Besides the Biological Diversity Act, 2002, India has a suite of other environmental legislations and policies that directly or indirectly influence the conservation and management of biodiversity. These laws address various aspects such as wildlife protection, forest conservation, pollution control, environmental impact assessment, and tribal rights, all of which have implications for biodiversity.
I. Wildlife Protection
Wildlife (Protection) Act, 1972 (WLPA)
Historical Context
Enacted to provide a comprehensive legal framework for the protection of wild animals, birds, and plants. It was a landmark Act significantly strengthening wildlife conservation, previously fragmented under state laws. Amended several times, notably in 1991, 2002, 2006, and most recently the Wildlife (Protection) Amendment Act, 2022.
Key Provisions
- Prohibition of Hunting: Prohibits hunting of wild animals in Schedules I-IV, except under specific conditions (self-defense, research, vermin control with permission).
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Schedules of Species:
- Schedule I & Part II of Schedule II: Highest protection, severe penalties (e.g., Tiger, Lion, Elephant).
- Schedule III & IV: Protected, lower penalties.
- Schedule V: Vermin (can be hunted – list modifiable). *Note: Vermin schedule removed by 2022 amendment.*
- Schedule VI: Specified endemic plants prohibited from cultivation, collection, trade without a license.
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Protected Areas (PAs): Declaration and management of:
- National Parks
- Wildlife Sanctuaries
- Conservation Reserves
- Community Reserves
- Regulation of Trade: Prohibits/regulates trade in wild animals, articles, trophies from scheduled species.
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Establishment of Authorities:
- National Board for Wildlife (NBWL)
- State Boards for Wildlife (SBWL)
- Central Zoo Authority (CZA)
- National Tiger Conservation Authority (NTCA)
- Wildlife Crime Control Bureau (WCCB)
- Control of Zoos and Captive Breeding.
- Penalties for Offences.
Wildlife (Protection) Amendment Act, 2022: Key Changes
- Rationalization of Schedules: Reduced animal schedules to two (Sch I - highest, Sch II - lesser). Central govt can declare vermin. Plant schedule (Sch VI) remains.
- Implementation of CITES: Provisions to better implement CITES, empowering Central Govt.
- Control of Invasive Alien Species: Empowers Central Govt to regulate/prohibit import, trade, possession, or proliferation.
- Enhanced Penalties.
- Voluntary Surrender of Captive Animals.
- Conservation Reserves: Management by a conservation reserve management committee.
Significance for Biodiversity
Directly protects species (especially threatened ones), conserves habitats through the PA network, and combats illegal wildlife trade. The amendments aim to strengthen these aspects further.
II. Forest Conservation
Indian Forest Act, 1927
Historical Context: Colonial-era, aimed at regulating forest produce movement, levying duties, and consolidating forest laws. Provided for Reserved, Protected, and Village Forests.
Impact on Biodiversity: While not primarily for conservation, its provisions for demarcation and regulation affect habitat management. Often criticized for revenue focus and alienating local communities.
Forest (Conservation) Act, 1980 (FCA)
Historical Context: Enacted to check alarming deforestation and diversion of forest land for non-forest purposes.
Key Provision: Requires prior Central Government approval for de-reservation of reserved forests, use of forest land for non-forest purposes, lease to private entities, or clearing trees for reforestation.
Impact on Biodiversity: Significantly slowed forest land diversion. Definition of "forest" (Godavarman Thirumulpad case, 1996) expanded its applicability.
Forest Conservation (Amendment) Act, 2023 (Van Sanrakshan Evam Samvardhan Adhiniyam)
Key Changes
- Aims to clarify FCA applicability to certain land categories (e.g., lands recorded as forest before Oct 25, 1980, but not notified; lands changed from forest-use to non-forest-use before Dec 12, 1996).
- Exempts certain land types (e.g., land within 100 km of international borders for strategic linear projects; small areas for public utility infrastructure).
- Promotes raising plantations on non-forest land.
Concerns Raised
Environmentalists worry these amendments could dilute FCA's protective scope, potentially opening up forest lands (especially unclassed or deemed forests) for diversion without Central scrutiny, impacting biodiversity and tribal rights.
Significance of Forest Conservation Acts for Biodiversity
Crucial for preventing habitat loss by regulating the diversion of forest land. The FCA 1980 has been a cornerstone, while the 2023 amendment presents new dynamics and concerns that need careful monitoring.
Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (FRA)
Historical Context: Enacted to recognize and vest forest rights and occupation in forest land in FDSTs and OTFDs, addressing "historical injustice."
Key Rights Recognized
- Individual rights: To hold and live in forest land for habitation or self-cultivation.
- Community rights: Grazing, fishing, access to water bodies, traditional seasonal resources, habitat rights for PVTGs.
- Community Forest Resource (CFR) rights: To protect, regenerate, conserve, or manage community forest resources.
- Ownership, access to collect, use, and dispose of minor forest produce (MFP).
Role of Gram Sabha: Empowers Gram Sabha to initiate process for determining forest rights.
Significance for Biodiversity (Positive)
Effective implementation of CFR rights can empower local communities to conserve and sustainably manage forests, often leading to better biodiversity outcomes due to local stewardship and knowledge. Secure tenure can incentivize conservation.
Challenges/Concerns
Slow implementation, conflicts with forest department, potential misuse if rights are not properly verified, concerns about impact on wildlife habitats if individual rights granted in critical areas without safeguards. Proper convergence with WLPA/FCA is crucial.
III. Pollution Control and Environmental Protection
Environment (Protection) Act, 1986 (EPA)
Historical Context: Enacted post-Bhopal Gas Tragedy as an "umbrella" legislation for environmental protection.
Key Provisions & Associated Rules
- Empowers Central Government to take measures for protecting/improving environmental quality and preventing/controlling pollution.
- Allows Central Government to set environmental quality standards, emission standards, regulate hazardous substances, and lay down EIA procedures.
- Various rules notified under EPA:
- Environmental Impact Assessment (EIA) Notification (latest 2006, with amendments)
- Coastal Regulation Zone (CRZ) Notification (latest 2019)
- Hazardous Waste Management Rules
- E-waste, Plastic Waste, Solid Waste, Biomedical Waste, C&D Waste Management Rules
- Noise Pollution (Regulation and Control) Rules
Significance for Biodiversity
Controls pollution, a major threat to biodiversity. EIA and CRZ notifications are crucial for regulating developmental activities impacting habitats.
Water (Prevention and Control of Pollution) Act, 1974
Aims to prevent/control water pollution and maintain/restore water wholesomeness.
Establishes Central Pollution Control Board (CPCB) and State Pollution Control Boards (SPCBs).
Significance: Protects aquatic ecosystems and species.
Air (Prevention and Control of Pollution) Act, 1981
Aims to prevent, control, and abate air pollution.
Empowers CPCB and SPCBs to set air quality and emission standards.
Significance: Reduces air pollution harmful to plants, animals, and contributing to acid rain.
IV. National Policies and Plans related to Biodiversity
National Forest Policy, 1988
Shifted focus from commercial exploitation to conservation. Aims for 1/3rd land area under forest/tree cover. Emphasizes environmental stability, natural heritage conservation, soil erosion control, afforestation, meeting local needs, and people's movement.
Draft National Forest Policy updates are under discussion.
National Wildlife Action Plan (NWAP)
Roadmap for wildlife conservation. Current NWAP (2017-2031) focuses on PA management, landscape conservation, species recovery, anti-poaching, human-wildlife conflict mitigation, climate change adaptation, research, and community participation.
National Biodiversity Action Plan (NBAP)
Developed under BDA, 2002, and CBD commitments (2008, updated 2014). Outlines strategies for biodiversity conservation, sustainable use, and equitable benefit sharing. Needs alignment with Kunming-Montreal GBF.
National Action Plan on Climate Change (NAPCC), 2008
Includes eight national missions, some relevant to biodiversity:
- National Mission for a Green India (forest/tree cover, carbon sinks)
- National Mission on Sustainable Agriculture (climate-resilient agriculture)
- National Mission on Sustaining the Himalayan Ecosystem
- National Mission on Strategic Knowledge for Climate Change
Wetlands (Conservation and Management) Rules, 2017
Notified under EPA, 1986. Provides for identification, conservation, and management of wetlands. Establishes State Wetland Authorities and National Wetland Committee. Prohibits certain activities in notified wetlands.
Institutional Framework
Ministry of Environment, Forest and Climate Change (MoEFCC)
Nodal ministry for environmental protection and biodiversity conservation.
Statutory Bodies
- NBA, SBBs, BMCs (under BDA)
- NTCA, CZA, WCCB (under WLPA)
- CPCB, SPCBs (under Water/Air Acts)
Research & Training Institutions
- Wildlife Institute of India (WII)
- Indian Council of Forestry Research and Education (ICFRE)
- Botanical Survey of India (BSI), Zoological Survey of India (ZSI)
- National Environmental Engineering Research Institute (NEERI)
- Indian Council of Agricultural Research (ICAR)
Challenges in the Legal and Policy Framework
- Implementation Gaps: Weak enforcement due to lack of resources, manpower, political will, and corruption.
- Inter-Ministerial Coordination: Lack of effective coordination between different ministries impacting biodiversity.
- Data Deficiencies: Insufficient data for effective planning, monitoring, and impact assessment.
- Balancing Conservation and Development: Persistent conflict; dilution of safeguards for "ease of doing business" is a concern.
- Capacity Building: Need for strengthening capacity at all levels, especially local.
- Public Awareness and Participation: Insufficient public awareness and meaningful participation.
- Judicial Activism and Delays: While often positive, legal processes can be lengthy.
UPSC Relevance
Key Areas for UPSC Aspirants:
Prelims: Extremely important. Key provisions, objectives, implementing bodies of WLPA, FCA, EPA, BDA. Recent amendments (WLPA 2022, FCA 2023). Major national policies (Forest Policy, NWAP, NBAP, NAPCC missions). CRZ, EIA notifications. Roles of NBWL, NTCA, CPCB.
Mains (GS III - Environment, Governance; GS II - Polity for acts/policies): Questions on salient features, significance, challenges of WLPA, FCA, EPA. Forest Rights Act and conservation interface. Need for integrated environmental policy-making.
Related Previous Year Questions (PYQs) - Conceptual Examples
Prelims Focus:
- WLPA schedules, Protected Areas, NTCA, Project Tiger.
- Constituting Act for CPCB (Water Act, 1974).
- Rights recognized under Forest Rights Act, 2006.
- Legislation mandating EIA (EPA, 1986).
- Significance of CRZ Notification.
- Constitutional provisions related to NGT Act, 2010.
Mains Focus:
- Variations in biodiversity in India; role of Biological Diversity Act, 2002. (UPSC Mains 2018)
- Key features of National Clean Air Programme (NCAP). (UPSC Mains 2020)
- Provisions of WLPA, 1972 regarding protected areas and its contribution.
- Analysis of Forest (Conservation) Act, 1980 and its challenges.
- Critical examination of Environment (Protection) Act, 1986 and its rules like EIA/CRZ.
Understanding this intricate legal and policy framework is key to grasping how India approaches the monumental challenge of protecting its rich natural heritage amidst developmental pressures.