by human activities and
more than a third of land and two-third of freshwater is used for crops or livestock 57. The living
coral reef has dropped at least half since 1870’s58. More than hundred million hectares of
tropical forests have been destroyed in last three decades 59. The wetlands which is the rich
source of clean water and fish have been destroyed three times faster than forests 60. The modern
day product of pollution i.e. plastic has increased ten times since 1980 and crossed from
300million to 400 million tons of industrial waste which are dumped annually 61. The coasts are
loomed large with the 400 low-oxygen dead zones62 which is equivalent to the area of United
Kingdom.

1.2 Situation before Stockholm Conference

The public concern over international crisis grew with the signs of irreparable damage
beginning to appear, and this has stimulated efforts to achieve International Environmental
Regulation. Environment awareness also served a lot. When the science of ecology began with
Haeckel in 186663 and the social implications of his teachings about the holistic nature of the
environment came to be learnt and recognized by Haeckel himself and by other philosophers
such as Nietsche and Bolsch64, ecology developed rapidly and the stage was set to give birth to
a new or modern kind of environment awareness. Here, the work of W.I. Vemadsky titled ‘The
Biosphere’ published in 1926 deserves high appraisal since the modern view of incorporating

56
Landmark analysis documents the alarming global decline of nature, AAAS, 2019, (June 9 09:29 P.M.)
https://www.sciencemag.org/news/2019/05/landmark-analysis-documents-alarming-global-decline-nature#.

57
Sheikh Mohammad Fakhrul Islam Zahurul Karim, World’s Demand for Food and Water: The Consequences of
Climate Change [Online First], 1, Intech Open,( June 2 09:47 A.M.)
https://www.intechopen.com/books/desalination-challenges-and-opportunities/world-s-demand-for-food-and-water-the-consequences-of-climate-change.

58
T. D Eddy W. Cheung J. F Bruno, Historical baselines of coral cover on tropical reefs as estimated by expert
opinion, 6, PeerJ, 56, 58-59, 2018. (June 2 09:26 A.M.) https://doi.org/10.7717/peerj.4308.
59
J Poker, K. Mac Dicken, Tropical Forest Resources: Facts and Tables. In: Pancel L., Köhl M, 9, TFH, 89,
89-90, 2016. (June 2 10:19 A.M.) https://doi.org/10.1007/978-3-642-54601-3_7.
60
Nick Davidson, (2014). How much wetland has the world lost? Long-term and recend trends in global wetland
area, 65, MFR, 936,936-941, 2014. (June 2 10:53 A.M.)  10.1071/MF14173.
61
E. J North & R. U Halden, Plastics and environmental health: the road ahead, 28, REH, 1, 1-8, 2013. (June 12:30
P.M.) https://dx.doi.org/10.1515%2Freveh-2012-0030.
62
S Joyce, The dead zones: oxygen-starved coastal waters, 5, EHP, A120, A123-A125, 2000. (June 2 01:59 P.M.)
https://dx.doi.org/10.1289%2Fehp.108-a120
.
63
Frank Egerton, History of Ecological Sciences, 94, BESA, 222, 237-238, 2013. Part 47: Ernst Haeckel’s
Ecology. Bulletin of the Ecological Society of America. 94. 222-244. (June 2 03:12 P.M.) 10.1890/0012-9623-94.3.222.
64
Van Boeckel, At the Heart of Art and Earth: An Exploration of Practices in Arts- based Environmental
Education, 10, AU, 456, 459-460, 2014. (June 2 03:45 P.M.) 10.1080/13504622.2014.959474.
socio- economic elements into ecological systems has its roots in this book65.
No less important is the name of Rachel Carson whose work Silent Spring 66 appeared about the
widespread use of modern chemical pesticides. Much of our general awareness as to the
environment today is due to her work. The concern over the damage, which technological and
scientific advancement had inflicted and was increasingly going on to inflict upon our
environment, continued to grow and took a quantum jump in the middle of the year of 1972
when Stockholm Conference was held.
The Conference turned a new chapter in the book of human concern for environment crisis. If
we flip the pages of history and cast our mind back in tracing the beginning of international
environmental law we find in store a few bilateral or even multilateral agreements concluded
largely during the first half of the present century having some references about the prevention
of water pollution and preservation of some forms of life generally.
Those were the earliest days of the international law- making in the field of environment
protection and can very well be taken as having made some earlier developments but certainly
cannot be taken as having brought forth any desired result which could help evolve some norms
or stands. The treaties and agreements concluded in those days could not play a serious part in
view of their limited scope.
Those regional treaties and agreements were primarily meant for resolving disputes as to the
sharing of water with a few exceptions. Therefore, those earliest days have in store only some
materials on the international law of pollution.
But nonetheless they had potentiality to effect the progression of the international law of
environmental protection. Fortunately, soon after the middle of the present century a significant
event came to pass. This was meeting of an international conference in the year 1954 which
produced the International Convention for the Prevention of Pollution of the Sea by oil67. This
was the starting point in one sense – indeed getting to the first base in the trust for having a
regime of International Environmental Law.
Respective to the process of creating a norm that asserts non-pollution of the marine
environment, the 1954 Convention was soon followed by two of the 1958 Geneva Conventions
on the law of the sea. These Conventions, namely, the Convention on the High Seas 68 and

65
A. N Chumakov I. V Ilyin & Mazour, "People". In People. Leiden, The Netherlands: Brill, 6, 57, II, 61-63, 2017.
(June 2 05:34 P.M.) https://doi.org/10.1163/9789004353855_006.
66
T Dunlap, Review Essay: Before, during, and after Silent Spring. Environmental Review, The N.Y.Times, 21
Sept, 2012 at 12. (June 2 07:17 P.M.) https://www.nytimes.com/2012/09/23/magazine/how-silent-spring-ignited-the-environmental-movement.html.
67
International Convention for the Prevention of Pollution of the Sea by Oil, Art 5, 12 May 1954, (June 3 10:03
A.M.) http://www.admiraltylawguide.com/conven/oilpol1954.html.
68
Convention on the High Seas, Art 8, 29 April 1958, (June 3 11:03 A.M.)
https://www.gc.noaa.gov/documents/8_1_1958_high_seas.pdf.
 Convention on the Continental Shelf69 contain several anti-pollution provisions.
3. The Conventions on the High Sea, in general, obligating the contracting parties to prevent
pollution of the sea by the discharge of oil from ships or pipelines, or from activities associated
with the exploration and exploitation of the seabed and subsoil, and to take measures that
prevent pollution from the dumping of radioactive wastes.
The International Environmental Law has evolved and structured initiating since the last
century, herein below is the flowchart showing the journey of the International Environmental
Law till now and the important one’s has been discussed thereinafter.

Environmental Conventions and Protocols

Convention Year of Purpose Remarks
Establishment
Ramsar Convention 1971 The sustainable use Also known as ‘Waterfowl
and conservation of Convention.’
Wetlands. India is part of it.
Stockholm Declaration 1972 International UNEP was the outcome of it.
protection of the
environment
Convention on International 1973 Control or prevent Also known as Washington
Trade in Endangered species of the international Convention.
Wild flora and fauna (CITES) commercial trade of Legally Binding
the endangered
species or products
extracted from them.
Nairobi Declaration 1982 Achieving the 10th anniversary of Stockholm
sustainable
developments
Vienna Convention 1985 It is for protection of It does not include legally
the ozone layer binding reduction goals
Montreal Protocol 1987 Control the Ozone- It is a protocol to the Vienna
depleting Substances Convention.
Ratified by all the countries.
Legally binding
Brundtland Report 1987 Sustainable Derived the concept of
Development “sustainable development”
Earth Summit/United Nations 1992 Conservation of the It has 27 principles

69
Convention on the Continental Shelf, Art 14, 29 April, 1958, (June 3 12:19 P.M.)
https://legal.un.org/ilc/texts/instruments/english/conventions/8_1_1958_continental_shelf.pdf.
Conference on Environment and Environment and
Development (UNCED)/Rio Development. Three legally binding agreements
Declaration which were opened for signature:
(i) CBD
(ii) UNFCCC
(iii) UNCCD
Agenda 21 1992 Sustainable It is the product of Earth
Development Summit,1992
Agenda 21 refers to 21st Century
Non-Binding
UNFCCC 1992 Reduction in the Environmental treaty produced at
emission of the the Earth Summit, 1992.
greenhouse gases to Secretariat: Bonn, Germany
combat global Kyoto Protocol was the
warming. negotiation under this framework
Convention on biological 1992 The 3 goals: Legally binding
Diversity(CBD) 1. Conservation
of biological USA has signed but has not
diversity ratified
2. Sustainable
use of its Two Protocols to CBD are:
components (a) Cartagena Protocol on
3. Sharing the Biosafety 2000
benefits of (b) Nagoya Protocol
genetic ( Biodiversity Accord)
resources 2010
UNCCD 1994 Convention to HQ- Bonn, Germany
Combat It is the direct outcome of the
Desertification recommendations of Rio Agenda
21
Legally Binding
Canada withdrew
Kyoto Protocol(COP) 1997 To fight global Negotiated Under UNFCCC
warming by Enforced in 2005
reducing the
greenhouse gas Protocol is based on the principle
concentrations. of Shared (Common) but
 differentiated responsibilities.
Rotterdam Convention 1998 Consent procedure UN Treaty
for Certain
Hazardous Chemical
and Pesticides in
International Trade
Cartagena Protocol 2000 Biosafety Protection of the biological
diversity from the potential risks
posed by the living modified
organisms resulting from the
modern biotechnology.
Stockholm Convention 2001 Eliminate or restrict UN Treaty
the production and
the use of persistent USA is not a party to this treaty.
organic pollutants
REDD & REDD+ 2005 Reducing the Negotiated under UNFCCC
emissions from the since 2005.
deforestation and the UN-REDD was launched in
forest degradation in 2008, India did not participate in
the developing it.
countries.
Nagoya Protocol 2010 Access to the genetic It is a supplementary agreement
resources and the to the CBD.
fair and equitable
benefit sharing
arising from the
Convention on
Biological Diversity
Rio+20 2012 Conference on 20th Anniversary of Rio Earth
Sustainable Summit 1992.
Development
Paris Agreement(COP 21) 2015 Climate Change It will be enforced by 2020.
Not legally binding.

This Century, global temperature

rises well below 2 degrees
Celsius above circa-industrial
 level.

Pursue efforts to limit the

temperature upsurge even further
to 5 degrees Celsius.

Indian NDC’s

Greenhouse gas emissions per

unit of GDP- by 33 to 35%
below 2005 levels by the year
2030.
By 2030, 40% of its energy
would be generated from the
non-fossil fuels.

Increase its forest cover to create

an additional carbon sink
equivalent to 2.5 to 3 billion tons
of CO2 by 2030.

Kigali Amendment 2016 Reduce Ozone Layer It amended the 1987 Montreal
Depletion Protocol.

It aims to reduce
Hydrofluorocarbons (HFCs) by
almost 80-85% by 2045.
It is binding on members from
2019.
2.1 STOCKHOLM CONFERENCE (UNEP)
In 1965 shortcomings were observed in the United Nations system, which was a mirror of the
sectorial administration of the organization of the nation- states. The system was not designed
as such to deal with the rapidly rising issues of the cross-sectorial and transnational nature that
was a result of the scientific and technological advances of the post Second World War. The
environment was affected and it was a negative side effect of these developments. Sweden
through its permanent representative Sverker Astrom raised the fundamental question on the
agenda in the United Nations General Assembly in 196870.
He put the proposal of a Conference for global action to be held in 1972 to increase the
awareness and identify the environmental problems which was in need of international
cooperation. In a brilliant diplomatic operation, he overcame resistance from strong Western
European opponents who argued that the environment was best handled in one of the sartorial
agencies so that additional requests for development assistance could be more easily deflected.
It was clear that a major structural reform of the U.N. system to address these problems in
comprehensive and holistic way was not within reach at that time. A similar institutional
constraint still exists today.
The conference model has been successful, but the increasingly integrated and complete global
development agenda urgently requires new approaches. This issue was at the center of the
agenda for Johannesburg. As a result of Stockholm, environment ministries and agencies were
established in more than 100 countries;71 a key requirement for carrying forth the results of the
conference. IT led to rapid increase in the number of non-governmental and intergovernmental
organizations dedicated to the environmental preservation. In a period of twenty year, an
estimated ten million organizations of this nature were formed.
The United Nations Environment Program was established in Nairobi to act as a catalytic
instrument to promote the results of the Conference. The Declaration and the Action Plan with
recommendations for intentional action adopted at Stockholm were particularly instrumental in
later rapid development of international environmental law. The Principle 21 had declaration in
particular significance as it contained the provisions that states were having the responsibility to
ensure that activities near their jurisdiction or control were not the cause of damage to the
environment beyond their own borders.

70
Götz, Norbert. Western Europeans and Others: The Making of Europe at the United Nations, Alternatives:
Global, Local, Political, 33, JSTOR, 359, 376-377, 2008. (June 3 03:12 P.M.)  
10.1177/030437540803300305
.
71
Medani P Bhandari, The Role of International Organization in Addressing the Climate Change Issues and
Creation of Intergovernmental Panel on Climate Change, 5, AAES, 19.23-25, 2018. (June 3 05:34 P.M.)
https://doi.org/10.30881/aaeoa.00005
.
From a handful in the 1960’s more than 200 global conventions are in place today with their
own conference of parties and secretariats.

2.2 GENERAL PRINCIPLES72- Nature shall be respected and its vital components shall not
be impaired. The generic potential on earth shall not be compromised and the population of all
life forms, domesticated or wild must be at least sufficient for their survival, and to this extent
habitats shall be protected.
The areas of earth that includes both the land and sea, be subjected to these principles of
conservation and the unique places be given special protection to the samples and different type
of ecosystems and their habits of endangered species. Ecosystems and organisms on the land,
water, and marine resources are to be used by the man must be managed in such a method that
the balance for the sustainable production should not endanger the integrity of the other
ecosystem or species which coexist. Nature must be secured against the degradation caused to it
by the war or any other hostile activities.

FUNCTIONS73- It has been recognized that the man’s need can be met only by the optimal and
proper use of the natural resources and respecting the principles of the Charter. In planning and
the implementing the social and the economic development activities, due consideration of the
fact must be taken that conservation of nature is an integral part of these activities. In
formulation of long-term plans for economic, population growth and improvement of the
standards of living of people, due attention shall be taken of population concerned that
recognizing that this capacity may have been enhanced through science and technology.
The allotment of areas on earth to various utility must be planned and due consideration of the
physical constraints, biological productivity and diversity and natural beauty of areas
concerned. Natural resources must not be exhausted in such a way that it gets wasted, but used
with appropriate restraints according to the principles set up in the present Charter and in
accordance to the rules: Living resources should not be utilized more than the limit of their
natural capacity of regeneration and absorption of the wastes. The productivity of lands shall be
maintained by the process of organic composition and prevent the erosion and other forms of
degradation. Resources including water which are not consumed must be reused or recycled for
future use; non- renewable resources shall be used as such that its exploitation be done with
restraint, so that their rational possibility of converting them for consumption and compatibility
of their exploitation with the functioning of natural systems.

72
United Nations Environment Programme, Principle 12, 5 June 1972, (June 3 11:24 P.M.) A/CONF.151/26 (Vol.
I).
73
Ibid
The activities which have the potential of impact on the nature will be controlled and the best
technology available might minimize the specific risks to nature or other adverse effects might
be used particularly. Activities which might cause irreversible damage to the nature must be
avoided; and such activities which are likely to pose significant risk to nature will be preceded
by an exhaustive examination; and their proponents must demonstrate that expected benefits
must outweigh the potential damage to the nature and if any such potential activity are not
completely understood must not be proceeded with.
Activities which may upset nature will be preceded before by evaluation of their outcomes, and
environmental impact studies of development ventures shall be directed adequately ahead of
time, and in the event that they are to be embraced, such exercises will be arranged and
completed in order to limit potential antagonistic impacts agriculture, grazing on pasture land,
forestry and fisheries ideally should be adapted to the natural characteristics and constraints of
the areas; areas which are degraded by the human activities shall be rehabitated for the purpose
of the accord with their natural potential and must be compatible with the well-being of the
affected populations.
The pollutants are discharged in the natural systems which is not feasible and such pollutants
are treated to be the source, and whatever the best practicable method available it should be
used. The radioactive or toxic wastes should be discharged with special precautions and the
measures needed to prevent, control or limit the natural disasters, diseases, infestations shall be
particularly directed to the causes of these scourges and shall avoid adverse effects on nature.

2.3 IMPLEMENTATION
The principles herein in the Chapter shall be reflected in law and practice of each state and at
the international level. The knowledge of the nature can be further segregated by all possible
means, mainly by ecological education which is an integral part of general education. All
planning must incorporate among its basic components, plan of techniques for the preservation
and assurance of nature, and the foundation of inventories of ecosystems and evaluations of the
impacts on the nature of the proposed strategies and exercises, these components must be
revealed to the general population by the suitable methods so as to allow the effective counsel
and the participation. The assets, programs and authoritative structures that are important to
accomplish the target of the preservation of nature shall be provided.
The endeavors must be consistent and continuous to build the information on nature by
scientific research and such information unrestricted by the limitations of any sort. The
procedure of normal procedures, biological systems and species must be firmly observed to
enable the early location of the debasement or any danger, to guarantee that the mediation must
be on schedule and encourage the assessment of the preservation of the strategies and
techniques likewise military activities causing harm to nature must be maintained a safer
distance from.

States and other public authorities, international institutions, organizations, individuals, groups
and corporations shall be co-operating for the task of conserving nature through the common
activities and other relevant actions including the information exchange and the consultations.
The standard for the products and manufacturing process which can have adverse effects &
potential threat to the nature and their methodology for assessing their effects on the nature
must be established. The international legal provisions for the conservation of nature and
protection of environment must be properly implemented so to ensure that the activities in their
jurisdictions or control do not cause damage to the environment system located within other
states in the country or beyond the territorial jurisdiction of the states so to safeguard and
conserve nature.

The present Charter has been drafted keeping in account the sovereignty of states and their
control over their natural resources, and the charter endeavors to establish competent organs
and the co-operation with the other states. The Charter further states that there should be full
participation of individuals, organizations in accordance to their national legislations for the
formulation of policies, decisions regarding environment and assess as to what extend the
damage to environment can be justified and allowed.74
According to the Charter it is the duty of the individuals, associations to participate through
political process so that discussion, deliberation in common consensus comes out with some
fruitful output and each person must ensure that the objectives and requirements of the present
charter are met.75 The Rio United Nations Conference on Environment and Development
(UNCED) was convened in June 1992 in Rio De Janeiro, Brazil to consider pressing global
environmental and development issues and to adopt an action plan dealing with them.
The Conference, in which member states participated at the highest political level, adopted the
Rio Declaration on Environment and Development and Agenda 21,is an action plan aimed at
reshaping human activity in order to minimize environmental damage and ensure sustainability
in the development process.

74
Mackey,Brendan, Some Observations on the IUCN,4, ECGG,32,35-37,2008. (June 4 09:23 A.M.)
https://www.researchgate.net/deref/https%3A%2F%2F2.zoppoz.workers.dev%3A443%2Fhttp%2Fdx.doi.org%2F10.1017%2FCBO9780511551161.006.

Thomas Dietz and Paul C. Stern, Public Participation in Environmental Assessment and Decision Making, 169,
75

National Academy Press, 2nd, 2008.

2.4 OUTCOME OF UNCED
The Rio Declaration was prepared as a follow-up to the declaration of the United Nations
Conference on the Human Environment in Stockholm in June 1972. The Rio Declaration states
two prime objectives: (1) establishment of an unique and equitable global partnership through
cooperation between the States, and key sectors of societies and people; and (2) international
agreements which ensure the respect of the interests of all and safeguards the integrity of the
global environmental and developmental systems. In its very first principle, the Rio Declaration
states: "Human beings are at the center of concerns for sustainable development and they
deserve to live in a healthy and productive life in complete harmony with the nature. This
statement is supported in the “principle 8” by a request to states to “reduce, and eliminate ‘the
patterns of production and consumption which are unsustainable and to promote appropriate
demographic policies”,76 while other principles confirm the necessity of linking environmental
protection and the development process.
The eradication of poverty is declared as the basic requirement for sustainable development to
reduce disparities in the standards of living and better to meet basic needs, while not a legally
binding agreement, it reflects a global consensus, focus and commitment should be of the
highest level when dealing to the social evils like poverty, hunger, ill health and illiteracy and
the continuing deterioration of the ecosystems on which we depend for our well-being”.77
It became clear during the preparation of the Conference that the objectives of Agenda 21
concerning development and the environment would require a substantial flow of new and
additional financial resources, and this is reflected in the appropriate parts of Agenda 21.

2.5 ANALYSIS OF STOCKHOLM AND RIO CONFERENCE

Sustainable development is perceived as the key platform for leaders to formulate policies and
strategies in promoting awareness on environmental issues. United Nations Conference on
Human and Environment or Stockholm Conference is the first global summit discussing the
environmental issues and producing global environmental agreement.
It is interesting to see the rift between the developing and the developed countries regarding the
solution of global environmental issues. The developed countries argued that they want more
involvement on part of developing countries, while the latter wants the developed countries to
be the baton carrier of sustainable development.

76
United Nations Conference on Environment and Development, Report of the UN 14, A/CONF.151/26(Vol I),
12August 1992,
https://www.un.org/en/development/desa/population/migration/generalassembly/docs/globalcompact/A_CONF.15
1_26_Vol.I_Declaration.pdf.
77
J Vandemoortele, Are the MDGs Feasible? 3, DPJ, 23, 45-47, 2003. (June 4 12:34P.M.)
http://citeseerx.ist.psu.edu/viewdoc/download?doi=10.1.1.198.6598&rep=rep1&type=pdf
.
The principles which were drawn in both of the Stockholm and Rio Declaration are-

Preventive of Environmental Harm

The most common principle in both the declarations are the principle of prevention of harm to
the environment. This can be deduced from the Principle 21 of Stockholm and principle 2 of the
Rio Declaration which ensures that the activity or control do not harm the environment of the
territorial jurisdiction of the other states or areas beyond national jurisdiction or control,
however this binding feature is equated with the first part of the respective principles, the
State’s sovereign right ‘exploit’ the resources according to the principles of the Stockholm and
Rio declaration.
During the Stockholm Conference there were some countries who questioned the obligation
given in the Conferences but at the present time those obligations are now part of the general
international law. The International Court of Justice has in several cases like in Legality of the
Threat or Use of Nuclear Weapons78 first and then again in Case concerning Pulp Mills on the
River Uruguay79 have expressed its views endorsing the obligation as the rule of international
customary law. Moreover, the Pulp Mills decision has confirmed that the State are having
obligation to prevent and it is one of the due diligence.

Right to Development in an Environmental Context

In both the declarations the most challenging part was to chapterise the relationship between the
development and the environment, and the initial draft proposal of the developed western
countries was halted by the developing countries by reinserting the developmental perspective
in the final versions of the two declarations. 80 Thus, after concluding that both the nature and
the man-made are essential for the well-being, Principle 8 of the Stockholm labels “economic
and social development” as necessary. The Rio principle 3 use even more strict words, putting
emphasis on the “right to development must be fulfilled so as to equitable meet developmental
and environmental needs of present and future generations”.

78
Legality of the Threat or Use of Nuclear Weapons, Request for Advisory Opinion, 1 February 1995 I.C.J. (June
4 03:34 P.M.) https://www.icj-cij.org/en/case/95.
79
Pulp Mills on the River Uruguay, (Argentina v. Uruguay), 20 April 2010 I.C.J. (June 5 10:34 A.M.) https://www.icj-
cij.org/en/case/135
.
80
M Kaltenborn, H Kuhn, Reflecting on the Right to Development from the Perspective of Global Environmental
Change and the 2030 Agenda for Sustainable Development, 5, Springer, 191,201-203, 2019. (June 5 10:56 A.M.)
https://doi.org/10.1007/978-3-030-30469-0_11
.
The ‘right to development’ has been bone of contention since then, even though post- Rio, the
principle has gained support from the endorsements like in the 1993 Vienna Declaration and
program of Action, and the Millennium Declaration. The Rio has put a strong impact on the
international politics and legal discourse because it balances the weights of the both
environmental conservation and the protection objectives.
Presently, the environment, economic and social development are considered as the
“interdependent and mutually reinforcing pillars” of the sustainable development.

Precautionary action

The Rio conference has some principles which were absent in the Stockholm and one of them is
Principle 15 which provides that the “precautionary approach shall be widely applied by the
states according to their capabilities”:- when there will be threat of potential damage due to lack
of scientific competence then the states can’t use it as an excuse to take the cost-effective
measures to prevent the environmental degradation. The concept is now widely accepted and it
is reflected in the international affairs even though there is no particular definition of its scope.

Common but Differentiated Responsibilities

The concept of Common but Differentiated Responsibilities is now sine qua non of the
sustainable development and it’s a challenging statement that is in the Rio Declaration. The
principle 7 provides that:
"Taking into account the various commitments to worldwide ecological degradations, States
have common but separate responsibilities."
Its proper implementation has remained in controversy since its adoption because it’s still trying
to maintain relationship between environment and the development. However, differentiated
responsibility is mainly based on the function of the “capability” of the state’s development.
Unlike the similar principle in the United Nations Framework Convention on Climate Change
(UNFCCC) which shows that the States ‘ common but differentiated responsibilities and
respective capabilities’ and the second sentence of Principle 7 omits any reference to
capabilities’. Principle 7 then links the developing countries status to ‘responsibilities’.
Both the Stockholm and Rio (Principle 23 and 11) recognize the relevance of different national
developmental and environmental contexts and the policies needed for the purpose. However,
the status of developing countries do not allow to go below a normative expectations. At the
Rio Conference USA stated on record “it do not accept any interpretation of Principle 7 which
would imply that the recognition or acceptance by the US any less responsibilities as to the
developing countries under International law”. A comparative explanation was given in the
"CBDR" in the Plan of execution of the World Summit on Sustainable Development in 2002.81

Procedural Safeguards

The Principles 13-15 and 17-18 of the Stockholm Declaration have emphasized the need for the
environmental and developmental plans. The absence of any reference in the Declaration to a
State’s duty to provide information to the affected other states of any potential risk of the
transboundary environmental effects which is due to the Declaration’s inability to reach
agreement on such a provision. However the working committee did not agreed on the same
and forwarded the matter to General Assembly which endorsed with notifications as part of
States duty to cooperate in the field of the environment.82
It meant that the Rio Declaration in its language is making it mandatory for the states to assess,
inform and consult the other potential states, whenever there is risk of significant effects on
environment. The Principle 17 states for environmental impact assessment, Principle 18 for the
emergency notification and the Principle 19 for notification and consultation. Today given the
steady help to worldwide practice and other proof, including the International Law
Commission's draft articles on the Prevention of Transboundary Harm from the Hazardous
Activities.

Public Participation

Public participation is the key to success and Principle 10 of the Rio Declaration expresses that
"ecological issues are best-taken care of with the support of all concerned citizens, at the
significant level.” It states that states should endeavor to ensure that every individual has access
to the information, public participation in decision- making and justice delivery in the
environmental matters.83 The importance of information, awareness and democratic governance
are critical in the effective environmental management. Public Participation in Decision making
and Access to Justice in environmental matters (Aarhus Convention) the 2010 UNEP
Guidelines for the Development of national legislation on Access to information, Public
Participation and Access to Justice in Environmental Matters and various resolutions of the
international organizations and conferences, have come to the point that the Principle 10 must

81
M Bhardwaj, The role and relationship of climate justice and common but differentiated responsibilities &
respective capabilities (CBDR-RC) principle in the international climate change legal framework, 4, PPHD, 43,
59-61, 2018. (June 5 03:35 P.M.) 10.13140/RG.2.2.11976.06402. 
82
Philippe Boudes, Green Ethics and Philosophy-The Green Series: Toward a Sustainable Environment, 410-413,
J. Newman, 8, 2011. (June 5 11:34P.M.) https://www.researchgate.net/publication/308796618_United_Nations_Conference_on_the_Human_Environment.
83
Ibid.
be deemed legally binding.

The Interface of Trade And Environment

The Principle 12 of the Rio Declaration address a controversy of the present i.e. the
interrelationship of the International trade and the environmental conservation. The states try to
avoid the trade policy measures for the environmental matters as “a means of the arbitrary or
unjustifiable discrimination or the disguised constraints on the international trade. Principle 12
censures the States 'extra-jurisdictional unilateral action: "unilateral activities to manage
environmental difficulties outside the jurisdiction of the importing country should be avoided.

Indigenous Peoples

The indigenous people have an important role in the conservation and sustainable management
of the natural resources given their vast knowledge and traditional practices regarding the
nature. It recommends the States "perceive and properly support their identity, culture, and
interests and enable their successful participation in the accomplishment of sustainable
development".84 There are some legal institutions like the International Labor Organization
(ILO) regarding the indigenous and tribal people in the independent countries of 1989 and the
Convention on Biological Diversity which was opened for signature at the Rio Conference had
already recognized the relationship between the two.

Women in Development

Rio Declaration is considered as the first instrument that recognizes the empowerment and
importance of women, and recognizes their ability to participate in their countries social and
economic processes and is important for sustainable development. 85 Principle 20 throws light on
the vital role of women in the environmental management and the development and their need
for full participation. It is also observed that the women’s livelihood has been severely affected
due to environmental degradation. Unsurprisingly, this perception that the “women’s role in
development” process is endorsed in the international legal instruments like the preambles of
the Convention on Biological Diversity or the Desertification Convention, and the resolution of
the various international conferences.86 The precise analysis can deduce that the United Nations
84
Justice Mensah & Sandra Ricart Casadevall, Sustainable development: Meaning, history, principles, pillars and
implications for human action: Literature review, 5, CSS, 34, 48-49, 2019. (June 6 11:34 A.M.)
http://doi.org/10.1080/23311886.2019.1683296
.
85
Ibid.
86
A. Schuster, U Norbert, Global Change: Enough Water for All? 227, Lozan, Hupfer, 2nd, 2007. (June 6 01:45
P.M.) https://doi.org/10.1061/ (ASCE) 1084-0699 (2008)13:2(111).
Development represent not just human rights issues rather also “a pathway to achieving the
Millennium Development Goals and the Sustainable development”. The objective of the
Rio+20 sustainability, equity and gender equality must work properly before the Principle 20
Objectives are satisfied truly.

Environmental Liability and Compensation

Both the Stockholm and Rio Declarations focuses on the development of law with bearing the
environmental liability and compensation. The Stockholm Principle 22 refers only the
international law while the Rio Principle focuses broadly and includes both the national and
international law.87 The clear mandates of states show that the states have tried to avoid the
matter on hand i.e. to establish the so-called private law regimes which focuses on the private
actors’ liability, which mostly excludes the consideration of States’ accountability.
The recent developments provide a basic framework for the issues related to the environmental
liability and emphasis on the compensation, national or international level. These advancements
incorporate the work by the International Law Commission primarily the draft principles on the
designation of Loss on account of the Transboundary harm emerging out of Hazardous
Activities: and the 2010 UNEP Guidelines for the improvement of local enactment on
obligation, response action and pay for the harm caused by exercises harmful to the
environment.

3. Convention on Biological Diversity 1992-

The Convention states the conservation of genetic resources must be by the preservation of the
sensitive ecosystems, rehabilitating degraded ecosystems and bringing legislation that protects
the endangered plant and animal species.88
Additionally the treats suggests that there should be financial aid for the developing countries
so that they can afford the conservation of biological resources without much load on their
economy. The Conference of Parties, the governing body of the Convention got established
thematic programs that set the parameters for the conservation if the genetic resources in each
of the major types of ecosystems i.e. marine, coastal areas, inland waterways, forests,
agricultural areas, mountain areas, and dry sub humid lands. The Johannesburg Conference
2012 or the United Nations (U.N.) Conference on Sustainable Development (UNCSD or Rio+
20”) convenes June 20-22, 2012 in Rio de Janeiro, Brazil.
87
Ibid.
88
K. Prathapan, D. Rajan, Convention on Biological Diversity Need for a Review. Economic and political weekly,
54, 60, 60-62, 2019. (June 7 07:49 A.M.) https://www.researchgate.net/publication/330579897_Convention_on_Biological_Diversity_Need_for_a_Review.
Secondly, there is serious lack of potential authentic and independent international scrutiny to
monitor delivery, and it is concluded that the international fraternity has sincerely failed to
convert the original Rio Agenda into a language that sweeps away even the most powerful
departments in each government: treasuries and finance ministries.

4.1 Sustainable Development Goals’ the Game- Changer: Rio+20

The United Nations Conference on Sustainable Development (Rio+20) was held in the Rio de
Janeiro in June 2012 and it was an agreement accepted by all member states to have a
mechanism to launch the process to have the Sustainable Development Goals that will be used
for pursuing the coherent action on the sustainable development. It was mutually agreed that the
Rio+20 member states agree on the Sustainable Development Goals and base it on the Agenda
21 and the Johannesburg plan for implementation, and must contribute to the outcomes of all
the major summits in the economic, social and environmental fields.
It was further decided that the development goals for the SDG’s and Millennium Development
Goals (MDG’s) should be based on single set so to make the latter complementary to the
former. It is because the scope of SDG’s is broader than the MDG’s and it would encompass
the social development objectives of the MDG’s, however integrating the MDG’s did all the
three dimensions of sustainable development.89
The SDG’s will unlike the MDG’s be implemented globally across all the countries irrespective
of the development level, while applying in countries and this will serve better coordination.

4.2 Millennium Development Goals act as the Catalyst for development cooperation

The MDG’s have given the deduction that it provides depth and benchmark for SDG’s. It has
made the major international institutions that to monitor organize framework for the delivery of
aid and also to set up statistical apparatus necessary for the collection of relevant data, which is
not often available in the initial stage. This has developed as indicators, available for the
countries and on regular basis and is made publicly made accessibly for friendly interfaces.
SDG’s can also play a similar role in focusing on making all the stakeholders to focus on the
bigger issues. It can also focus on the international aid, capacity building and scientific
cooperation. During the Rio+20, many members raised questions regarding the finance and to
set a new sustainable development goals, suggesting that they are also a strategy for the
mobilizing financing to support their attainment. Rio +20 document made a link between the
SDG’s and the sustainable development financing strategy mentioned above. Lastly, SDG’s and

Marta & Borisch, Ulrich, The Millennium Development Goals: Experiences, achievements and what’s next, 7,
89

GHA, 1, 7-8, 2014. (June 7 11:16 A.M.) https://www.researchgate.net/deref/https%3A%2F%2F2.zoppoz.workers.dev%3A443%2Fhttp%2Fdx.doi.org%2F10.3402%2Fgha.v7.23695.

the sustainable development can take advantage of the MDG’s regarding the data collection,
monitoring and evaluation.

Differences
The major difference between the two is the degree of agreement that exist between the broad
underlying objectives. When eradicating poverty as the prime objective and the economic
growth as the means to achieve the same, much weaker agreements existed on the ways and the
means by which sustainable development can be achievement. The tussle between the
development and the environment has never been actually resolved since Stockholm
Conference in 1972.
The second difference is that the prevalence of collection action problems at the heart of
sustainable development and the regular failure of the countries in solving these problems. Also
in many issues they lack credible enforcement mechanisms that can restrain the government
actions.

5. Conclusion
The mechanism for the cooperation for the sustainable development among the countries has
not achieved up to the mark made after the Earth Summit. The current framework has flaws
while the major one being the area where gaps (and stakes) are the highest.
The decision of the UNCSD to have a set of SDG’s coincides with the post 2015 development
agenda which points an opportunity for the accelerated convergence of the sustainable
development. SDG’s have helped a lot to integrate the sustainable development by connecting
people, ensuring equitable access to the resources when the world consumption patterns are
burdening both the developed and the developing countries.
 CHAPTER 3

INDIAN LEGAL AND POLICY FRAMEWORK TOWARDS BIODIVERSITY

ETHICS

3.1 Brief History

Biodiversity is the narrowed phrase of the biological diversity, and it has grown as the global
political agenda in today’s time and the concern for the biodiversity has (been) raised from
many streams of development increasing the damage to biodiversity and also habitats on one
hand and on another hand the economic value of diversity is rapidly rising at an alarming
rate. Biodiversity is a term coined by the International Union for the Conservation of nature
(IUCN, 1986) that represents the life in totality on earth. During 1980’s the rate of extinction
of species from the ecosystem alarmed the scientist to research and see how the species can
influence the physical habitats and the elements in the biogeochemical cycles and the
ecosystems productivity.90 It is suggested that the loss of several species affect and alter the
functioning and structure of the whole ecosystems. By 1990’s several international initiatives
put emphasis on how the diversity of life affects the ecosystems.91

United Nations Environment Programme has commissioned the Global Biodiversity

Assessment to evaluate the state of knowledge on biodiversity including its role in the
ecosystem and the landscape processes. The Convention on Biological Diversity (CBD) has
given a universally accepted definition of the biodiversity as "the inconstancy among living
beings from all sources including, inter alia, terrestrial, marine and other amphibian
biological systems and the environmental complexes of which they are part; this
incorporates diversity within species, among species and of biological systems' (UNEP,
1992).92Biodiversity is the term to represent life in all flora and fauna, with the genetic
variation and the ecosystems that carry them. The terminology like natural history and
wildlife have majorly fallen into disuse.

3.2 Loss of biodiversity

90
M. Loreau, The Challenges of biodiversity science, 17, EE, 1, 147-151, 2010. (June 12 10:29 A.M.)
https://www.researchgate.net/publication/265974012_The_Challenges_of_Biodiversity_Science_review.
91
Bradley &Duffy, Biodiversity loss and its impact on humanity, 10, Nature, 59, 63-67, 2012. (June 16 10:50 A.M.)
10.1038/nature11148.

92
H Kopnina, B. R. Taylor, The need for ecocentrism in biodiversity conservation,4,CB,34,46-48,2020. (June 15
12:46 P.M.) https://doi.org/10.1111/cobi.13541.
 Biodiversity is declining on two scales- ß diversity (the difference in biodiversity between
regions – species identities in more and more locations are becoming similar) and diversity
(global biodiversity is declining), but at some places the composition of diversity is
increasing due to the addition of invaders.93Sax and Gaines gave a clarity about this
phenomenon that it is not limited to the islands rather the local bio-diversity is rising in
many continental locations as well.94 After two decades of the Earth Summit in Rio de
Janeiro, a team of 17 ecologists have advised that there is severe need to curb the loss of
biological diversity, which is hampering the potentiality of the nature to provide goods and
services for the humans.95

Over this time the science has given strong evidence that the damage of the world’s
biological diversity is directly affecting the productivity of the natural ecosystems and is
decreasing its ability to provide the society proper goods and services like the food, wood,
fertile soils, fodder and the protection of humans and plants from the diseases and pests.
Human actions have dismantled the natural ecosystem causing the extinction of many species
at the highest rate than ever and it has been observed in the fossil record. However if the
nations make the preservation of biodiversity an international priority then maybe it’s still not
late to conserve and protect the remaining life of flora and fauna and restore much of what’s
lost till now.

The loss of species has been occurring in the past from a long time and in massive scales.
According to records a mass extinction during the Cretaceous era at least about 65 million
years ago that wiped out almost half of the flora and fauna of the earth. 96 Prior to that there
was a similar extinction during the Permian era before 250 million years ago that was almost
90 % of the biodiversity of the earth of that period. The whole process in the two extinctions
took almost 5 million years each to complete the process i.e. almost 2.5 times more than the
origin of the human species. The modern extinction is mainly anthropogenic in nature and is

spreading at an alarming rate. Since the 16th Century the recorded extinction of mammals are
18 out of the 4200 species of mammals and whooping 113 bird species out of the 9200

93
Sax, Dov & Gaines Steven, Species diversity: From global decreases to local increases. Trends in Ecology &
Evolution, 18, TEE, 561, 564-565, 2003. (June 16 09:11 A.M.) https://doi.org/10.1016/S0169-5347(03)00224-6.
94
Sax, Dov & Brown,The dynamics of species invasions: Insights into the mechanisms that limit species diversity.
Special Invasions into Ecology, 2, EB, 447,457-460, 2005. (June 16 3:29 P.M.)
https://www.researchgate.net/publication/292713972_The_dynamics_of_species_invasions_Insights_into_the_mechanisms_that_limit_species_diversity.

95
D. Hooper, A global synthesis reveals biodiversity loss as a major driver of ecosystem change, 4, Nature, 67, 69-
72, 2012. (June 16 11:07 A.M.) 10.1038/nature11118.
96
B. Holgado, M Suñer, Palaeodiversity and evolution in the Mesozoic world,44,JIG,1,4-5,2018.( June 16 3:29
P.M.) https://doi.org/10.1007/s41513-018-0058-2.
 species.97

The International Union for Conservation of Nature (IUCN) has come with a red list were out
of 47,677 species 17,291 were in the list and that amount to 36% of all the species. When itis
segregated 21% of mammals, 30% of amphibians, 35 % of invertebrates and 70% of the
plants were facing different kind of threat.98 According to the World Conservation Monitoring
Centre the tension is that 71 % of endangered species are found in single countries which is a
potential threat to the biodiversity.99 The previous extinction took 5 million years to complete
and 10000 years of human civilization is a small span of the whole length of evolutionary
past. However there has been disappearance of 113 species of birds, 84 species of mammals
during the modern anthropogenic extinction is much faster in rate since the year 1600.100

Several authors have documented the declines in many components of the biodiversity. The
main fact is that the rate of extinction over last 300 years is several hundred time greater that
the expected and this report is based on the geological record.101 Hunting of the animals is still
considered as the most significant reason for driving many wildlife species to the verge of
extinction.102 In India hunting is recognized as the major factor in historical declines of
wildlife.103

3.3 Biodiversity of India

The geographical area of India spreads between latitudes 804 and 3706 N, longitudes 6807

and97025’E, covering total area of 3,287,469 sq km. It has four geographical zones which are
named as the great mountain zone, plains of the Ganga and the Indus, the desert region and

97
AR Mendes Pontes, ACM Beltrão, Mass Extinction and the Disappearance of Unknown Mammal Species:
Scenario and Perspectives of a Biodiversity Hotspot’s Hotspot, 3, PO, 34, 41-47, 2016. (June 16 4:11 P.M.)
https://doi.org/10.1371/journal.pone.0150887.

98
Michael & Hilton-Taylor, The Impact of Conservation on the Status of the World’s Vertebrates, 10, Science,
1503, 1507-1509, 2010. (June 16 4:50 P.M.) 10.1126/science.1194442.
99
Rosie Cooney, CITES and the CBD: Tensions and Synergies, 10(3), RECIEL, 259,265-267, 2001. (June 16 5:39
P.M.) https://www.cbd.int/doc/articles/2002-/A-00492.pdf.
100
National Research Council (US) Committee on Scientific Issues in the Endangered Species Act, 65, National
Academies Press, 2, 1995. (June 16 6:39 P.M.)
101
Rodolfo Dirzo Peter H. Raven, Global State Of Biodiversity and Loss, 28, ARER, 137, 164-165, 2003. (June 16
9:39 P.M.) 10.1146/annurev.energy.28.050302.105532.
102
HollyDublin, Endangered Species, Encyclopaedia Britannica.Inc. (June 18 10:20 A.M.)
(https://www.britannica.com/science/endangered-species.

103
Velho Nandini & Karanth, Krithi & Laurance, William, Hunting: A serious and understudied threat in India, a
globally significant conservation region, 5, BC, 45, 57-59, 2012. ( June 18 9:19 A.M)
https://www.researchgate.net/deref/https%3A%2F%2F2.zoppoz.workers.dev%3A443%2Fhttp%2Fdx.doi.org%2F10.1016%2Fj.biocon.2012.01.022.
 the southern peninsula and the island systems of Lakshadweep and Andaman & Nicobar. The
climate of India is controlled and affected by the geographical location, topographical features
and the directions of the rain bearing winds. The Himalayas of the north and the seas of the
south have the major bearing on the climate. The Central Asia has given the Indian
subcontinent elements of tropical climate and the cool moisture laden winds from the seas
give it elements of the oceanic climate.

The population of India is 1.35 billion with 48 % of females and 51% of males and this is
almost 18% of world population and the growth rate is also having a sharp decline from the
earlier decadal growths of 23.9% during 1981-1991.104 Indian’s majority population lives in
the villages and they are 68% while the rest is urban population. Since the last census the
growth of the urban population has risen due to the migration form the rural areas being a
crucial factor contributing in the process.

India is the sanctum sanctorum of the biodiversity and it hosts a huge variety of plants and
animals and is recognized as one of the eight important “Vavilorian” centres of origin and
crop diversity. India covers 8% of total global biodiversity and is estimated with 49,000 types
of species of plants out of them 4900 are endemic 105. The ecosystem of the north eastern
states of India particularly Khasi and Mizo Hills, Vindhya and Satpura ranges of Northern
peninsular India, the Western Ghats and the Himalayas precisely contain nearly 90% of the
country’s plant species and they play a pivotal role in the ayurvedic treatment and
medicines106. The animal species are also no less diverse as it consists 2,500 fishes,1,200
birds, 850 types of mammals,450 types of reptiles, 68,000 types of insects,150 types of
amphibians.107
No wonder India is tagged as a mega-biodiversity area, but it has also two of the world’s
threatened hot-spots i.e. the Eastern Himalayan region and the Western Ghats. In words of the
renowned Professor M.S. Swaminathan, “both are paradises of valuable genes but are
inching towards the status of Paradise lost”.108Out of India’s recorded list of wild flora and
104
T. S Vajaranant, S. Nayak, Gender and glaucoma: what we know and what we need to know, 21(2), COO, 91, 97-
99, 2010. (June 18 10:20 A.M.) https://dx.doi.org/10.1097%2FICU.0b013e3283360b7e.
105
M.N.V. Anil, Kanchan Kumari, S.R. Wate, Loss of Biodiversity and Conservation Strategies: An Outlook of
Indian Scenario, 3, AJCB, 105, 109-110, 2014. (June 18 11:29 A.M.)
https://www.researchgate.net/publication/274458567_Loss_of_Biodiversity_and_Conservation_Strategies_An_Outlook_of_Indian_Scenario.

106
Hillsof Penisular India: Aravalis, Vindhyas, Satpuras, Western & Eastern Ghats, PM Fias. (June 18 11:29
A.M.)
https://www.pmfias.com/hills-of-peninsular-india-aravalis-vindhyas-satpuras-western-ghats-sahyadris-eastern-ghats

107
J.A. McNeely, Biodiversity Conservation and the Role of Global Community India: Worldwide Fund for Nature 9
(1994). (June 18 10:48 A.M.) 10.1098/rstb.2007.2165.
108
M.S. Swaminathan, & G.N Hariharan Parthasarathy Kesavan, Biodiversity Conservaton for agriculture, nutrtition
and health in an era of climate change, 6, CS,524, 524-525, 2019. (June 18 3:29 P.M.)
https://www.researchgate.net/publication/331502045_Biodiversity_conservation_for_agriculture_nutrition_and_health_in_an_era_of_climate_change.
 fauna, 10% of them are on the list of threatened species, of the Wild fauna the data are breath-
taking because 80 species of mammals, 15 types of reptiles, 3 types of amphibians, 47 types
of birds and the large population of moths, butterflies and beetles are in the endangered list
and also out of 19 species of the primates, 12 are endangered.109

The southern peninsula of India including the Southern eastern Ghats have more than 6000
species of higher plants out of which 2000 are endemic species 110. Out of these 2500 species
representing the 1000 genera and 250 families are used in the Ayurveda, Unani, Siddha and
Tibetan Medicine111. India has a coastline of about 8000 kms, the Exclusive Economic Zone

covers 2.02 million km2 and the coastal ecosystems have a variation of mangroves, salt
marshes, rocky costs, sandy stretches, estuaries, lagoons and coral reefs.112

3.4 Loss of biodiversity in India

Twenty-five biodiversity hot spots have been identified113 across the globe as areas of greater
biological endemism in the biosphere. Two of these are present in the Indian subcontinent, i.e.
the Eastern Himalayas and the Western Ghats. The threats to biodiversity Floral Species India
is blessed with wide variety of floral species in various biodiversity hotspots. According to an
estimate there are 7800 and above potential medicinal drug manufacturing units in India of
which annual consumption is of 2000 tons of herbs.114

The increase in development activity, floral species have been endangered and are moving
towards extinction. Wild life of India is abundant in wild life biodiversity and with wide
variation of species are there across the nation and through various biodiversity hotspots. But
with the human invasion and lack of proper scientific methods to manage the adversaries and
developmental activities which leads to extinction as well as threat of extinction of species. It
is also to be noted that many species have been annihilated and unrecorded because they were

109
A Balasubramanian, Biodiversity Profile of India, 3, TR, 131, 134-36, 2017. (June 18 10:20 A.M.)
10.13140/RG.2.2.10664.57601.
 
110
Sudarshan Bhat & Dudani, Sumesh & Chandran, MD & Ramachandra, Sahyadri Shilapushpa: LICHENS OF
WESTERN GHATS,34, SAHYADRI E-NEWS, 2011. (June 18 12:30 P.M.)
https://www.researchgate.net/publication/257214000_Sahyadri_Shilapushpa_LICHENS_OF_WESTERN_GHATS.

111
Bahadur, Bir & KJ, Reddy & MLN, Rao, Medicinal plants: An Overview, 2007. (June 18 09:20 A.M.)
https://www.researchgate.net/publication/311354072_Medicinal_plants_An_overview.

112
S. Prakash & Chinnasamy, Ramesh & Sivakumar Kuppusamy, (2013). Techniques and Methods to Assess, 15,
WII,
330, 333-345, 2018. (June 19 9:39 A.M.)
https://www.researchgate.net/publication/280717931_Techniques_and_Methods_to_Assess_and_Monitor_Coastal_Habitats_in_India.

113
Marchese & Christian, Biodiversity hotspots: A shortcut for a more complicated concept, 3, GEC, 297, 308-309,
2014. (June 19 2:39 P.M.) https://doi.org/10.1016/j.gecco.2014.12.008.
114
Sandhya Wakdikar, Global health care challenge: Indian experiences and new prescriptions, 4, EJB, 78, 80-82,
2004. (June 19 4:20 P.M.) 10.2225/vol7-issue3-fulltext-5.
 not that spectacular or because their existence remained unknown.

Birds are considered an indicator of the good condition of the natural environment. In India
Birds play an important role in the traditional life style and dressing habits of many tribes in
the State. The tribal people use the beak of the bird as a headgear to be worn as a traditional
knot on the forehead. Among the endangered bird species the highly vulnerable species are
the monal pheasant (Lophophorus impeyanus), koklas pheasant( Pucrasia macrolopha),
western tragopan ( Tragopan melanocephalus), Himalayan snow cock( Tetraogallus
himalayensis), golden eagle( Aquila Chrysaetos), steppe eagle (Aquila nipalensis), black
eagle( Lctinaetus malayensis), and bearded vulture ( Gypaetus barbatus)115. Most of the loss
of biodiversity among birds is not yet reported as expected.

For example, WWF India in the 1991 conducted a census to calculate the population of
peacock in India and it was revealed that only 50% of total peacock were left that existed
during partition in 1947.116 Unfortunately the green Peacock is technically considered as to be
extinct, and the other species are under threat of soon being listed up in the endangered
species list. Similarly the Siberian crane that used to wintering in India and Iran has now
extinct due to the excessive hunting, and also the western population is almost wiped out and
near to extinction.117

The eastern population breeding in East Siberia and wintering in China is endangered as the
wintering grounds are threatened (Meine et al., 1993).118 The Vulture decline was documented
by comparing results from road transects surveys of raptors across Northern and Central India
in 1991–93 and 2000 Constitutional Mandate on Biodiversity Protection in India.119The
preamble of Indian Constitution provides that ours is a socialistic country which ensures that
the State pays more attention to the problems in the society rather than the individualistic
problems.

The preamble also lays down that the great rights which people of India are entitled i.e.
justice, social, economic and political also includes the environmental justice. Right to know
115
Jayakumar, Samidurai, Endangered birds in India, (2018). (June 19 4:58 P.M.)
https://www.researchgate.net/publication/327189623_Endangered_birds_in_India.

116
Allan F. O’Connell, J. Nichols, Camera Traps in Animal Ecology, 54-57, K.U.Karanth, 1 st, 2011. (June 19 6:30
P.M.) 10.1007/978-4-431-99495-4.
117
Lawicki, Hamed, ‘Omid’: Last Wild Siberian Crane in the WP, 40, DB, 247, 249-252, 2018. (June 23 10:30
A.M.) https://www.savingcranes.org/species-field-guide/siberian-crane/.
118
MQ Shao, H Guo, Population sizes and group characteristics of Siberian Crane (Leuco-geranus leucogeranus) and
Hooded Crane (Grus monacha) in Poyang Lake Wetland,DY,35(5),373,377-379,2014. (June 23 12:20 P.M.)
https://doi.org/10.13918/j.issn.2095-8137.2014.5.373.

119
Prakash, MC Bishwakarma, The Population Decline of Gyps Vultures in India and Nepal Has Slowed since
Veterinary Use of Diclofenac was Banned,7(11), PO, 45, 49-50,2012. (June 23 05:30 P.M.)
https://doi.org/10.1371/journal.pone.0049118.
 is imbedded in the Article 19(1) (a) and there is a nexus between the right of life and liberty
under the Article 21 of the constitution. Article 21 has mainly in environmental matters
played a role of savior particularly against the secret government decision that may affect the
health, life and livelihood of the people. The right to know plays a very important role in
environmental matters.

The information of the governmental plans of the construction of dams or the proposed spots
for the nuclear or thermal power stations and hazardous industries which affect the lives and
health of the residents of that areas must be widely published. Right to know has received
statutory recognition by the enactment of the Right to Information Act 2005. It is also
necessary in the environmental matters. Right to freedom of Trade and Environment
protection under Article 19(1) (g) guarantees that all the citizens shall have the right “to
practice any profession or carry on any occupation, trade or business”. This right of the
citizens is not absolute.
It can be restricted and regulated by authority of law. It is subject to Article 19(6) under which

“reasonable restrictions” in the “interest of the general public” can be imposed. Thus,

environmental interest from the hazards of any trade or business can be protected.

Environment Protection and Right to Life Article 21 0f the Constitution which provides that

“No person shall be deprived of his life or personal liberty except according to procedure
established by Law”.120
Right to life do not just means the bare necessities of life like adequate nutrition, clothing and
shelter rather it also includes life with human dignity and facilities to express oneself in vivid
forms with the fellow humans. The magnitude of components of this right depends on the
extent of the economic growth of the country but it must include the right to basic necessities
for life”.

3.5 Biodiversity regulations and Legal Framework in India:

3.5.1 The Forest Act was passed in 1927 and its Objective were:
Consolidate laws regarding the forests, regulate and transit of the forest produce and to levy
duty on the timber and other products. The Act also empowers the State Government to
compose any forestland or wasteland as the reserved forest and issue notification in the

120
Indian Constituion.Art 21.
 official gazette.121 The notification should be published in official gazette and unless done it is
of no effect. The Act gives the procedural norms for claiming against the government for the
loss of legal rights of the indigenous people over the forests.

The forests in the villages are established and the village community is given rights for any
land which has been declared as reserved forest. The rules regarding the norms under which
the village community can get the fire woods and other forest products or pasture are to be
made by the state governments. There must be rules for the assignment of duties to the village
for the protection and improvement of the forests.

The Indian Forest Act 1927 consist of 86 section divided into 13 chapters. The term forest has
not been defined in the act, but the Allahabad High court while dealing a case referred to the
definition given by the Food and Agriculture Organization (FAO) as per which forest implies
“all grounds bearing vegetative affiliation outlined by trees of any size, misused or not, fit for
delivering wood or other food products. Section 2 of the Forest Act 1927 defines the terms
like “cattle” which includes nearly all animals and “forest produce” includes timber, charcoal,
wood-oil etc but it do not includes “ivory”.
Reserved Forests- It is dealt under Chapter II and under section it notified that the reservation
provisions for the mass of land under the State governments of the Indian Union. Under
Section 4 it declares that to comprise such land, as given in the Schedule with details of its
area, region and boundary description, into a Reserved Forest. The notice additionally
appropriately chooses the official of the State Government, by and large, the Deputy
Commissioner of the region as the Forest Settlement Officer. The official fixes a period at
least 3 months, to hear the claims and the objections of every person having or claiming any
rights over the land which is so notified to be reserved and conducts inquiries in the claims of
rights and may reject or accept the same. The officer is authorized to acquire land on which
right is claimed and for other rights like the right of way, right of pasture, right to forest
produce or right to watercourse, or option to water course, avoid such land in the entire or
part, or go to a concurrence with the proprietor for the acquiescence of his rights, or continue
to gain such land in the way recommended under the Land Acquisition Act 1894.

Village Forests- It is dealt under the Chapter III and under section 28 and government can
assign any village community the rights over a land that can be part of reserved forest for the
community.

Protected Forests- It is dealt under the Chapter IV and for the areas which is not the reserved

121
The Indian Forest Act, 1927, S. 34
 forest and over which government has got the property rights which has been claimed by the
state government under the section 29. It do not require tedious process of settlement like the
case in reserved forest.

There are other kinds of forests known as Non- government Forests, however it has not been
expressly mentioned as separate category but is dealt under the Chapter V. It basically covers
the lands and forests which are not under the control of government. The State government ca
regulate or prohibit the breaking of the land for cultivation, pasture land for the cattle or
clearing of vegetation’s to prevent damage against storms, or winds floods and in some cases
avalanches to restrict the soil erosion and continue to have water flows in the rivers, tanks so
that the human constructions like the roads, bridges, railways, and preserve the public health.

Drawbacks of the Indian Forest Act 1927-

The Act was not intended to protect the vegetation cover rather regulation of the cutting trees
and get revenue which is earned after the cutting of the trees from the forest products. It also
constraints the indigenous people who had rights and privileges to use the forests and its
products since time immemorial. It focuses on supplying the raw material for the forest based
industries, and forest in accepted as the significant factor in the ecological balance and
environmental preservation. The approach has been of revenue oriented towards the forest
and remained the same even after independence. So this act fails miserably to protect the
forests form the unscientific exploitation.

The Act of 1927 has denied any general ownership or the occupancy or property rights to the
occupiers of the land/tribal. The forest dwellers who used to live there for generations were
not given the rights of the forest and the forest products. Rather these forests were declared to
be the property of the government and if disputes then the Forest Settlement Officer is
empowered to decide the claim.
Forest Conservation Act 1980122-
It was passed and which was amended in 1988. The Act was enacted to clear all the problems in
the Forest Act 1927 and conserve the vegetation of the nation. The objectives of this Act was to
provide for the conservation of forest and therein matters related. The protection of forests is
necessary as deforestation causes the ecological imbalance and ultimately causes the
environmental deterioration. Deforestation is increasing in the country and is now a major
concern for the environment. The Act is about the restriction on the reservation of the forests or
the use of forestland for non-forest purposes.
122
The Forest (Conservation) Act, 1980, S 28.
 The Act allows for the deviation of the forest land only for particular purposes like meeting the
developmental needs of the humans i.e. drinking water projects, irrigation projects, transmission
lines, power projects or defense related projects, mining etc. For the diversions of the forest
land for non- forestry objectives, compensatory afforestation is stipulated and catchment area
treatment plan, rehabilitation plans or wildlife habitat improvement plan are implemented to
ensure mitigation of the harmful effects of the diversion of such vast green forests.

3.6 Wildlife (Protection) Act 1972123-

The primary objectives of the enactment is to provide protection to the wild animals, birds
and plants. The Act empowers the Central Government to declare certain areas as Sanctuaries
or National Park. The Act has been enforced for the two main purposes i.e. to give protection
of wild creatures, birds and plants and for the issues by chance or incidentally associated
therewith and ensure the natural and ecological security of the nation.

The Wildlife (Protection) Amendment Act 2006 came into effect from September 4 of 2006
with the following feature: The duration and value of the sentences for disturbing the tiger
reserves have been enhanced.

Hence, the penalty imposed for the crime related to the core area of a tiger reserve, in case of
first conviction, the imprisonment will not be less than three years which can be extended up
to seven years. The National Tiger Conservation Authority (NTCA) and the Wildlife Crime
Control Bureau is to be constituted within six months from the date of commencement of the
Act. In this regard the Bureau is empowered to set up and gather intelligence information
relating to wildlife crime in association with the State Governments, and develop scientific
and professional investigation mechanism to check wildlife crimes so that the prosecution of
wildlife crime becomes easier.

The important steps taken by the Central Government of India for the wildlife protection are:

Wetland (Conservation and Management) Rules 2010 was drafted to ensure protection of the
Wetlands in India.

The Central Government came with an action plan i.e. National Plan for Conservation of
Aquatic Eco-system that aids states for the management of all the wetlands.
To eradicate the illegal trade in wildlife species and their products, Wildlife Crime Control
Bureau has been established. The Special Organizations like Wildlife Institute of India,

123
The Wild Life (Protection) Act, 1972, Sec 24.
 Bombay Natural History Society and Salim Ali Centre for the Ornithology and the Natural
History were established to conduct the research on conservation of wildlife. Government
banned the veterinary use of the diclofenac drug to save the endangered Gyps vultures in
India.124

Central Government initiated Integrated Development of Wildlife Habitat Scheme to ensure

the restocking of the endangered species and later modifications were done to include a new
component, Recovery of Endangered Species which had a list of animals like Hangul/ Stag
deer of Jammu Kashmir, Himachal Pradesh, Uttarakhand and Arunachal Pradesh, swiftlet in
Andaman & Nicobar Islands, Nilgiri Tahr in Tamil Nadu, Sangai Deer in Manipur. The
technical and financial assistance is an extension to the state government so to provide better
methods of protection and conservation of the particular species.

The State Governments have been instructed to strengthen their ground information and
increase the patrolling in protected areas.125 Central Government specified anti- poaching
activities and started special patrolling scheduled strategy during the monsoon season. The
anti- poaching squad has been deployed by the National Tiger Conservation Authority a body
composed by the central Government of India to protect the tigers. A Special Tiger Protection
Force (STPF) has been composed and deployed in Karnataka, Maharastra and Odisha,
meanwhile there has been E- Surveillance started in the Kaziranga National Park in Assam
and in borders of the Ratapani Wildlife Sanctuary in Madhya Pradesh.126

3.7 Environment (Protection) Act, 1986127

The sstatement of objects and reasons for the enactment of this law amply demonstrates the
anxiety of legislature to take immediate action post Bhopal Gas Tragedy to prevent
environmental harm and protect the environment, the various activities of the Central and
State authorities established under the previous laws such as Water and Air Act. It is also an

124
Cuthbert, Richard & Taggart, Mark & Saini, Mohini & Sharma, Anil & Das, Asit & Kulkarni, Mandar & Deori,
Parag & Ranade, Sachin & Shrigarpure, Rohan & Galligan, Toby & Green, Rhys, Continuing mortality of vultures
in India associated with illegal veterinary use of diclofenac and a potential threat from nimesulide, 50,CUP, 104,
110-112, 2015. (June 25 10:20 A.M.) //doi.org/10.1017/S003060531500037X.
125
Naz, Sanam Hussain, Current trends in Wildlife Conservation; A review, 44, IJFBS, 44-48, 2016. (June 25 10:28
A.M.) https://www.researchgate.net/publication/308610297_Current_trends_in_wildlife_conservation_A_review.

126
A. Saikia, The Kaziranga National Park: Dynamics of Social and Political History, 7, CS, 72, 79-83, 2009.
(June 25 3:20 P.M.) 10.4103/0972-4923.58643.

127
The Environment (Protection) Act, 1986 No. 29 of 1986, Sec 30.
 enabling law which acts as joint for the essential legislative policy on environmental
protection and delegate’s wide powers to the executive to ensure the bureaucrats frame
necessary rules and regulations.
Environment “includes water, air and land and the interconnectedness between them and
human beings, other living creatures, plants and microorganisms and property 128. The
Environmental Pollutant “means any solid, liquid, or gaseous substance present in such
concentration as might be, or tend to be damaging to environment.

The government has kept issuing notifications and guidelines under the Environment Protection
Act-

 Doon Valley Notification of the 1989 has restricted the established of an industry where
the daily consumption of fuel/ coal is above 24MT (million tons)/day in the Doon
Valley.129
 According to the Coastal Regulation Zone Notification (1991),the dumping of ash or
otherwastes in the Coastal Regulation Zone is restricted and thermal power plants ( just
foreshore facilities for transport of crude materials, facilities for the intake of cooling
water and outfall for release of treated waste /cooling water) which require clearance from
the MOEF.130
 Dhanu Taluka Notificiation (1991) where this particular district has been declared as an
ecologically fragile region and setting up of the power plants in its proximity is
prohibited.131
 Revdanda Creek Notification (1989) strictly restricts establishing of any industries in the
area around the Revdanda Creek as per the rules mentioned in the notification.132
 The Environment Impact Assessment of the development projects Notification (1994 and
as amended in 1997)133 and as per this notification :
128
Ibid, Sec 2.
129
Kumar Vijay, Ambient Air Quality and Noise Status for Dehradun, Uttarkhand, India, 10, JERD, 91, 96-98, 2015.
(June 25 12:30 P.M.)
https://www.researchgate.net/publication/342803115_ASSESSMENT_OF_AIR_QUALITY_IN_DEHRADUN_CITY_OF_UTTARAKHAND_IMPACT_OF_VEHICULAR_POLLUTION_IN_DOON
_VALLEY.

130
H.A. Chouhan, Urban development, Environmental Vulnerability and CRZ Violations in India: Impacts on
fishing communities and sustainability implications in Mumbai Coast, 19, ED, 971,983-985, 2017. (June 26 10:28
A.M.)
https://doi.org/10.1007/s10668-016-9779-6.

131
Ibid.
132
Syed Ussain Saheb, Sepuri Seshaiah, Environment and Their Legal Issues in India,1(3),IRJES,44,47-51,2012.
(June 26 1:20 P.M.)
https://www.researchgate.net/publication/235791480_Environment_and_Their_Legal_Issues_in_India.
133
D. Kalita, Environmental impact Assessment in India: An Appraisal, 3, DR, 50, 52-54, 2016. (June 26 2:28 P.M.)
http://www.dimorianreview.com/2016/01/environmental-impact-assessment-eia-in.html.
  The projects listed under the Schedule 1 require environmental clearance from the MOEF.
 The New Industrial Policy categorized projects require the clearance from the MOEF.
 The projects whether under or not in the Schedule 1 if located in the fragile regions must
obtain the MOEF clearance.
 It is compulsory for any industrial projects above Rs 500 million to get a clearance
certificate from the MOEF and get an NOC from the SPCB and the State Forest
Department if its located in the forestland. Once NOC is obtained, it is converted into an
industrial license by the state authority.
 The notification stipulates for the procedural requirements for the establishment and
operation of new power plants. The two stage clearance for the site- specific projects like
the pithead thermal power plants and the valley projects is a requirement. Site clearance is
the first stage and the second stage is the environmental clearance. Public hearing is a
mandatory for the projects covered by this notification. It’s a major step towards the
providing of transparency and greater role to the local communities.

 Ash Content Notification (1997)134 makes it a prerequisite requirement that ash content
should not exceed 34% and it will have effect from June 2001. It applies to all the thermal
power plants located within the parameter of one thousand kilometers from the pothead
and any thermal plant located in the urban area or sensitive area irrespective of the
distance from the pithead except any pithead power plant.
 Taj Trapezium Notification (1998)135 had provided that no thermal/nuclear power plant
could be set up in the geographical territory of the Taj Trapezium doled out by the Taj
Trapezium Zone Pollution (Prevention and Control) Authority.
 Disposal of Fly Ash Notification (1999)136 had its significance which was to preserve the
topsoil, and ensure nature and forestall dumping of any fly ash released from the lignite-
based power plants. The notable features of this notification was that no person was
allowed within the radius of 50km from the coal or lignite based power plant to
manufacture clay bricks or the tiles without mixing of at least 25% of ash with the soil on
the weight- to-weight basis.
 All the coal or lignite based power plants should make obtainable ash for at least 10 years
initiating from the point of publication of this notification and that too without paying any
consideration, for the objective of manufacturing ash-based items like the concrete

134
Javed & Akhtar, Fly ash Utilization in different sectors in Indian Scenario,1, IJETED,1,11-14,2011 ( June 26 9:29
P.M.) https://www.researchgate.net/publication/261993642_Fly_ash_utilization_in_different_sectors_in_Indian_scenario.
135
MC Mehta v. union of India, 1997 2 SCC 353, 1996.
136
Dr. F.S. Umrigar,A Study utilization Aspect of Fly Ash in Indian Context,2,NCEVT,4, 7-9,2010. (June 26 10:38
P.M.) https://www.researchgate.net/publication/281271952_A_STUDY_UTILIZATION_ASPECT_OF_FLY_ASH_IN_INDIAN_CONTEXT.
 blocks, bricks, panels, cement or any other construction items which can be used in the
building of the roads, dams, dykes, embankments or other possible construction activity.

Biological Diversity Act 2002137 the primary aim is to ensure the Conservation of the
Biological Diversity and to use the components in sustainable way to confirm the fair and
justifiable sharing of the benefits arising out of the use of natural resources, knowledge and
formatters, connected therewith or incidental thereto. To achieve its aim the following
prohibitions have been imposed: No person (Citizen of India, NRI and body Corporate) shall
undertake Bio diversity related activities without the approval of the National Authority.

The Guidelines for the collaboration of research projects is given under Section 5 which
involves transfer or exchange of the biological resources or the information relating between
institutions, including the government sponsored institutions of India and similar institutions
of other countries. According to Section 39 establishment of the Designated National
Repository (DNR) is an important part of the building of the infrastructure for biodiversity
conservation. DNR consists of the service providers and the repositories of preserved
specimen consisting of all fauna, herbarium (dried plant material for research), genomes of
organism, specimens of all fauna and the information relating to the heredity and the
functions of biological systems.

The National Biodiversity Act has prepared guidelines on DNR and issued a notification
regarding the same, and access to such bio- resources or associated to the knowledge for
research or for commercial purposes by foreigners ( Section 3) and the assurance of impartial
benefit-sharing which emerged out of the utilization of natural resources, their by-products,
developments, and practices related with their utilization and applications and information
(Section 21 of the Act), and the exchange of consequences of research relating to any
biological resources that occur or obtained from India for further research or
commercialization ( Section 4 ).

The Act does not provide any person to transfer the results of particular research for
biological resources obtained from India for pecuniary consideration foreign nationals,
companies or NRI’s without the prior approval of the authority (Section 4). Approval of the
transfers must be done on basis of application to authority. The authority will within 3 months
from the receipt of the application shall take a decision on it. The act provides for the setting
up of the biodiversity funds at the national, state and local levels. Benefits shall be given
directly to individuals or groups of individuals only cases where the biological resources or

137
The Biological Diversity Act, 2002 No. 18 OF 2003, Sec 7.
associated knowledge are accessed directly through them.

The Act is in line with the provisions of the international laws and policies, mainly CBD and
the Bonn Guidelines. The entire procedures are described in the Act and can be contributed
substantially to facilitate an International regime on genetic resources and traditional
knowledge.

3.8 THE SCHEDULED TRIBES AND OTHER TRADITIONAL FOREST DWELLERS (RECOGNITION
OF FOREST RIGHTS)

2006 THE FOREST (RIGHTS) ACT, 2006 CONSISTS OF VARIOUS PROVISIONS.

One of the Provisions of the Act states, “Where the forest rights perceived and vested by
subsection
(1) Are in regard of land mentioned in clause (a) of subsection (1) of section 3 such land shall
be under the control of an individual or family or community on the date of commencement of
this Act and will be confined to the area under actual occupation and shall for no situation
surpass an area of four hectares. The community has the following rights over community
forest resources to protect and/or conserve them; to manage them; to regenerate them (e.g.
through planting of native trees/shrubs/ grasses or through natural regeneration); to sustainably
use these resources. In particular, the functions of the gram Sabha (or any other village
institution, or even individual forest rights holders) are to protect wildlife, forest and
biodiversity; protect adjoining water sources and “catchment areas”; protect the habitat and
“cultural and natural heritage” (e.g. sacred groves, religious sites, mountains, water bodies etc)
of their community from destruction; and finally, the gram Sabha can make rules for
regulating access and protecting wild life, forests or biodiversity of community
Forest resources, and it (or any forest rights holder) has the power to ensure that these
decisions are followed. Policies and Plans implemented by Indian Government Background of
‘The National Environment Policy, 2006’:

The initiation of the strategy- formulation for enviro- justice and protection in a
comprehensive manner.

It takes into consideration the factors responsible for the land degradation and suggestions for
the remedial measures to be taken in that direction. The Factors includes the fiscal, tariffs and
sectoral policies for their unintentional effect on the land degradation. The remedial measures
suggested to deal with the problem comprising of the traditional use of the land in
collaboration with the science- based techniques like the pilot- scale demonstration, large
scale dissemination, recognizing and adoption of the multi- stakeholder partnerships,
 promotion of the agro- forestry, organic farming, sustainable cropping patterns which are
environmental friendly and efficient in irrigation techniques. Conservation of Biodiversity in
India Forest biodiversity. India is gifted with vast forest resources.

Forests play a pivotal role in the development of the social, economic, cultural industrial
development of the country which ensures the ecological balance. The forest resources are the
powerhouse of the biodiversity. National Forest Policy 1988 aims at maintaining a minimum
of 33% of the country’s geographical area under the forest and tree cover138. Presently, the

total cover of the forest in India is 6, 92,027 km 2 which is approximately 21.05% of the land

mass of the country.139 Madhya Pradesh got the largest forest area (77,700km2) in India

followed by the north-eastern state Arunachal Pradesh (67,410 km2),

Chhattisgarh( 55,674km2 ), Maharashtra (50,646 km2 ) and Odisha (48,903km2 ) in terms of

percentage of forest cover with respect to total geographical area. Project Tiger Project Tiger
was initiated as a Central Sector Scheme in 1973 with 9 tiger reserves located in different

habitat types in 9 different states. There are totally 18 Reserves in 13 states.140

The drastic fall in the population of the tigers in India have ensured the efforts to save this
endangered species but with equal importance to the preservation of biotypes of different size
and magnitude.

The Orissa initiated the Crocodile Breeding Project which later extended to the several other
states in April 1975 with the UNDP assistance. The primary objective was to ensure the
protection of the three rare endangered species of crocodile – Gavialis gangeticus,
Crocodylus palustris and the salt water crocodile ( Crocodylus porosus).141
Lesser Cats Project- This project in India was initiated in the 1976 with the assistance of
WWF for four speices of lesser cats eg. Felis bengalensis Kerr, Felis marmorta Martin, Felis
lemruinki Vigors Horsfield and Felis Viverrina Bennet mainly found in the Sikkim and
Northern part of West Bengal.
The Manipur Brow- antlered Deer project- This project in Manipur was launched in 1981 to

138
Forest Policy Reforms in India- Evolution of the Joint Forest Management Approach, A.K. Mukerji. (June 28
11:36 a.m.) http://www.fao.org/3/XII/0729-C1.htm#fn1.
139
Kiran Pandey, India’s forest cover goes up by nearly 3% this decade; but all is not well, Down To Earth, 30
December 2019 (June 30 9:35 A.M.) https://www.downtoearth.org.in/news/forests/india-s-forest-cover-goes-up-by-nearly-3-this-decade-but-all-is-not-well-68624.
140
Revised Guidelines for the Ongoing Centrally Sponsored Scheme of Project Tiger, NTCA, F.NO.3-1/2003-PT,
Ministry of Environment & Forests Government of India. (June 30 9:19 P.M.)
http://www.indiaenvironmentportal.org.in/files/revised_guidelines_css_pt.pdf.

141
A. K Lala Singh, Gharial Conservation in Orissa, 12, Indian Forester, FTR, 823, 826-828, 1978. (June 30 4:32
P.M.) 10.2174/9781608054855113010007.
 save the brow- antlered deer (Cerevus eldi eldi) which is on the edge of extinction. This
habitat is extended in 35sq.km. of park and sanctuary.142

Project Elephant- It’s launched in 1991 to protect the endangered Asiatic elephants which is
poached at large scale for its tusk used for making ivory. Project Rhino- It was launched in
1987 in the Kaziranga Wildlife Sanctuary in Assam to save the critically endangered
rhinoceros from extinction. It covers a geographical area of 430sqkm and is the natural
habitat of the rhinos. Himalayan Musk Deer Project- It was launched in 1981 to save the
critically endangered musk deer which is on the edge of extinction due to poaching. Captive
breeding has given positive results.143

List of Legislations on Environment in India

Factories Act 1948 and amendment in It was first ever to show

1987 concern for the working
environment of the workers.
The amendment in 1987 has
sharpened its environmental
focus and expanded its
application to hazardous
processes.
Wildlife Protection Act 1972-1973 and the It protects the animals and
Amendment in 1991 birds for all the matters that
are related to it and their
habitat or the waterhole or
the forests that sustain them.
Water (Prevention and 1974 It establishes institutional
Control of Pollution) Act structure for the prevention
and abatement of water
pollution. CPCB was
constituted under this Act.
Water ( Prevention and 1978 The law contains the
Control of Pollution) Cess standard definitions and
Rules indicate the kind of and
location of meters that every
consumer of water is
required to affix.
Forest (Conservation) Act 1980-81 It provides for the protection
142
Report on the Population & Habitat Viability Assesment,S. Walker 11-13 October, Coimbatore, India (Jun3 30
8:39P.M.) https://zooreach.org/downloads/ZOO_CAMP_PHVA_reports/1992_Sangai_PHVA_report.pdf.
143
Paras Bikram Singh, Ecological correlates of Himalayan musk deer Moschus leucogaster, 9, EE, 4, 16-18, 2018.
(June 30 10:38 P.M.) https://doi.org/10.1002/ece3.4435.
and Rules of and the conservation of
the forests.
Air ( Prevention and Control 1981 It provides for the control
of Pollution) Act and abatement of air
pollution. It gives power of
enforcement to the CPCB.
Air ( Prevention and Control 1982 It defines the procedures of
of Pollution) Rules the meetings of the Boards
and the powers entrusted to
them.
Environment (Protection) 1986 It authorizes the central
Act government to protect and
improve the environmental
quality, control and reduce
pollution from all sources.
Environment( Protection) 1986 It lays down the procedures
Rules for the setting standards of
emission or the discharge of
environmental pollutants.
Air( Protection and Control 1987 It empowers the central and
of Pollution) Amendment state pollution control
Act boards to meet with grave
emergencies of air pollution.
Objective Hazardous Waste 1989 It specifies the terms used in
the context and sets up and
(Management and Handling) authority to inspect, once a
Rules year and the industrial
activity connected with
hazardous chemicals and
isolated storage facilities.
Public Liability Insurance 1991 and amendment in It was drawn to provide
Act and Rules 1992 public liability insurance for
the immediate relief to the
persons affected by accident
while handling any
hazardous substance.
National Environment 1997 It has been created to hear
Appellate Act appeals with respect to
restrictions of areas in which
classes of industries etc. are
carried out or prescribed
subject to certain safeguards
under the EPA.
Biological Diversity Act 2002 It is an act to provide and
conserve biological
diversity, sustainable use of
its components, and fair and
equitable sharing of the
benefits arising out of the
use of biological resources
and the knowledge associate
with it.
 Chapter 4
ROLE OF JUDICIARY IN PROTECTION OF BIODIVERSITY

1.1 Introduction

The Constitution of India makes the judiciary independent and it is vested with powers to check
on the other organs of government as whether they are working under constitutional limits or
not. Supreme Court is at the top of the legal hierarchy and has power to issue writs which is its
original jurisdiction for the infringement of the Fundamental Rights guaranteed by the
Constitution. It has Appellate Jurisdiction in particular civil and criminal cases and it acts as
watchdog against the violation of the fundamental rights which has been guaranteed under the
constitution. The laws which are contrary to the provisions of Constitution can be strike down
by the Supreme Court or the High Court.
The writ of mandamus is issued when any government decision is challenged before the higher
judiciary so that to ensure that the states comply with their obligations. It has the power to
review any law made by the Legislature, and judicial review of the execution order, legislation
and judicial and quasi-judicial orders are recognized as part of the basic structure of the
constitution. The Apex Court is the final arbitrator and the interpreter of the Constitution and
this power cannot be taken away by an amendment of the Constitution. The law declared by the
Supreme Court is binding on all authorities and courts.144
Supreme Court gives due importance to the international conventions and the norms for
construction of domestic laws, and also when there is no inconsistency between them and there
is void in domestic law. In environmental law cases the supreme court have based its decisions
mainly on the international recognized principles like the sustainable development, polluters
pay principle, precautionary principle and the restitution of the environment. These particular
principles were later incorporated in the national policy and laws relating to the environment.

1.2 Precedents

The interpretation of the Article Art 48(A) and 51(A) by the Supreme Court that ensures a duty
on the citizens to cast a corresponding obligation on the state to protect and improve the
environment. Regarding the fundamental duties the court has stated that it is the duty of the
Central Government to instruct all educational institutions all over India to teach lessons in
schools for at least one hour per week relating to environment i.e. forests, rivers and wildlife
and distribute text books on such subjects free of cost to educational institutions.
In R.L. & E. Kendra, Dehradun v. State of U.P 145, (also known as the Doon Valley Case)
was the first case where the apex court took cognizance of the environment and the
alarming rate of the misbalance of the ecology which had caused a tussle between the
development and the conservation of the environment and court emphasized as to how to
reconcile the two in the greater good of the country.
In the case the court ensured the concern for the forests and was for maintaining the
ecological balance in the Doon Valley and it observed- the tapping of natural resources for
the development is done for the social improvement but due consideration must be given to
the ecology and the environment so that they are not seriously affected, and also the
exploitation of the water resources must be done with the implementation of proper
planning to keep up the national wealth.

Role of the Supreme Court of India in Forest Conservation:

The judiciary played a pivotal role in protecting forests and wildlife, by ensuring that the
core areas which are left by the legislative actions must be covered by the judicial
formulation, to ensure inaccessibility of those core areas by the general public. Besides,
emphasizing the significance of the forests, the courts have endeavoured to protect the
rights of persons who have been affected by the development projects and tribal people,
144
Constitution of India, Art.141.
145
(1985) AIR 652.
who form an integral part of the forest environment. The court relied on the public trust
doctrine146 to protect and preserve the forest and natural resources and they tried to enforce the
concept of sustainable development to solve the environment-development dilemma and upheld
the controls and exploitation of the forest resources.
The role of the Supreme Court of India is in special reference in developing the jurisprudence
for forest conservation in India. The independent judiciary embedded with the power of judicial
review has performed a stellar role in the conservation of Forest and wildlife in India. The
expansion of the locus standi has given momentum to judicial activism in the development of
environmental jurisprudence in India.147 The Supreme Court has interpreted and enforced the
provisions of Forest Conservation Act 1980 strictly in the T.N.Godavarman Thirumalpad v.
Union of India148. The Court issued sweeping directives to enforce the Forest Conservation Act.
The industries based on the wood were closed and an embargo was imposed on the exploitation
of forest and forest product.
The Court also created Central and State committees to enforce the directions it issued in this
case. Shree Bhagawati Tea Estates v. Government of India149 the Supreme Court examined a
number of issues with respect to the Forest Conservation Act. Firstly, the court looked at the
Kerala Private Forests (vesting and Assignment) Act 1971. This act was part of the agrarian
reform of the Kerala Government and it sought to acquire private forest lands for this purpose.
This acquired land was then to be distributed amongst landless peasants. The petitioner
challenged this act by saying that it was in direct violation of the provisions of the Forest
Conservation Act.
It was contended that this acquisition for agricultural purpose would mean clearing of forests on
such land, and this was not permissible without the approval of the central government. It was
also suggested that the Act prohibits the leasing of forest land to private and industries or
individuals and therefore, the acquired land could not be distributed to the landless. The Court
had firmly disallowed the non-forest activities and granting of lease for the non-forest activities
in forests.
In Dhirendra Agrawal v. State of Bihar 150 the renewal of the stone crushing lease by the
authority without the prior consent of the Central Government was considered as the grave
mistake and a serious breach of the duty. In State of Bihar v. Banshi Ram Modi 151 the court
146
(1997) 1 SCC 388.
147
Michael Faure & A. Vincent Raja, Effectiveness of Environmental Public Interest Litigation in India:
Determining the Key Variables, 21, FELR, 239, 291-294, 2010. (June 9 11:23 A.M.)
https://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?article=1668&context=elr.
148
2002 10 SCC 606.
149
1995 SCC (2) 452.
150
1995 SCC (4) 229.
151
1985 AIR 814.
clearly abhorred and strictly denied the access of forest land for the use of any non-forest
purposes. Similarly excavations of iron ore and tourism in forest were highly criticized by the
Supreme Court.

2.1 PIL and Protection of Biodiversity

The Public Interest Litigation (PIL) is allowed under “Doctrine of Public trust” and the
condition of “Locus standi” is done away.
Most of the PIL related to environment are allowed to protect fundamental right to life Article
21 (Right to healthy environment) and any public spirited person can approach the higher courts
for remedial measures. The Hon’ble Supreme Court has even observed that a simple post card
addressed to it can be considered as PIL. The higher courts have effectively used this tool to
draw attention of public and demanded actions from the executive.
The Supreme Court had realized that the majority of population has problem in accessing
justice and so adopted a progressive approach by relaxing the rule of standing and permitting
the citizens to file their own case in matters of public interest. During the 1980’s and 1990’s
there were several environmental issues that were presented to the apex court as PILs. The
formal pleading is not allowed in the PIL’s but the court may seek the assistance of an amicus
curie to help them in the case. The court may appoint commissioners or expert panels to verify
the facts and submit reports. Generally the agencies working in the environmental cases are the
government authorities like the NEERI and CPCB and who are asked to give recommendations
for the corrective action. The Court hears the reports and objections if any before giving any
judgment. The Court verdicts in PIL’s are not self-executing.
The nature of PIL’s are either declaratory or mandatory and the latter one’s are in the form of
continuing mandamus in which the Court gives specific directions to errant state authorities to
take specific steps. The Court monitors such orders and ensure their compliance and builds the
directions a fore-warning of the consequences of non-implementation even amounting to a
contempt of court. To ensure the enforcement, the court monitors implementation of its
decisions, seeks periodic report and keeps the litigation alive. If implementation lags behind,
the court asks officials t appear in personally in court and explain the matter. A large part of the
courts orders are complied with as there is a fear of being hauled up for contempt of court.
The declaratory PIL orders are in the nature of directions to the state authorities and require
their acceptance before implementation. For example, setting up of environmental courts;
introduction of environmental education in schools. The government is at liberty to examine the
implications of such order and take a decision. However, several such orders have been acted
upon by the government and are being implemented through incorporation of the principles
enunciated by the Court into policy formulation or enactment of new legislation a in the case of
establishment of an environmental court. Though not in the operative part, the interpretation of
Article 21 by the Supreme Court as inclusive of a right to a healthy environment has been
incorporated in the preamble of the National Green Tribunal Act 2010.
In view of the Supreme Court’s overzealous role in the matters related to the protection of
environment and human rights, it raised expectation in the eyes of public that in case there is
violation their fundamental rights relating to the environment they could directly approach the
Apex Court for relief. However the expectation is often misplaced in the cases regarding
environment and human rights where court is supposed to provide full justice. The Public in
large were surprised by the approach taken by the Supreme Court towards the relief and
rehabilitation of communities displaced by the mega development projects in the case of Sardar
Sarovar Dam and it’s failure in giving justice to the victims of the Bhopal gas tragedy involving
mass torts and gross violation of human rights.
The point was raised is that whether the Supreme Court was treading into areas which were
reserved for the executive and legislative wings of the State. The jurists advised that the
supreme court should exercise restrain the matter related to PIL’s involving environmental
issues such as degradation of forest, mining, land-use as the enthusiasm of judges sometimes
takes them beyond the bounds of the accepted law.

2.2 Eco – Tourism and the Role of Judiciary towards forest protection:

There are differing views on the benefits of eco-tourism.

While it provides opportunities for nature lovers to experience its beauty and appreciate its
importance, its promotion also results in polluting and harming the environment. The Eco-
Tourism is one of the primary objective of the projects for any biological park and it was
examined by the court in Niyamavedi v. State of Kerala 152, hereby the petitioners contention
was that any project for the Biological Park would seriously result in the detoriation of the
forests areas of the Kerala and if the project is materialized it will lead to pose potential threat
to the environment and ecology.
Although the project was cleared only after consulting many experts and they gave full support
to watch and observe the wildlife from close quarters without much interference to the sanctity
of the wild flora and fauna. The Kerala High court held that the government’s decision to
establish a park after such consultation was a policy decision which could not be interfered

152
(1990) 3 SCC 223.
with. According to the Court, the object of a biological park, not being a non-forest purpose,
prior approval of the Central Government was not necessary.

2.3 Forest Protection: Judicial perspectives pertaining to Mining:

In Samatha vs. State of Andhra Pradesh153, the guidelines for bureaucrats assessing an
application to mine in a forest were set out by the Supreme Court. The Court held that it is
accepted that the mining is detrimental for the forest health and growth but is part of the layout
industry, and provisions should be made for the investment or infrastructural planning to ensure
reforest the area which will help in some sort of protection of the environment and regenerate
the forest. In M.C. Mehta v. Kamal Nath 154 the court was brought to notice of the lease of the
areas of the land near the bank of the river Beas for the sole purpose of commercial exploitation
i.e. the motel of the respondent. The Court implemented the “Precautionary Principle” 155 and
“Polluters Pay Principle” and the motel authority were show caused as why the punitive fine for
the environmental pollution should not be imposed on them.
As the case was entertained under the Public interest Litigation under Art 32 of the Constitution
hence the “pollution fine” cannot be imposed under this Article and thus stated notice be
withdrawn.
In Ratlam Municpal Council v. Vardhichand156 in reference to environmental protection
Justice Krishna Iyar Observed that “social justice is due to people and therefore, the locus
standi shouldn’t be a bar to the people to trigger the jurisdiction of curt for the benefit of
functioning of any public functions. He recognized the Public interest litigation as the
constitutional obligation of the courts. In Rural Litigation & Entitlement Kendra,
Dehradun157 the Supreme Court entertained a letter as a writ petition under Article 32 of the
Constitution and took cognizance of the unauthorized and illegal mining in Mussoorie-
Dehradun belt which had seriously damaged the ecology of the area and caused
environmental disorder.
The protection of environment is not only the constitutional obligation of the State rather it
has been enshrined as constitutional duty and a social obligation for every citizen under
153
AIR 1997 SC 3297.

154
Supra Note at 2.
155
Nupur Chowdhury, & Santanu Sabhapandit, The Legal regime for application of the precautionary principle in
India: Future directions for the GM regulatory regime. International Environmental Agreements: Politics, Law and
Economics, 7(3), 281,296-298, 2007. (June 16 11:49 A.M.) 10.1007/s10784-007-9047-1.
156
1980 AIR 1622.
157
1985 AIR 652.
Article 51A (g) to conserve the environment with their own efforts. The society as a whole
is responsible for the protection of environment because any law by the state can’t be fully
effective unless the citizens are self-aware and consider it as their own duty to protect the
environment.
In M.C. Mehta v. Union of India 158( Kanpur Tanneries case) Public Interest Litigation was
filed by the social worker and Supreme Court advocate for restraining tanneries near Kanpur,
from polluting the river Ganga by discharging trade effluents into it. The Court issued various
directions to the tanneries and the Kanpur Nagarpalika to ensure that the trade effluents of the
tanneries be properly treated before their discharge.
Thus, by a writ petition which was concerned with the problem of tanneries situated near
Kanpur the Court passed orders which are applicable for all the areas situated at the bank of
‘Ganga’.

3.1 Evolution of Doctrines

Since last two decades from the Stockholm Declaration of 1972 to the Rio Conference of
1992 the concept of “Sustainable Development” has been widely recognized and accepted
to eradicate the poverty and uplift the quality of life of the humans while balancing the
development process while supporting the eco-systems. The Brundland Report defines
“Sustainable Development” as “the development that meets the needs of the present
without compromising the ability of the future generations to meet their needs”. 159
The concept of Sustainable Development has been recognized as a part of customary
international law and as a equating concept between the development and ecology,
although its salient features are yet to be finalized by the jurists, some principles are basic
tenets of the “Sustainable Development” as to be extracted from the Brundland Report and
other international documents, i.e. Inter-Generational Equity, Polluters- Pay Principle,
Precautionary Principle, Environmental Protection and obligation to assist and cooperate,
eradicate poverty and provide financial assistance to the developing countries.
The “Precautionary Principle” and “Polluters Pay Principle” are part of the Sustainable
Development and Indian judiciary has incorporated the Polluters Pay Principle as part of
the Indian environmental law jurisprudence and it can be evident form the judgments

158
1988 SCC (1)471.
159
N Kono, Brundtland Commission (World Commission on Environment and Development), In: Michalos
A.C. (eds) Encyclopaedia of Quality of Life and Well-Being Research. Springer, Dordrecht, 2014. (June 19
02:38 P.M.) https://doi.org/10.1007/978-94-007-0753-5_441.
delivered like Indian Council for Enviro- Legal Action v. Union of India 160were court held
that the act carried was hazardous and inherently dangerous. The management of the
companies under whose supervision such activity is carried on are liable to curb the loss
caused to other people due to their activity despite the fact that whether they took
reasonable care or not and this rule was wildly accepted due to the nature of the activity
done.
In Vellore Citizens Welfare Forum v. Union of India 161 Court went on the extent to
interpret the Polluters Pay Principle as to mean the absolute liability for the harm caused to
the environment and the costing won’t be just to compensate the victim rather than also
restoring the environmental degradation. The recovery and restoration of the environment
is part of the cycle of “Sustainable Development” and polluter is liable to pay the cost to
the individual victims and also the damages for reversing the damaged ecology”. In Oleum
Gas Leak case (M.C. Mehta v. union of India) 162 it was laid that an enterprise dealing in
the hazardous industry poses a potential threat to the nearby surrounding areas and their
inhabitants and they owe them an absolute and non-delegable duty so to guarantee that
there won’t be any harm caused to them due to the hazardous or dangerous nature of the
activity which is undertaken by them. The management of the enterprise will be absolutely
liable for such harm caused and they will be liable to pay the compensation despite the fact
that they took due and reasonable care to avoid such harm.
The compensation depends on how big the enterprise is and the amount payable to the
victims of the accident in carrying the hazardous or dangerous activities by the enterprise.
In MC Mehta v.Kamal Nath & Ors. 163 It was held that the pollution being a civil and tort is
committed against the society as a whole and any person liable to harm the environment
and ecology will be made to pay the society.
In the Polluters Pay Principle the government is not obliged to cover the costs of either the
prevention of the accident or taking any remedial action, it is because if such done the
financial burden of such pollution expenses will be directly on the taxpayers pocket.
It can be concluded that the Polluters Pay Principle has definitely minimized the damages
which used to cause to the environment and the existing provisions are inadequate and
ambiguous as to how clearly identify the actual polluters.
The challenges for the courts become real when the polluter is a part of the “production
chain” and so it gets difficult to set the parameters of extent and contribution of several

160
1996 SCC (3) 212.
161
 (1996) 5 SCC 647.
162
1987 SCC (1) 395.
163
Supra Note at 2.
polluters causing pollution. In this principal the sum of the compensation charged upon the
damage caused to the environment usually remains inadequate in comparison to the loss
actually occurred. The Indian courts have particularly embraced the precautionary
principle. “The principle invokes the anticipation of the environmental harm and taking
actions to curb them or avoid them or to opt for activities which are least harmful for the
environment.
It’s mostly based on the scientific uncertainty. The environment protection should not be
narrowed down just to aim at the protection of health, prosperity and economic interest,
rather protecting the environment for its own sanctity. The duties based on the
precautionary principles not just trigger the suspicion of the danger rather justified by the
potential risk or concern.
Precautionary Principle mainly suggests that there is always identifiable risk of serious or
irreversible harm i.e. extinction of the species, toxic pollution in serious and major threats
to the essential ecological processes and it will be appropriate to place the burden of proof
of proof on the person, entity who propose the activity that is potentially harmful for the
environment.
On other hand it is to be seen that the effect of the establishment of industry on the ecology
of the environment and to what extent the environment is to suffer, and then take
mitigating steps to set them off. In Vellore Citizens Welfare Forum v. Union of India164 the
public interest litigation was filed under article 32 of the Constitution of India, and it was
caused against the discharge of the untreated effluent against the serious pollution caused
by the untreated and unchecked discharge of effluents by the tanneries and other industries
in State of Tamil Nadu.
The Supreme Court noted: “though the importance of leather industry cannot be ignored as
it generates foreign exchange and provides employment to many people however it has no
right to destroy the ecology, degrade the environment and pose as a health hazard.”165 The
Court recognized that a balance must be struck between the economy and the environment:
“The traditional concept that development and ecology are opposed to each other, is no longer
acceptable; ‘Sustainable Development’ is the answer”.166

4.1 Judicial Activism

Judicial activism can be defined as the “philosophy of judicial decision making whereby judges

164
Supra Note at 17.
165
Ibid.
166
1996 SC 1446.
allow their personal views about public policy, among other factors, to guide their decisions. 167
According to Menski- Judicial activism is inherent in the judicial review. 168 Its positivity or
negativity depends on the one’s vision as to what they mean as social change. Judicial activism
is not an aberration but it is a normal phenomenon and judicial review is bound to mature into
judicial activism. It must operate within limits, and there is a correlation between environment
and judicial activism. Judiciary keeps active role in protecting environment.
Judicial activism is the lively process of the judicial observation in the changing society. It is
the process where the judiciary takes over the role of legislature and make rules and regulations
filling the loopholes left by the enactments. The judicial activism can be looked from other lens
as well i.e. when the legislature suggests stringent, neutral unbiased observation of the laws
made by the Parliament and amendments of the existing enactments to make them more
constitutionally compatible. Judicial Activism means that in place of judicial restraint, the
Supreme Court and lower courts becomes active and direct the authority to act and also direct
the government to make government policies and alteration in administration based on such
directions.
It’s a mode of justice delivery to the poor and the aggrieved citizens and it is the interference of
the judiciary in the legislative and the executive arena. It mainly occurs due to the non- activity
of the other organs of the government. In the recent trends as Parliament has become less
representative of the people’s will and interest, which leads to growing frustration in this
democratic country.
Initially the judiciary was reluctant to accept the concept of Judicial Activism where the
fundamental rights, principles of state & state constitution were interpreted in a static and
colonial manner but recently it seems that there is gradual shift towards the judicial
activism.The contemporary trend of judiciary is now to safeguard and expand the individual
rights through the process of judicial decisions that separate from the established principles,
precedent and through legislative intent.
Recently, the courts have followed a trend of delivering judgments regarding personal liberty,
illegal detention, environmental and consumers matter, health related problems, right of
children and women, minority affairs and human rights issues, and it is done by interpreting the
procedural rule and various laws for a better regime of social justice which is known as judicial
activism.
A remarkable feature of this development is the growing application of judicial activism in the

167
Frank & Lindquist, The Scientific Study of judicial Activism, 91, MLR, 7, 9-11, 2006. (June 23 9:28 A.M.)
http://ssrn.com/abstract=939768.
168
Shabbir, Syeda, Judicial Activism Shaping the Future of Pakistan, 10, SSRN, 37, 39-43, 2013. (June 23 11:57
A.M.) 10.2139/ssrn.2209067.
environmental protection which goes beyond the mere enforcement of the statutory provision of
the environmental las and embraces restitution and injunctive relief on the basis of
constitutional jurisprudence and weaving environmental jurisprudence and law terms such as-
‘sustainable development’, ‘polluters pay principle’, ‘doctrine of trust’, and ‘intergenerational
equity.’ That is why the Supreme Court had to expand its jurisdiction by, at times, issuing
directions to the executive. In recent years law making has assumed new dimensions through
judicial activism of the courts. The judiciary has adopted a healthy trend of interpreting law in
social context.
This Activism is due to the failure of the other organs of governance and the growing
challenges in front of the judiciary and the lack of enthusiasm and failure on part of the
Executive i.e. corruption, delay, non-responsive, inefficiency etc.

4.2 Judicial Overreach

It denotes to the overstepping of the judiciary in name of the judicial activism which somehow
turns out as arbitrary, unreasonable and frequent interventions duly made by the judiciary in the
legislature’s domain and with clear intention to infringe the balance of powers between the
three pillars of democracy i.e. legislature, executive and judiciary. It is here that courts
encroaches upon the role of the legislature by making laws.
The Cases where the courts encroach upon the role of executive by making rules or indulging in
censorship can also be termed as judicial overreach.

Manifestation of Judicial Overreach – It was the striking down of the NJAC Bill by the
Supreme Court which was proposed by the body which would have given it powers to appoint
judges to higher judiciary. Passed by both houses of parliament it was termed as the
unconstitutional by constitutional bench of the Supreme Court and now has been repealed.
Characteristics of Judicial Overreach:
The line between the judicial activism and judicial overreach is thin and in plain words it can be
said that judicial activism crosses its limits and then it becomes judicial adventurism. It is
known as judicial overreach. Basically the judiciary oversteps on the power given to it and
interfere in the functioning of the legislature or executive organs of the government.
2000-Till now: This is the phase of judicial activism along with instances of judicial overreach.
In this globalization era the laws are now more complex due to the interconnectedness of people
from different part of the world. The growing consciousness among people and the pivotal role
played by the media and the civil society organizations. The number of Public interest
Litigations are rising as the growing concern for the environment. Although, judicial review is
legitimate domain of judiciary but then a limit or boundary has to be drawn.
Judiciary is also an institution of the democracy and must be accountable and should exactly
know its limits. It should not try to bypass Parliament to frame laws and be a super executive
that seeks to implement those laws. The quality of the mainstream judiciary can be made better
by the comprehensive and integrated approach, and paying more focus on the improvement of
the judicial infrastructure and reducing indiscipline.
Judiciary overreach is the upsetting the constitutional balance among the three organs of state-
the legislature, the executive and the judiciary. Judicial activism is considered necessary and to
restore the erroneous decisions of the executive. It has grown out of a situation that the idea of
separation of powers, which should be considered as the feature of the basic structure of the
Constitution, is challenged. The judicial activism leads to the judicial overreach and the judicial
adventurism. Incidences of judicial overreach has the negative impact upon the constitutional
core i.e. Separation of power.
Judicial overreach is the negative impact upon the morale of the executive because of the
executive’s function of policy making and the policy implementation are more challenging and
depends upon the 4F i.e. Fund, Function, Framework and Functionary, because the judicial
overreach sometimes the coordination between the executive and judiciary gets affected which
has a negative impact upon the constitutional framework.
There is indications that the judiciary is overreaching and intruding more and more in the space
of the legislature and executive and thereby creating unhealthy asymmetry in the delicate
balance among the institutions in the country. We cannot have a situation where the country is
run by judicial decrees where other organs of the democracy are unable to take decisions with
confidence and gradually go reductant.
Judicial review is legitimate domain of judiciary but the limit must be specified and this
institution should be accountable in a democratic country. It is not valid that it becomes a super
parliament that frames laws and a super executive that seeks to implement them. The quality
and speed of the mainstream judicial system can be improved by a comprehensive and
integrative approach, focused on improving judicial infrastructure and reducing indiscipline.
 CHAPTER 5
ROLE OF NGO’S AND CITIZENS IN PROTECTION OF BIODIVERSITY

1.1 Introduction
According to the World Bank, Non- Government Organizations are the private registered
organizations that pursue their objective of practicing activities that relieve suffering, promote
the interest of the poor, protect the environment and provide social services or undertake
community development.169 NGO’s are usually referred to as the organizations which are not
actually part of any the state rather they are mostly independent, however they could be funded
by the government. The main goal of the NGO’s are public service and according to a report the
number of Non- Government Organizations in India are reportedly more than 3.3 million in

169
World Bank, A Practical Guide To Operational Collaboration Between The World Bank And Non-
Governmental Organizatation, 67, March 1995, (June 24 10:34 A.M.) http://documents.worldbank.org/curated/en/814581468739240860/pdf/multi-
page.pdf.
2009.170
The role of NGO’s in environmental issues are diverse and it includes such social organizations
at local, national, regional and also international level whose missions are focused on the
environmental protection, sustainable development, poverty alleviation, protection of animal
rights and such other social issues. In the present era they are no more confined only to merely
raising environmental awareness or acting as pressure groups. Now their activities include
environmental awareness, promotion of the environmental education, training of the people and
capacity building including the implementation of the demonstration projects, or conducting
advocacy in collaboration with the government and promote regional and international
cooperation on environment.
The Environmental Non- Governmental Organizations are mainly focused on the causes such as
the environmental degradation, unpredictable climate change due to pollution, ozone depletion,
biodiversity and land use, waste management, conservation and protection of flora and fauna,
air pollution, deforestation, land degradation and some of the famous and prominent examples
of environmental NGO workings in the India are Awaaz Foundation, Foundation For
Ecological Security, CERE India, WWF India and Winrock International India, Assam Science
Society, Goa Foundation, Centre for Science and Environment (CSE) CPR International
Environmental NGO’s, Bombay Natural History Society, Centre for Environmental Education
(CEE) NGO’s focusing their activities on environmental issues these are called as the
environmental NGO’s.171
The NGO’s are more active in the developing countries and there numbers are continuously
rising, including the international NGO’s some of the renowned one’s are Greenpeace which is
an international organization having its branches in more than 40 countries across the Europe,
America, Asia and the Pacific.172 It has been campaigning against the environmental
degradation since 1971 when the American government was conducting an underground
nuclear tests in the north of Alaska.173
This tradition of bearing witness in a non- violent method continues even today. The works of
the Green Peace on the pollution are: Major oil spills due to accident causing Marine pollution,

170
Dr. Akhilesh Pandey, & Vishal Soodan, Effectiveness of Non- Government Organisations in Rural
Development: A Case Study of Uttarakhand- India, 4, Springer, 34, 36-38, 2012. (June 25 12:51 P.M.)
https://www.researchgate.net/publication/273890491_EFFECTIVENESS_OF_NON_GOVERNMENT_ORGANISATIONS_IN_RURAL_DEVELOPMENT_A_CASE_STUDY_OF_UTTARAKH
AND-INDIA.

171
Syed Tanvir Badruddin, Role of Ngo’s in the Protection of Environment, 9, JERD, 705, 707-709, 2015. ( June 25
3:43 P.M.) https://www.scribd.com/document/441749813/JeradDLId0705vol009issue003.
172
N Anyango-van Zwieten, M Lamers, & R van der Duim, Funding for nature conservation: a study of public
finance networks at World Wide Fund for nature (WWF), 28, BC, 3749, 3760-3766, 2019. (June 25 4:39 P.M.)
https://doi.org/10.1007/s10531-019-01848-y.

173
Frank Zelko, Scaling Greenpeace: From Local Activism to Global Governance, 42, HSR, 318, 330-337, 2017.
( June 28 09:37 A.M.) https://www.jstor.org/stable/44234964.
illegal discharge of the tank cleaning wastes, also high vigilance on the oil spills in the marine
ecosystem. It also subsidiary focuses on the marine domestic usage, sea dumping operations, oil
production and mining, industrial discharges and leakages from waste tips, nutrients and
pesticides, waste heat sources and the radioactive discharges.174
World Wild Fund for Nature: It’s mission is to ensure that the Planet’s natural environment do
not degrade and it works to build a future were the humans live while respecting the nature and
conserving the biological diversity, ensuring that the renewable source of energy be promoted
to make the natural resources more sustainable and promote the reduction of pollution and
wasteful consumption.
It works across the globe with its partners to encourage development and long lasting solutions
to the environmental challenges that is faced so that the objective is achieved. It focuses on the
two broad areas: first being the Biodiversity so to ensure that the earth’s web of life remains
healthy and vibrant for the upcoming generations, and second the carbon footprint must be
reduced to negate the impacts of the activities of the humans.
WWF is observing and scrutinizing the natural to ensure that the resources required for the
sustenance of life – air, water, land natural resources required for the sustenance of life – air,
water, land are managed sustainably and equitably. It focuses its efforts on the Global
initiatives: the rainforests of the Amazon has been restored to a large extent by the WWF
through its Living Amazon Initiative in 2008, where the organization used its 40 years of
experience as part of their unified blueprint to address the challenges that the Amazon biome is
facing as a whole.175 WWF’s Global Arctic Programme since 1992 has collaborated with their
partners across the Arctic region to tackle the potential threats that the Arctic region is facing
and to preserve its rich biodiversity in an equitable way.176
WWF’s primary objectives that it want to persuade are – that the economic growth of a country
must have the principles regarding the environment and to ensure that the financial sector frame
its guidelines and adopt the green lending policies, so that there remains safeguard in the
sustainability of the natural resources and its trade.177
Climate and Energy- WWF operates on the low carbon footprint and the climate policy, clean

174
Nizar Fauzan, The role of Greenpeace to develop environmental Networks: The question on the environmental
movement,1, JOUR,45, 56-59,2019. (June 29 11:23 A.M.)
https://www.researchgate.net/publication/333563576_The_role_of_Greenpeace_to_develop_environmental_Networks_The_question_on_the_environmental_movement
.
175
Marco Flores Urbano Lopes da Silva, WWF’s Living Amazon Initiative A comprehensive approach to
conserving the largest rainforest and river system on Earth, October 2010. (July 1 09:34 A.M.)
https://doi.org/10.1111/gcb.13173.

176
WWF, Arctic Council Conservation Scorecard, 2019. (July 1 11:32 A.M.)
https://arcticwwf.org/site/assets/files/2309/overview_a4_-_web.pdf.
177
Achieving Sustainable Development and Promoting Development Cooperation; Dialogues at the Econoic and
Social Council, 31-34, 2008. (July 2 09:11A.M.) https://www.un.org/en/ecosoc/docs/pdfs/fina_08-45773.pdf.
forests and climate, climate finance and climate business engagement.178
Coastal East Africa- WWF has payed special attention towards the rich biodiversity of the
Eastern Africa and to ensure its protection it partnered with the local, national and regional
groups to ensure a healthy environment across the coast of Eastern Africa. 179 It can be achieved
by helping the coastal groups to sustainably manage their natural resources for their own
benefits, also suggesting the legislation to make laws and manage systems for sustainable
fisheries and logging operations, improvement in the habitat and species conservation, and
developing the effective marine protected areas.
Coral Triangle- WWF paid emphasis on the areas which can give significant results and so
supported the governance of the Coral Triangle which is built on the sustainable live reef food
fish trade and so promote the sustainable tuna fisheries; 180 also finance the marine conserved
areas for the future, and also create international marine area network for the turtles and attempt
to reduce the impact of climate change and tourism in the Indo- Pacific region.181
Forest and Climate- The WWF’s has initiated work to deal with the new climate change
provided the incentives to reduce emissions from the rapid deforestation and the land
degradation and assist those countries mainly the developing one’s to develop their national and
regional approaches that tackle their emissions based on the forests and benefit the local
communities.182

1.2 Role of NGO’s in Protection of the Environment in India

The NGO’s that are working in India regarding the environment, campaign across the country
so that people are made aware about the depletion of natural resources and become conscious
about the environment protection. As the number of factories are increasing the chemical
wastes are dumped into the clean drinking water cycle which causes serious health issues. The
NGO’s operating in India have helped in reducing the deforestation, soil erosion and they help
educate people as how to segregate the waste materials and how significant it is in
biodegradable waste management.
They have taken initiative to create awareness among public on the present environmental
issues and solutions. They provide a platform to people from diverse background to participate
178
Ibid, 17-23.
179
Knights, Kathryn & Cuadros, Ivon & Zamora, Camilo & Coad, Lauren & Leverington, Fiona & O’Connor, A
Prelimiary Assessment of Protected Area Management within the WWF ‘Coastal East Africa’ Priority Place,
Eastern Africa,20,JOUR,77,85-88,2014. (July 2 12:29 P.M.) 10.2305/IUCN.CH.2014.PARKS-20-2.KK.en.
180
Unsworth, Richard & Clifton, Julian & Smith, David, Marine Research and Conservation in the Coral Triangle:
the Wakatobi National Park, 5, NSPI, 56, 67-69, 2010.
181
Arvie Joy A. Manejar, Liza May H. Sandoy, Rodelio F. Subade, Linking Marine Biodiversity Conservation and
Poverty Alleviation: A Case study in selected rural communities of Sagay Marine Reserve, Negros Occidental,
Marine Policym 104, MP, 12, 16-18, 2019. (July 2 07:37 P.M.) https://doi.org/10.1016/j.marpol.2019.02.015.
182
Supra note at 9.
in the awareness program and indulge in discussions on the environmental issues. They also
conduct participatory rural appraisal and involve in the human rights and to have a clean
environment. They collect data specifically for the natural resources, history of villages analyze
and monitor the environmental quality.
Other than the data collection the NGO’s also collect and transfer information through
newsletters, articles, audio visuals, brochures etc. and organize seminars, lectures, group
discussions for the promotion of the environment protection and its awareness. They also help
the village administration officials to prepare the application and the process of execution of
such projects on environmental protection.
The impact of the Indian NGO’s working with different environmental objectives in their local
levels are:
Assam Science Society- It is a voluntary organization established as the Guwahati Science
Society in 1953 and later renamed as the Assam Science Society in 1956 which encompasses
the whole of Assam to develop scientific temperament and also to create environment for the
scientific research.183 This society has expanded all over Assam and now has more than 100
branches and one of its branch is in Tikrikila in Garo Hills, Meghalaya. The society has more
than 5000 active life members and probably one of the largest scientific society in India. 184
They impart scientific environmental education and train through the camps for the teachers and
students and then conduct surveys on the environment.
The environmental NGO’s have also published science books and Journals for providing access
to the environment related data without haste. The Bombay Natural history society founded on
15th September 1883, and is one of the largest Non-governmental organization which engages in
the conservation and biodiversity research. It also supports research efforts through grants and
remuneration and publish the Journal of the Bombay Natural History Society. Many prominent
naturalists, including the ornithologists Sálim Ali and S. Dillon Ripley have been associated
with it.185
The society is commonly known by its initials, BNHS. The aim and objective of this society is
to provide knowledge of the flora and fauna of the field trips, literature, lectures and science
expeditions and study about the wildlife related problems and recommend the management
plans to protect the wildlife and their habitats. It conducts the field research on the projects
related to bird migration and studies on the sustainability, movement and population of the
Indian fauna.
The Centre for Environmental Education (CEE) Centre for Environment Education was
183
Supra note at 3.
184
Ibid.
185
Ibid.
established as the Centre of Excellence in the august 1984 which was supported by the Ministry
of Environment and Forest, Government of India.
CCE the national institution which got its headquarters in Ahmedabad has a mandate to
promote the awareness among the masses regarding the preservation of environment across the
nation.186 CEE is affiliated to the Nehru Foundation for the development and off course inherit
the rich multi-disciplinary resource base and the varied experience of the Nehru Foundation for
Development. It is committed to ensure that the due recognition and importance is to be given
to the pivotal role of the education for the promotion for the sustainable development.
The target is to have environmental awareness among the communities as a whole and spread
environmental education and training programmes through a vast network. Publications and
database have a wide range of publications, books, posters, educational packages,
bibliographies and directories. It adds to the already existing vast computer data base, and the
environment education bank which has wide collection of 800 and more concepts about the
2500 environmental related activities including 100 and above case studies.187
Centre for Science and Environment (CSE) is an independent public financed, public interest
organization which aims to increase the public awareness regarding science, technology,
environment and development. It was started in the 1980, and for more than two decades CSE
has been creating awareness regarding environmental threats and potential challenges which are
there in our nation. They are searching for the solutions which can be implemented by
themselves for the people and communities and push the government to create public
environmental awareness and create framework for the individual and community actions and
seeking balanced and informed analysis of the global politics of environment.
The CSE has worked to gain clean air by introducing the CNG buses in Delhi which has
caused serious reduction in the particulate pollution and also campaigns for the air pollution
which causes one death every hour188 and the organization is involved in the research,
investigation and educational work in the field of pollution, land and water use, wildlife, forest.
CPR Environmental Education Centre (C.P. Ramaswami Aiyar foundation) C.P.R.
Environmental Education Centre (CPREEC) is the centre for Excellence of the Ministry of
Environment and Forests Government of India, jointly established by the Ministry and the C.P.
Ramaswami Aiyar Foundation, Kerala Sastra Sahitiya Parishad, Kalpavriksh, Narmada Bachao
Andalon and World Wide Fund for Nature etc.
186
Ibid.
187
Dildeep Sandhu and Pooja Arora, Role and Impact of Environmental NGO’s on Environmental Sustainability in
India, 1, GJ, 34, 35-39, 2012. (July 3 09:23 A.M.)
https://www.researchgate.net/publication/332223998_ROLE_OF_NGOS_IN_SUSTAINABLE_DEVELOPMENT_AND_NATURE_CONSERVATION_A_CASE_STUDY_ON_SOCIETY_TO_S

AVE_ROCKS_HYDERABAD_INDIA
.
188
S Rizwan, B Nongkynrih, SK Gupta, Air pollution in Delhi: Its Magnitude and Effects on Health", 1, IJCM, 4,
6-8, 2013. (July 3 11:23 A.M.) https://dx.doi.org/10.4103%2F0970-0218.106617.
These non-profit organizations have played a crucial role in the protection of the environment
of the India. They have succeeded in protecting the environment to a great extent. They have
drawn an outline in involving the participation for the community for the environmental
protection and sustainable livelihood in India.
The Narmada Bachao Andolan was initiated in 1986 under the leadership of environmentalist
Medha Patekar to highlight the role of the NGO’s in the protection of the environment and also
mention the aims and objectives of the environmental NGO’s. 189 It focused mainly to educate
the people who would be affected by the large development projects which will cause their
displacement and loss of livelihood like the tribal and the impact which it will have on the
society and environment. It was formed to protest against the dam which was constructed on the
Narmada Valley specifically and in general struggle towards all such projects and to access
information and suggest new environmental sustainable water policy.190
It helped the tribal to share substantial information of the government and development
schemes and to ensure they undertake development activities themselves. They focused mainly
to educate, mobilize and organize the inhabitants of the Narmada Valley on the point of human
and justice and alternative development policies, and issues related to environment which
occurs when dams in general and Narmada Project in particular. 191 They undertake surveys of
the villages, and cover the protest done by the tribal against the land and forest issues and
government interference in these matters. They are fighting against the displacement and the
disregard of the rights of the people.
2.1 Role of Citizens
Humans have a sense of reasoning with the disperse attitude without the sense of possibility of
union at a common point and to control this attitude there exists coercive regulations which tend
to control the human behavior, but there are no common single idea or specific doctrine which
can have mass acceptance. However if citizens work towards the community development on
the basis of their honest cooperation where citizens are committed to the idea of common good,
in such country the citizens are expected to live in a community which John Rawls called as “
the fact of reasonable pluralism”.192 Thus this reasonable pluralism means that it is important to
be a reasonable citizen and it implies that it gives a kind of self- constraint towards the state (in

189
R. Dwivedi, Resisting dams and development: Contemporary Significance of the campaign against the Narmada
projects in India, 10, EJDR, 135, 145-183, 1998. (July 3 12:39 P.M.) https://doi.org/10.1080/09578819808426721.

190
Charles Tilly, Social movements as historically specific clusters of political performances, 38, BJS, 1, 27-30,
1994. (July 4 09:29 A.M.) http://www.jstor.com/stable/41035464.
191
Paul Routledge, Within the River: Collaboration and Methodology, 91, GR, 113,117-120, 2001. (July 5 10:32
A.M.) https://doi.org/10.1111/j.1931-0846.2001.tb00464.x.
192
Chantal Mouffe, The Limits of John Rawls' Pluralism, 56, TJSPT, 1, 12-14, 2009. (July 7 12:23 P.M.)
https://www.jstor.org/stable/41802423.
fundamental aspects) and such citizens do not identify the state with their own conception of
what good life is and they deny that the former should merely be a reflection of the expression
of the later.193
The technical dominion over the nature is condemned and should be discouraged because the
natural environment is more than just providing raw material which is to be manipulated at our
pleasure, it’s a wonder work of the Creator and which should be disrespected by reckless
exploitation. The nature cannot be turned merely into a collection of contingent data which ends
upon with violence on the environment and encourage activities that fails even to respect the
human nature itself.194
Therefore the environmentally reasonable citizens who constitute a community and accepts the
existence and recognizes the non- human natural environment, which is independent of the
existence of the humans and their needs, interests and objectives. They support the fundamental
political issues which encompasses the “reasonability of the environment”, which means that
such attitude impregnates the whole society and not just isolated components of it and it bears
its influence not just on the public sector rather also on the private sector, with respect to both
the agents of productions and agents of the consumption.
Hence, it is the ideal citizenship model which is capable of generating human and social values
and rein enforce them in the common life for social harmony and a life where the private “I” is
converted to the “We” which is capable of coping with the global objectives for the betterment
of the society and achieve the common good. These values are majorly lacking in the citizens
who are mainly focused on the partial vision of the industrial eco-monism and who treat the
environment merely as in which we live and objectify it by considering it as subjected to
transformation.195

2.2 The Environmental Consumer

The consumption of products is a neutral act which is the result of decision making process and
where all alternative solutions are contemplated and out of the subjects opts for what seems to
be best for the person. Consumption is not an external or internal act rather it forms part of the
decision that involves the deep beings of the human person. The humans as consumers has
specific social responsibility which goes hand to hand with the social responsibility of the
corporate. The consumers must be aware and educated about their daily role to act with respect

193
Lynch, Sterling, The Fact of Diversity and Reasonable Pluralism, 6, JMP, 70, 79-93, 2008. (July 7 03:20 P.M.)
https://www.researchgate.net/deref/https%3A%2F%2F2.zoppoz.workers.dev%3A443%2Fhttp%2Fdx.doi.org%2F10.1163%2F174552409X365937.

194
Mesarovic, D. Mihajlo, Pestel, Mankind at the turning point: the second report to the Club of Rome, London,
59, Club of Rome, 5th ed, 1975. (July 8 12:30P.M.) https://www.jstor.org/stable/2010178.
195
Ludwig von Mises, Human Action.ATreatise on Economics. 13-14, William Hodge and Company Limited, 1,
2007.
to the moral principles without the intrinsic economic rationality of the act of purchasing.196
This aspect of the consumption with respect of the environment is called up as “Sustainable
Consumption.” This brings out the better quality of life with the use of the natural resources and
the minimizing the toxic materials and the pollutants so ensure that there is no jeopardize of the
future generations.197

2.3 Role of Citizen Science in the Conservation of the Biodiversity

The Citizen science means that the researchers collaborate with the people to do studies and
surveys and which have a positive influence on the rapidly growing principles mainly the
conservation and environmental research.198 It empowers and gives a sense of authority to the
professionally trained researchers and the amateur citizens both who can contribute directly to
the conservation and research.
The citizen’s science have empowered people as a whole to participate in the conservation of
the environmental research. However despite such projects many lack the analytical framework
for basic understanding of the broad-scale of the transnational human- species interactions. This
approach is becoming the new framework because the applications of the citizens science data
on the relation shared between the humans and environment have rarely been explored, and
especially from coupled human and natural systems perspectives.
The involvement of the Citizen Science in the land- use management and conservation as a
practice has led to effective outcomes because it mainly raises the awareness and gathers
support for the project among the public. The trend of Citizen Science project is gaining
popularity and has the potential to provide a world audience. The studies of this project and the
analytical techniques are moving rapidly towards a “Big Era” where almost everything the
normal day to day life will be coupled and interconnected.199
The above environmental principles and jurisprudence dealing specially regarding the role of
the Citizens in conservation of the Biodiversity has been laid down in few basic tenets on
environmental doctrines which is easily understandable and acceptable and practicable by the
layman. They are-
The objective behind is to refrain the use of low quality plastic or in general stop any product
which can be used more than once, twice or maybe thrice which is particularly made of plastic

196
Gill Seyfang, Ecological Citizenship and sustainable consumption: Examining local organic food networks, 22,
JRS, 383, 392-395, 2006. (July 9 09:29 A.M.) 10.1016/j.jrurstud.2006.01.003.
197
Supra Note at 24.
198
Neil Carter and Meg Huby, “Ecological Citizenship and Ethical Investment, 5, PASS, 114, 116-118, 2005. (July
9 3:39 P.M.) 10.1080/09644010500055159.
199
Amartya Sen, & Sudhir Anand, Human Development and Economic Sustainability. World Development,
28,Econ Papers,2029, 2040-2049,2000. (July 10 09:49 A.M.)
https://www.researchgate.net/deref/https%3A%2F%2F2.zoppoz.workers.dev%3A443%2Fhttp%2Fdx.doi.org%2F10.1016%2FS0305-750X(00)00071-1.
or any other alternative material. In easy words, the disposable products are to be stopped.
Paper, Steel, Melamine, Cloth and other reusable alternative should be opted and promoted. In
doing the same they put emphasis on the 3R’s- Reduce, Reuse and Recycle.
Reduce: It means simply try to reduce the garbage as much as you can, and avoid the chemical
which are not so essential, so to avoid any harmful effects of the same.
 The soaps are one of the basic product of the day to day life and are used to wash
clothes or vessels etc. In any soap 90% of the ingredients are of no use and it is a
common myth that the soap producing more lather is better but that’s completely
wrong.200 The useful part of the soap which cleans the body, vessels, and cloths are the
‘good’ acids present in the soap, and not the lather. So people should try to use the soap
which are natural and not the one’s producing more lather.
 Do not use the products made of the disposable plastic or equivalent material.
 The trend of online shopping increases the waste as it produces wastes due to the
packing of the materials.
 The reusable diapers should be used instead of the disposable ones. At the present time
there are better and comfortable options regarding the use of such non- disposable
products. The cloth napkins or menstrual cups which are reusable should be used instead
of the sanitary napkins which are generally available everywhere.201

Reuse: The items which can be used multiple times must be used.
 The used clothes can be given away to the needy ones instead of throwing them away.
 The cartons we get in the online shopping can be reused for other purposes instead of
dumping them.
 The old books, toys can be given to the needy ones.

Recycle: If one product cannot be used in a particular manner its appearance can be changed.
 If the clothes are old then its curtains, bags, quilt, towels, handkerchief etc can be made
out. People can seek help from their children regarding these interesting activities. The
benefit is not just the recycling rather also spending quality time with one’s children and
family which also encourages creativity.
 Eco- Friendly products to be encouraged and people should even if needed bear a bit
more cost for the eco- friendly products so to contribute in conservation of the
environment.
200
Pep soap, 5Soap Myths Busted,
https://pepsoap.com/blogs/news/5-soap-myths-busted.

201
Renate Kroesa, The Greenpeace guide to paper, 43, Green Peace International, 21, 1990. (July 10 10:23 A.M.)
https://nla.gov.au/nla.cat-vn1564338.
Citizens have the most important duty on their shoulders to abide by the laws regarding the
conservation of environment and also practice the methods by which they can help in producing
less waste, whose disposal is already a challenge across the globe. The citizens should also try
to reduce their carbon foot print even at home which will be of great help in the recovery of
health of the Earth.
3.1 Role of Citizens in Environment Protection in India-
In India the environmental laws do not contain specific provisions for providing information to
the public and without which the citizens as a community cannot function much and their e
environmental decisions remain reluctant.
For example if we take Water Act it provides that the previous consent is necessary for the
discharge of sewage or industrial effluents 202 and interestingly there is no specific provision that
ensure publication of the consent application or even the notice for an application. The people
remain in dark through the process although he damage done to them may be of intense degree.
It is quite possible that the industry may not even disclose everything to the officers of the State
Board and it is also firmly possible that the inspecting personnel may not be always in a
situation to act in accordance with the interest of the public and in the objective manner. A
mechanism for public scrutiny needs to be rationalised bringing factors to the consideration of
the inspecting personnel and the board.
The Environment Protection Act 1986 is the first enactment which deals with the human
environment as a whole and is a comprehensive legislation regarding the air, water, and noise
pollution and regulating the treatment of hazardous materials. The Act has 26 sections and
divided into four chapters, and the parliament has made a first attempt to lay down such laws on
this point and it goes beyond the scope of Water and Air Pollution Acts passed in 1974 and
1981. The Act has its own drawbacks relating to the narrow area of operation weak citizens suit
provision, tax provisions relating to forcing of liability of corporate officials and the lack of
provisions providing for an individual’s right to sue a defaulter for damages.
Improving Procedural Legitimacy
The judicial review should be given the credit that it acted as instrument of the citizens to
increase the accountability of the decision makers and makes the process more legitimate in the
eyes of the public. Thus one important role of the citizens as combined in the communities is to
make decisions regarding their environment and the impact of policies on their sustenance.
In India too there have been many cases where the citizens represented as a community to speak
up and fight for their rights. The best example would be Chipko Movement which was led by
Sunderlal Bahuguna to preserve the indigenous trees of the Uttar Pradesh. In this particular

202
Water Act 1974 Section 17.
movement the local communities adopted the Gandhian principles of protest and literally tied
themselves to the trees in order to prevent their lumbering.
It was this action that caused the government to take cognizance of the environmental issues
raised by the community and resulted in the government taking policy decisions keeping in
mind the suggestions of the local community.203 Similarly, the Narmada Bachao Andolan saw
wide protests against the increase of the dam over the river Narmada by local communities
which resulted in a massive legal battle.204 These instances where the communities have spoken
for themselves and achieved results goes to show how important their roles really are.
The Constitution of India is one of the few Constitutions of the World which contain specific
provisions regarding the environment protection. The Directive Principles of State Policy and
the Fundamental Duties explicitly mentions the national commitment to protect and improve
the environment. The environmental protection and the improvement were specifically
mentioned through the 42nd Constitutional Amendment Act of 1976, and this amendment
introduced the Article 48-A in Part IV which mentions that “the State shall endeavor to protect
and improve the environment and to safeguard the forests and wildlife of the country”, the
provision is not enforceable in the courts, however directs the State to enact legislation and
frame policies towards attainment of these goals.
The amendment also introduced Article 51 A in Part IV A which provides that “it shall be the
duty of every citizen of India to protect and improve the natural environment including forests,
lakes, rivers and wild life and the compassion for the living creatures”. The Constitution
imposes a duty on the citizens to maintain ecological balance and even thought the Article 48 A
and Article 51 A (g) and both differs to each other and the differences appear to relate to for
rather than to substance.
These provisions combined have given a glimpse of the national consensus on the importance
of environmental protection and improvement. The incorporation of the protection of
environment as an obligation of the state and as a mandate to the citizens of India as part of
their fundamental duties important for the protection of environment.

203
E. Mawdsley, After Chipko: From Environment to Region in Uttranchal, 25, JPS, 23, 31-33, 1998.
10.1080/03066159808438683.

204
Ibid.
 CHAPTER -6
CONCLUSION

In the present age the environment is under serious threat due to deforestation, rapid
industrialization and urbanization, depleting of the ozone layer or rise in the global warming.
This can be easily evident from the presence of harmful chemicals in the atmosphere and the
disturbed food chain, and extinction of the marine species and the mangroves, the loss of
vegetation cover and the biological diversity that poses a threat to the eco-balance and the life
support systems.
From the analysis of the previous chapters it has been realized that our rich biodiversity is under
continuous threat and the present legislative tools and legal mechanism are not well equipped to
deal with these threats as a whole. Till now, as the Biological Diversity in India is concerned it
can be said that the biodiversity is the epicenter of biological organisms, and the ecosystem
provides all the natural resources for the nourishment of humans. Soil is the significant medium
for the variance of the organism. It is the existential ground for the microbes, fungi, bacteria,
insects, millipedes, termites, earthworms etc and they are mainly found inside the soil.
India is home to thousands of species of the wild animals, mammals, birds, reptiles, fishes and
amphibians and it also have the migrated wildlife species. There are thousands of various
species of birds, amphibians, reptiles, mammals, fishes in different eco-zones of the country and
the major mammals like the cats, dogs, bears, hares, rhinoceros, pigs, deers, primates, pandas,
bats, rodents, insectivores, sheep, goats, antelopes they play an important role in the biological
resources. Beside rich biodiversity, India has various geo-climatic zones. A large number of
bacteria, viruses, insects, air-birds, butterflies, flies, bees, amphibians, fish, micro- organisms
and species are found in the house of aerial biodiversity.
Apart from gases, dust particles and water vapor, air also contain micro-organisms such as
vegetative cells and spores of bacteria, fungi and algae, viruses and protozoan cysts. A large
number of viruses are found in the air of Indian sub-continent. Our country has a large number
of butterflies of its various kinds. The families and the numbers of species in them are likely to
change due to advances in taxonomy and collection of data regarding occurrence and
distribution.
A large number of birds are found in Indian biodiversity. The avifauna of India includes nearly
1301 species, of which 42 are endemic. One species has been extirpated in India and 82 species
are globally threatened.
There are over 50 species of flying fish belonging to the family of exocoetidae. They are mostly
marine fishes of small to medium size. Pantodon buchholzi has the ability to jump and possibly
glide a short distance. A number of the Rhacophoridae, such as Wallace’s Flying Frog
(Rhacophorus nigropalmatus), have adaptation for gliding. There are 28 species of lizard of the
genus Draco, found in Sri Lanka, India, and South-East Asia which live in trees.
So far as ‘Problem Emerging in 21st Century’ is concerned, it may be stated that the rich
biodiversity of India is under severe threat owing to habitat destruction, degradation,
fragmentation, wetland loss, poaching and illegal fishing, over exploitation of resources, global
warming, introduction of harmful species and many other reasons.
Many faunal and floral species have been rated as Critically Endangered (CR) such as Neofelis
nebulosa (Clouded leopard), Felix viverrina (Fishing cat), Sus salvanius (Pygmy Hog) etc;
Endangered (EN) such as Balaenoptera musculus (Blue whale), Elephas maximus (Asian
Elephant), Gavialis gangeticus (Gharial), Garrulax cachinnans (Nilgiri Laughingthrush),
Branta ruficollis (Red- breasted Goose) etc; or Vulnerable (VU) such as Manouria emys (Asian
Giant Tortoise), Pavo muticus (Green Peafowl) etc.
The number of plant species of India has been declining at an alarming rate due to habitat loss
and degradation and other proximate factors. Nearly 10% of the global known species of
bamboos are found in India. Some of them have become threatened such as Arundinaria
mannii, Bambusa atra, Bambusa mastersii etc. some critically The pollution caused by the
water pollutants adversely affect the livelihood of human beings, fishes, aquatic animals,
mangroves, algae, coral, reefs and other aquatic flora and fauna. Hence, both executive and
legislative measures should be taken as per provisions of existing legislations.
Enormous impact on the growth of mycorrhizal fungi involved in plant nutrient uptake and on
bacteria involved in nutrient cycling. Wetland is being threatened due to rapidly growing
population, large scale changes in land use/land covers, technological development,
urbanization and improper use of water sheds resulting substantial decline of wetland resources
of the country.
Deforestation, unrestricted urbanization and industrialization result in damage to habitat,
biodiversity loss and aridity. It may cause adverse soil erosion and degradation of wetlands.
It directly and indirectly causes extinction of various species due to changes in climate
conditions, desertification and displacement of indigenous people. The pollution caused by the
water pollutants adversely affect the livelihood of human beings, fishes, aquatic animals,
mangroves, algae, coral, reefs and other aquatic flora and fauna. Hence, both executive and
legislative measures should be taken as per provisions of existing legislations.
Regarding ‘Legal Mechanism to Manage the Crisis’ it may be stated that conservation of
biological diversity and its sustainable development is essential for the maintenance of
ecosystem and protection of environment of this earth. As such United Nations General
Assembly convened a conference on environmental issues (also known as Stockholm
Conference) from June 5-16, 1972. The Conference agreed upon a Declaration containing 26
principles concerning the environment and development; an Action Plan with 109
recommendations, and a resolution for conservation of wildlife, to improve the environmental
health. The UN General Assembly, the World Commission on Environment and Development
(WCED) issued the Brundtland Report in 1987: “Our Common Future” to re-examine the
critical environment, to develop proposals to solve them, and to ensure that human
Progress will be sustained through development without bankrupting the biological resources.
Agenda 21 (a document that states priority actions and guidelines towards the achievement of
sustainable development), the Rio Declaration on Environment and Development, Convention
on Biological Diversity (CBD), United Nations Framework Convention on Climate Change
(UNFCCC). The Summit also laid down the groundwork for the UN convention to Combat
Desertification (UNCCD). The Convention on Biological Diversity (CBD) has three main goals
such as conservation of biological diversity (or biodiversity); sustainable use of its components;
and fair and equitable sharing of benefits arising from genetic resources.
It has been observed that there are more than 200 Central and State laws which have direct or
indirect relation with the environmental protection. In legislation the laws are enacted in a set
patter without enquiring that such laws are right instruments for the objective. However the
poverty of environmental jurisprudence are not the sole factor that hampers the effectiveness of
the laws rather the socio- economic problems as well. Hence the laws need to be studied by
experts before they are implemented.
This research work has undertaken the study of such laws and analyzed the major shortcomings
that can be seen as, these laws are outdated and lack statements of policy objectives, mutually
inconsistent and they lack provisions for the implementation of the machinery as there is no
proper procedure for reviewing the efficiency of these laws. Our environmental laws are based
on the deterrent theory of criminal justice, but the retributive values of the penalties fil to deter
because there is absolute disparity between the retribution and the economic benefits of non-
compliance.
The laws fails do not analyze the compliance of the cost benefit and hence the laws fails. From
the economic aspect the laws are counterproductive and they either slow down the production
or provide the industries enough loopholes for corruption, and political malpractices. The
country lacks integrated environmental planning for the urban areas and even where the master
plans do they are not taken into consideration while development projects are done. Sometimes
even the master plans are in violation, so due to this lack of planning it leads to unbalanced
development and form uneconomical agglomerations, ecological degraded areas and over
exploitation of the resources.
The legislation enacts a law not to just keep it in the books rather implement their objectives
and therefore the laws are interpreted in the present perspective. Unfortunately the governments
not just violate the norms, procedures but also create loopholes to bypass the objective of the
statutes. The courts have come heavily down upon the illegal actions and through its judgments
has exposed the dictatorial approach of the government.
But still even when the citizens activists have protested to make the government accountable for
their actions, the latter still encourage the habitual offenders due to their own inactiveness.
The role of judiciary is important as it is the justice delivery system and the case laws has
shown that their order directions have been subjected to more disobedience than the
compliance. The government, corporations, industries, individuals polluters keep on moving
from court to court for favorable order in their case. It has resulted in serial litigations against
the government, corporate actions. The tactics of delaying of cases by the government also adds
to the non- compliance with the judicial decisions. A soft approach in such matters can question
the integrity of the Indian Judiciary.
The politics of self-interest has in other aspects has crept in the management of the
environment, giving development a dominant position. It is the public spirited and lovers of
nature which should be appreciated who brought out in light the behavior of the politicians ‘
atrocious behaviors’ in economic game which is played for either personal gain or enriching the
voter’s bank. At ties the court took a serious view of the matter but on the other, the
involvement of ‘human’s problem’ influenced the court to adopt a pro- development approach.
In the entire research work one thing clearly emerges: it is the judiciary that exposed the
misdeeds of the government, companies and other polluters and this could be possible because
of the efforts of the non-governmental organizations and public spirited people.

Suggestions
There should be a regular review of the environmental laws by the legislature in the light of the
problem faced by the executive in their implementation. The legislative measures can succeed
only through the involvement if the industries and people. Therefore, industries and chambers
of commerce should be given a prominent role in environmental decision making.
In this non- compliers world, the legislature must equip themselves to take a stock of the fate of
their efforts rather than remaining a spectator in such illegal games. It is the time that the
sanctions of ‘contempt of the house’ must be used against the habitual environmental offender
and non- compliers. Further the house in order to maintain its credibility must oversee, through
its select committee of ‘Green Members’, an effective implementation of the output of its
legislative powers.
There must be dedicated research and development facility for the production and use of
environmental friendly technologies. Cleaning the environment has the potential of acquiring
the status of an industry but would require large-scale promotion of research and development.
There exists a number of possibilities in various sectors where pollution levels could be reduced
but these suffer for want of advanced technologies, which could only be developed through
research.
In the energy sector, new technologies for environmental sound energy systems, including new
and renewable energy sources and nuclear energy, improving energy efficiency, improving
environmental management in mining are potential areas for research where substantial
reduction in pollution could be achieved. In the transport sector, which contributes greatly to air
pollution through vehicular emissions, research for technology improvement by developing
efficient multi0valve engines, catalytic converters and microprocessors to maintain air fuel
ration etc could yield good results in abating pollution.
Enhancing productivity and minimizing wastes through efficiency improvement programs
would lead to substantial reduction in waste generation thereby directly reducing pollution. The
need to develop cleaner production system in many processing industries and improving
productivity acquires importance for research. India has a large potential to generate electricity
through wind and solar power. In fact solar electricity generation technologies are promising
future options for renewable energy supply. An outcome of greater use of wind and solar
technology would be the mitigation of carbon emissions. These environmentally friendly
technologies are only at a nascent stage if development and it would require adequate research
inputs to perfect these technologies. These are some of the key areas where research inputs to
perfect these technologies. These are some of the key areas where research in our country
should focus in the coming years.
The judiciary must see that the dormant penal sanctions under the different environmental laws
against the ‘Offences by Government Departments’ are put to adequate use so that officials
playing foul with the Indian environment, are made accountable. The weapon of ‘contempt of
court’ should be activated against the naked violations of the court’s orders by the habitual
environmental offenders who must be booked and taught a lesson. Moreover, Justice requires
the judiciary to keep track of implementation of its judgments/order through an
authority/agency created by it which shall apprise the judiciary in this regard from time to time.
Environmental Courts must be established in every district in the lines of Consumer Forum.
There must the provisions of ‘whistle blowers’ in environmental complaints and their
whereabouts and other information must be kept secret.
An ombudsman may be established by the parliament to oversee the functioning of the
governmental environment agencies and make erring authorities responsive and towards their
constitutional environmental goals.
The environmental regime must be reoriented and strengthened with more expert mechanisms
to deal with the larger spectrum of problems hitherto unattended by law. One pollution control
board situated in capital of the state cannot be expected to properly enforce environmental laws.
Therefore, enforcement of environmental laws should be given to local bodies because they
exist in every big or small city and villages. The enviro- illiterate officials working in such local
bodies have to be given enviro- legal education and public opinion must be activated to build up
an enviro- friendly pressure groups.
‘Right to Information’ should be made part of every pollution control la. The measures taken
for, and the documents relating to, control of pollution should be open to public scrutiny.
All necessary, possible and effective measures should be taken to stop deforestation and save
agricultural land. There should be ‘vertical’ development of official and residential buildings
than ‘horizontal’. This implies, we must adopt such kind of building designs, which can sustain
higher number of levels of residence in smaller area, so that more area can be used for greenery
and other plantation. Only barren land should be used for development projects and establishing
special economic zones. Agricultural land should not be acquired by government for industrial
purpose.
Waste management policy should form an integral component of license application and should
be such as to minimize the generation of waste. No new residential location should be allowed
to develop without the provisions of waste treatment system in place.
Self-help is the best help, people should be encourage through mass education campaign to
fight against environmental pollution. The government should launch mass education program
in big way especially in suburban areas and slum clusters, where problem cannot be effectively
tackled with the rudimentary legal enactments. The people must be educated of their
environmental rights as recognized by the Supreme Court by organizing seminars, conferences,
debates, discussions and legal aid clinics. Role of NGO’s working in environmental field must
be recognized and encouraged. More resources should be provided and made available to
voluntary organizations.
There should be a determined effort to clearly redefine the offences coming under environment
laws being one of criminal liability to that of being a liability in torts.
Environmental problems should be made political issues and should form part of the election
manifesto of political parties. Only the environment conscious and responsive person should be
elected to the house. This will ensure the responsibility of elected candidates towards
environment protection.
There must be mandatory environmental law teaching at every level of studies so that everyone
get conscious of their environmental rights and can help in protecting environment.
Vehicles are the major source of pollution. People must be motivated to use ‘Pool system’,
where 3-4 persons working at same or nearby place can ravel in same vehicles instead of their
individual vehicle. There must be stringent check on th agent who provides “Pollution Under
Control” Certificates to Vehicles.
More and more people specially the youth should be motivated to plant trees. There must be
some reservation for those who have got planted and maintained properly, a minimum number
of plants. Every university student should be asked to plant and maintain at least one tree in and
around campus. There should be some grades or extra marks in student’s Detail Marks Card.