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VI

CONCLUSION AND SUGGESTIONS

An earnest attempt has been made by the researcher to examine the various

problems relating to biodiversity and to justify the need for protection and

conservation of biodiversity, for the growth of legislation regarding conservation

of biodiversity– both substantive and procedural and for the enforcement and

implementation of such laws as well as international treaties and conventions

relating to conservation of biodiversity in India.

The Planet Earth appears to be at unrest. Among the global environmental

problems climate change, depletion of biological resources, ozone layer depletion

and pollution of international waters, depletion of biological resources, extinction

of species is considered by many environmentalists unique in the sense that its

depletion is irretrievable. The severity of the problem is confirmed by the Global

Species Assessment, which is produced by the Red List Consortium comprising

International Union for Conservation of Nature (IUCN) and its Species Survival

Commission. The degradation of Biodiversity is an inevitable phenomenon in a

global perspective. The ever increasing menace of Biodiversity degradation at a

very rapid pace can be attributed primarily to man’s contemptuous attitude

towards nature. Biodiversity is being in discriminately degraded in utter regard of

the fact that the nature is one that the man cannot replace. It is this callous and

systematic destruction of nature that now threatens man’s very survival. On a

large scale natural resources are misused by man and to make the matter worse,

there is the indiscriminate felling of trees and deforestation and hunting of animals

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for their skin in order to prepare articles and trophies has played havoc with the

ecological balance. As this threat to biodiversity has been accentuated in last three

to four decades due to ever increasing man’s intervention to the nature, it is high

time to look into and examine the schemes, plans, programmes having adverse

effects on the environment so that a better, balanced and ecofriendly development

could be a reality. The analytical examination of some of the issues associated

with the research topic lead the researcher to the fact that amongst the various

emerging environmental issues, the loss and degradation of biodiversity is one of

them, given the fact that the importance of conservation of biological diversity is

vital for the sustenance of human life on Earth. The idea of conservation of

biodiversity is probably as old as the human existence. If we go back to olden

days, the importance of biological diversity was not unknown to the world, but the

use of the term in the contemporary writings is relatively recent. There are various

obstacles in the conservation of biodiversity, for example, there is lack of

scientific knowledge on many species and ecosystems. Besides, general public

have only vague idea about the concept of conservation of biodiversity. The

effects of its degradation on the life of common man are little known to them.

Apart from this, other obstacles are lack of incentives among common people, lack

of political coordination, undervaluation of biological resources in comparison to

mineral resources, biological resources are not maintainable amongst people as

there is no market for genetic resources, the number of local institutions for

conservation and utilization of biological resources is very less and there is

absence of efficient techniques to identify minor differences among various

varieties within species. Conservation of biodiversity is must for survival of

humanity and any imbalance would lead to disruption of the normal cycle of

nature which would be detrimental to the life on this earth. In the recent decades

there is an alarming increase in the destruction of various species including flora

and fauna that are so crucial to our existence. And this destruction is due to

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indiscriminate felling of trees and hunting of animals. It is necessity of the hour to

conserve these valuable species and biodiversity. The habitat loss is the main

cause of biodiversity loss. Habitat loss is due to felling of forests, diversion of

forest land to non-forest use, mining activities, construction of dams and roads in

forests areas, overgrazing by domestic cattle population, metal and pesticide

population and conservation of wetlands to agricultural use. The majority of

natural wetland habitats are under threat due to human activities. The activities

like trawling, felling of mangroves trees and collection of coral blocks damage

coastal habitats .Similarly over-fishing, target fishing, fishing in banned areas,

destructive methods of fishing, reclamation and mining, poaching, harvest of wild

seeds, eutrophication are responsible for the loss of aquatic biodiversity. The

habitat loss has vastly reduced and fragmented populations of several hundred

species. Few examples are Asiatic Lion, Indian Great Bustard, Lesser Florican and

Indian Elephant. The other cause which destroyed the biodiversity on large scale

are natural disasters like fire, tree fall, floods and defoliation by insects.

Introduction of new species have drastic effects on existing species because of

which existing species may disappear. Hunting is the major cause for reduction of

various species, for e.g. poaching threatens survival of species like tiger, elephant,

leopard etc. Accidental morality is an another cause for loss of species.

Electrocution by high tension power lines, train hits, road kills are responsible for

loss of various species. Climate change is another cause for drastic change in the

range of plants and animals because some species cannot adapt to the changed

climate. Apart from this, a crucial role is played by the political factors in

biodiversity loss due to lack of political coordination, differences in interest

among groups on exchange of biological species, incomplete information on

biodiversity in the political decision-making and distortion of political incentives.

Because of these reasons, humankind is being deprived of biodiversity every day.

Reports of the Zoological Survey of India reveal that the cheetah, the pink-headed

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duck and the mountain quail have already become extinct, brown antlered deer,

hispid hare etc. are feared to be in a critical species status, Java rhinoceros,

Philippine eagle, Hawaiian crow, Spix’s macaw and Chinese river dolphin are few

steps away from total extinction. Similarly, various species of plants are on the

verge of extinction. The effects of this irreparable loss of biodiversity are

multifaceted. Loss of biodiversity means loss of valuable genes, loss of cultural

diversity, loss of ecosystem disrupting the food chain and energy flow and at the

same time cause imbalance in the ecosystem. If we have a look on the profile of

Indian biodiversity, it shows that India contains a great wealth of biological

diversity in its forests, its wetlands and in its marine areas as comparison to the

biodiversity of the world. But if the destruction continues by the human activities,

it is not possible to conserve these valuable species for the future generation . In

order to combat with this problem, the International Union for Conservation of

Nature (IUCN) divided the species into four categories viz; Endangered,

Vulnerable, Rare, Threatened species. Recently it has been observed that, at

present, India is home to several animal species that are threatened, which includes

over 77 mammals, 22 reptiles and 55 birds and one amphibian species. Threats

vary from poaching and illegal trade to dwindling forest cover and habitat thank to

development and population pressure. Various reasons responsible for the

extinction of species includes natural extinction, mass extinction and

anthropogenic extinction. Besides this, four regions have been identified as the

hotspots of biodiversity in India. These regions are North East India, he Eastern

Ghats, the Western Ghats and the Andaman and Nicobar Islands. These regions,

in fact, constitute two of the 18 hotspots of global biodiversity.

In India, we have a rich heritage of wildlife to inspire and great thinkers of the

past to fall back upon. In fact, there is no other country in the world whose

heritage is so greatly tuned to the preservation and protection of the biodiversity.

India is one of the 12 mega biodiversity countries of the world. Conservation and

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Sustainable use of biological resources based on local knowledge systems and

practices is ingrained in Indian ethos and way of life. Biological Diversity, the

variety among living organisms, is not only a capital in the global bank, but it is

the life support system which nourishes, conserves develops existing species and

evolves new varieties through natural evolution and selection. It is such a capital

which has a self-healing, self-generation capacity, if the ecological balance is

maintained and carrying, capacity of earth is not disturbed.

The civilization of India had grown up in close association with nature. There

had been a concern for every form of life in the Indian Mind. Every religious

school that flowered in our land contained the message in regard to conservation

of biodiversity and maintenance of ecological balance. Nature or earth has never

been considered as hostile element to be dominated. On the contrary, it has to be

respected like Mother. In fact, men are forbidden from exploiting Nature. He is

taught to live in harmony with Nature and recognize that divinity prevails in all

elements, including plants and animals. In ancient India, trees and plants have

been considered as revered, bestowers of good and protectors from evil with a

concept of God living in them. Trees and Plants are considered as the abode of

various Gods and Goddesses e.g Peepal (Vishnu), Banyan (Brahma), Lotus

(Laxmi), Ashoka (Buddha), Mango (Goverdhan), Neem (Sitala), Kadamb (

Karishna). Similarly, several animals and birds are respected and worshipped

according to Hindu Mythology. These creatures are regarded as divine form of the

Hindu God and Goddesses, e.g. Owl (Laxmi), Swan (Saraswati), Dog (Bhairava),

Lion (Durga), Elephant (Ganesha), Bull, Snake (Shiva), Deer (Vayu). RigVeda,

Manusmriti have emphasized on the purity of water and healing and medicinal

value of water. Similarly trees and plants have been regarded as indispensable in

the life of human beings. Trees and Plants are considered as the abode of various

Gods and Goddess. Because of these injunctions a system of Maryada (code of

conduct) developed in Indian society to keep water clean and protect plants and

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trees. 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. But now, the Earth is a victim of the onslaught of

materialistic civilization and industrial revolution, as a consequences of which

there is rapid depletion of natural resources. The only solution to this problem as it

seems, is the existing ‘mindset’ which is tuned to paradigm of growth dedicated to

exploiting natural resources as an indicator of progress, to be replaced by a

‘mindset’ tuned to paradigm of harmonious growth dedicated to least cost

planning and conservation of biological diversity and sustainable development.

Since Vedic times, the main motto of social life was ‘to live in harmony with

Nature’. Sages, saints and great teachers of India lived in forests, meditated and

expressed themselves in the form of Vedas, Upanishads, Smritis and Dharmas.

An attempt has been made by the researcher to view the forestry sector including

flora and fauna and the laws relating to it in ancient India in a manner that can be

relevant not only from the point of view of scientific forestry principles, but also

how a layman relates to the forests. Forests being an important part of biodiversity

continue to get depleted because of human activities. The whole emphasis of our

ancient scriptures is that human beings cannot separate themselves from natural

surroundings and earth has the same relationship with a man as the mother with

her child. The ancient Hindu traditions, the anecdotes of Kautilya’ Arthashastra,

hymns of Vedas take us back in time to reemphasize the importance of forests.

The Conservation of Biodiversity had always been an inherent part of Indian

philosophy. Man, Nature relationship is at the centre of Vedic vision and they

proclaim man’s duty to preserve the Biodiversity. The Vedic polity knew that

plenary existence of human beings on earth mandates a balance of water,

vegetation and human life. 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

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phenomena of nature that they worshiped. All the four Vedas viz; Rigveda

(wisdom of verses), Samaveda (wisdom of the chants), Yajurveda(wisdom of the

sacrified formulas) and Atharvaved (wisdom of the Atharvan Priests) teach us

through hymns and verses the effects and aspects of good, clean environment. The

Hindu concept of “Panchbhoota is also relevant here land, water, air, energy and

space constitute the basic elements of living organisms. All these must remain

ample to sustain life. According to Vedas one can take from earth and atmosphere

only so much as one puts back to them. It is a universal truth and Nature is there to

fulfill all our needs, but it cannot cater human greed. In the Mauryran period,

Kautilya’s Arthasastra, Megasthenes’ Indika, Visakhadatta’s Mudrarakshasas

testifies the fact there existed an independent forest department with a system of

forest offences and penalties. Kautilya’s classified the forests into grassland for

cattle; forest where the Brahmins can continue their studies of Vedas and other

scriptures; forest fit for carrying out religious sacrificed rites; forest for

construction of hermitages of the ascetics. Kautilya’s classification of forests is

apparently based on the concept of reserve forests by different means and indicates

that the Conservation of biodiversity was an important aspect in ancient period.

The campaign of conservation of biodiversity was also popular with the emperors

like Akbar, Harshwardhana and Ashoka.

Forests have been revered and feared since time immemorial. Portions of it

have been regarded as Dev~aranya (God’s Abode). Even in Ramayana and

Mahabharta ,there are evidences which shows concern for the conservation of

biodiversity. Van parv of Mahabhart and Aranyakand as well as Uttar Kand of

Ramayan specifically deal with the importance of forests, living creatures etc. for

man’s life and these texts preach all possible protection to the forest property,

animal species and other organisms. Thus, in the ancient time, water, animals and

plants mostly attracted a favourable attention of each member of society.

Buddhism philosophy is also rooted in nature as there are plenty of biodiversity

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conservation and environment safety injunctions in it that has been highlighted.

Buddhism very strongly prohibits wastage, overexploitation and hording of and

stresses on contentment and simple life style. It emphasizes simple living and high

thinking. Buddhism has long advocated reverence and compassion for all life. As

the essence of Buddhism is non-violence, so they believe in love and respect for

every living creatures including plants and animals. Similarly, the importance of

balance between man and nature based on divine principles have been described in

the Islamic scripture. Holy Quran refers to the various components of environment

at length. It states that man should not neglect the creatures and earth created by

God. Various measures have been taken under Islamic law for the protection of

biodiversity includes protection, conservation and development of the

environment and natural resources is a mandatory religious duty to which every

Muslim should be committed. Religious awareness and guidance in this field is

necessary so that each individual may take part in the protection and development

of the environment and natural resources. Christians are also well aware of

conservation of biodiversity even from the ancient times. The message of Pope

Paul makes it amply clear that there is a link between Christianity and

conservation of biodiversity and the thrust is for sustainable development.

Under Christian theology human beings have been given a superior status who

can use animals for their sole benefit. According to Christianity, the man of today

should not exploit the natural resources in such a way so that nothing is left for the

coming generation. Before the attainment of independence, the situation relating to

the protection of the biodiversity was not that clear but from the writings it is clear

that starting from the ancient period till the end of British Rule in India, the

country has a mixed response. Harmony with nature has also been the

predominant trait in the history of Medieval India and in Mughal times. Special

laws were made to preserve forests and wildlife. The remarkable development of

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art and architecture in the history of Mughal period reflects man’s harmony with

Nature.

The British regime used the ‘eminent domain’ principle and the sovereign

rights theory in the name of public purpose to regulate forests. The rights of

people were converted into privileges. Further the State was empowered through

courts in order to protect and conserve forests. During British Period, the concerns

regarding conservation of biodiversity was first noticed when the laws of general

nature were enacted for the Conservation of Biodiversity, for example, The Indian

Fisheries Act, 1897, Forest and Wild life Conservation Act, 1927 and all these

special laws were given national character. Besides these, the concern for wildlife

protection has mainly arisen due to fragmentation and destruction of habitat.

Layman is only aware of about one percent of the total species in the world and

the extinction of known species at an unprecedented rate has been a cause for

global concern. Because of lack of knowledge regarding the species on the verge

of extinction, lots of various precious species were in danger. The conflicts

between man and animals pose a big threat to the wildlife itself. But the greatest

threat to the conservation of wildlife is the increasing demand of wildlife products

across the globe. Rampant poaching for wildlife and its products are primarily

driven by the demands in the international markets. Some believe that the volume

of illicit trade in wildlife is next to the illegal narcotics trade. Thus far, the

offenders of the wildlife have not been deterred by the action of the courts because

the wildlife prosecution has been slow, delayed and not much effective due to lack

of knowledge pertaining to wildlife species, lack of trained officials, low priority

to cases relating to hunting of animals by the courts etc. Then in late 1900, there

had lots of attempt at wildlife conservation in the form of legislative enactments

like The Elephant Preservation Act 1873, Wild Birds and Animals Protection Act

1912 and later, the Wildlife Protection Act 1972. India also became party to

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several international conventions relating to wildlife species as well as habitat

protection, thereby exhibiting great concern for the conservation of biodiversity.

The state of the conservation of biodiversity at the outset of the twenty first

century is not the same as it was decades ago. Today the goals commonly

expressed by environmentalists include reduction and clean up man made

pollution, with future goals of zero pollution, reducing societal consumption of

non-renewable fuels, development of alternative green, low-carbon or renewable

energy sources, conservation and sustainable use of scarce resources such as

water, land and air, protection of representative or unique or pristine ecosystems,

preservation and expansion of threatened or endangered species or ecosystems

from extinction, the establishment of natural and biosphere reserves under various

types of protection and most generally, the protection of biodiversity and

ecosystems upon which all human and other life on earth depends. Biodiversity

degradation and its impact on life is a matter of global concern. New

environmentalism in the United Nation’s Stockholm Conference in 1972

crystallized nebulous concept of environmental protection and conservation of

biodiversity on global political agenda to work out a strategy for the conservation,

preservation and improvement of Biodiversity. The development of international

law on conservation of biodiversity can be traced back at least to the 19th

century

by the adoption of a number of bilateral treaties concerning fishing stocks. First

attempt of International concern for protection of conservation began with the

formation of the American Fisheries Society in 1870, which was extended in 1902

and renamed as International Association of Game, Fish and Conservation

commission. The further approach of international law relating to this problems is

well illustrated by another international arbitration i.e. in the Behring Fur Seals

Arbitration, the dispute was between US and Great Britain over alleged over –

exploitation of fur seals in areas beyond the (then) three nautical miles limit of US

territorial waters. The Panel found that the US had no right of ‘Protection and

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Property’ in the seals, despite the importance of their conservation for local US

citizens and their migration between the high seas and the US territories. However,

the outcome of the dispute was a series of provisions, binding on the two parties to

regulate seal fishing in the area, displaying many of the features of modern

conservation treaties. In 1872 Switzerland proposed for an international regulatory

commission for the protection of birds which led to the formation of International

Ornithological Congress and Convention to protect birds useful for agriculture in

1902. The recognition of the need for concerned action to protect wildlife came as

early as 1900, when the London Convention on the Protection of Wild Fauna in

Africa was concluded, although it was never ratified. On March 1902, the

Convention for the Protection of Birds Useful to Agriculture was signed in Paris,

and is still in force although it has been completely superseded. On 8 November

1933, the London Convention Relative to the Preservation of Fauna and Flora in

their Natural State was signed. The last Convention to be signed before the war

was the Convention on Nature Protection and Wildlife Preservation in the Western

Hemisphere, 1940, which remains in force to this day although it is of relatively

little influence. One of the major events in the first half of the twentieth century

was the Convention on Preservation of Flora and Fauna in their Natural State in

the year 1933. The aim of this convention was to preserve the natural fauna and

flora of certain parts of the world, particularly of Africa, by means of national

parks and reserves, and regulating, hunting and collection of species. The concept

of a World Treaty came into existence at an IUCN meeting in Fontainebleau in

1948 and discussed at the first UNESCO-IUCN International Technical

Conference on Nature Protection at Lake Success (USA) in 1949. But there was a

major drawback in this convention as there was no institutional arrangement for

the administrator of provisions and compliance of the provisions. After Second

World War, a new phase for the conservation of biodiversity started in which

nations started addressing the environmental issues and started forming

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international organizations. The establishment of the United Nations Organization

(UNO) in 1945 gave a driving force to the international law of biodiversity. From

the time of its establishment, the United Nations was conscious about the

degradation of biodiversity, which may have had adverse effects upon mankind.

The Stockholm Conference was neither a beginning nor an end but an

unprecedented opportunity to break new ground in the management of a world in

which all of us live and draw our sustenance. In view of the growing concern over

the conservation of biodiversity the world community has convened several

conferences like International Convention for the Regulation of Whaling, 1946,

with its main objectives of protection of all whale species from overhauling and

establishment of a system of international regulation for the whale fisheries to

ensure proper conservation and development of whale stock; International

Convention for the Protection of Birds, 1950 for the protection of birds including

migratory birds; International Plants Protection Convention, 1951, with the aim of

preventing the introduction of diseases and pests of plants into the territories of

contracting parties; Convention on Fishing and Conservation of the of the Living

Resources of the High Seas, 1958 to solve through international cooperation the

problems involved in the conservation of living resources of the high seas;

Declaration on the Permanent Sovereignty over natural resources came into

existence in 1962 with lots of declaration, the one of the important declaration

being that the right of peoples and nations to permanent sovereignty over their

natural wealth and resources must be exercised in the interest of their national

development and of the well-being of the people of the State concerned; Agreed

Measures for the Conservation of Antarctic Fauna and Flora, 1964 with main

objective to recognize the scientific importance of the study of Antarctic fauna and

flora, their adaptation to their rigorous environment, and their interrelationship

with that environment. Then came the Stockholm Conference, 1972, with seven

proclamations and twenty-six principles, and the overall objective of this

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Conference was the conservation of environment including natural resources. The

concept of sustainable development came into existence in this Conference.

According to one of the principle of the conference, ‘natural resources of the earth

including air, water, land, flora and fauna and especially the representative

samples of the natural ecosystems must be safeguarded for the present and future

generations through careful planning or management’. Another important

principle states that ‘Man has special responsibility to safeguard and wisely the

heritage of wildlife and its habitat which are non gravely imperiled by a

combination of adverse factors’. Nature conservation, including wildlife, must

therefore, receive importance in planning for economic development. The reason

for conserving nature is acknowledged that conservation of living natural

resources (i.e. plants, animals, and micro-organisms) and the non-living elements

of the environment on which they depend is crucial for development. The

Convention for the Conservation of Antarctic Seals, 1972 was signed with an

objective to recognize the vulnerability of Antarctica seals to commercial

exploitation and the consequent need for effective conservation measures, because

this resource should not be depleted by over-exploitation and harvesting should

not exceed the levels of the optimum sustainable yield. Another agreement

commonly known as Agreement on the Conservation of Polar Beers, 1973 for the

prohibition of taking of polar bears and taking appropriate action to protect the

ecosystems of which polar bears are a part, with special attention to habitat

components such as denning and feeding sites and migration patterns. Convention

on International Trade in Endangered Species of Wild Fauna and Flora, 1973

(CITES) is another landmark in the field of conservation of biodiversity. Roughly

5,000 species of animals and 28,000 species of plants are protected by CITES

against over – exploitation through international trade. These species are

threatened with extinction if trade is not halted. Trade in wild-caught specimens of

these species is illegal. In case of trade of captive bred animals or cultivated plants

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the management authority of the exporting country must make a non-detriment

finding, assuring that export of the individuals will not adversely affect the wild

population. Any trade in these species requires export and import permits; the

Management Authority of the exporting state is expected to check that an import

permit has been secured and that the importing state will be able to care for the

specimen adequately. The Convention on Wetlands of International Importance

1971 and 1982 (RAMSAR) provide that wetlands are life support systems for

people living around and are effective in flood control, waste water treatment,

reducing sediment and recharging of aquifers, and as they are winter resort for a

variety of birds for shelter and breeding and provide a suitable habitat for fish and

other flora and fauna, as they help in checking soil erosion and replenish the water

levels during periods of scarcity and sponge up excess water after a heavy rainfall,

the conservation of wetland is must. The Ramsar Convention is an international

treaty for the conservation and sustainable utilization of wetlands, i.e. to stem the

progressive encroachment on and loss of wetlands now and in the future,

recognizing the fundamental ecological functions of wetlands and their economic,

cultural, scientific and recreational value. Another Convention which speaks

regarding the conservation of migratory birds was Bonn Convention on the

Conservation of Migratory Species of Wild Animals, 1979. The Convention

recognized that wild animals are an irreparable part of the earth’s natural system

and it is an obligation of mankind to ensure that this legacy is conserved for future

generation. Since wild animals migrate from one State to another, it is the duty of

the States to protect them in whose territory they are found. A Secretariat under

the auspices of the United Nations Environment Programme (UNEP) provides

administrative support to the Convention. It is based in the UN Campus in Bonn,

Germany. A Standing Committee provides policy and administrative guidance

between the regular meetings of the Conference of Parties. The Convention on the

Conservation of Antarctic Marine Living Resources, 1980 ensured the

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conservation of Antarctic Marine Living Resources and increased knowledge of

the Antarctic marine ecosystem and its components so as to be able to base

decisions on harvesting on sound scientific information. Under this Convention,

the Contracting Parries established a Commission with the functions to facilitate

research into and comprehensive studies of Antarctic marine living resources and

of the Antarctic marine ecosystem; to ensure the acquisition of catch and effort

statistics on harvested populations; to analyze, disseminate and publish the

information regarding factors affecting the distribution, abundance and

productivity of harvested species and dependent or related species or populations

and to identify conservation needs and analyze the effectiveness of conservation

measures. Then came the World Charter for Nature, 1982. The Charter was

adopted by the U. N. General Assembly. It consists of twenty-four principles. The

Charter recognizes that ‘ Mankind is a part of nature and the civilization is rooted

in nature, which has shaped man, culture and scientific achievements, and living in

harmony with nature gives man the best opportunities for the development of his

creativity and for the rest and recreation.’ According to charter, genetic viability,

population level of all forms and their habitats, all areas of earth, both land and

sea, ecosystems and organisms should be protected and conserved. International

Treaty on Plant Genetic Resources for Food and Agriculture, 2004, popularly

known as the International Seed Treaty is a comprehensive international

agreement in harmony with Convention on Biological Diversity, 1992. It

recognizes farmer’s right to freely access genetic resources, to be involved in

relevant policy discussions and decision making and to use, save, sell and

exchange seeds, subject to national laws. Similarly, U.N. Convention to Combat

Desertification, 1994 in those countries experiencing serious drought and/or

desertification, particularly in Africa is an agreement to combat desertification and

mitigate the effects of drought through national action programs that incorporate

long-term strategies supported by international cooperation and partnership

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arrangements. In 2006, International Tropical Timber Agreement came into

existence to promote the expansion and diversification of international trade in

tropical timber from sustainably managed and legally harvested forests and to

promote the sustainable management of tropical timber producing forests.

The vitality of these Conventions depends upon the behavior of the

governments and will of the people. The challenge is to conserve the biodiversity,

so effective global policies relating to conservation of biodiversity need to be

evolved through coordination and cooperation of the international community. It is

with these parameters in mind that the researcher made an attempt to analyze the

issue of Conservation of Biodiversity at International and National levels, by

discussing various dimensions of the concerned subject.

Due to increase in the rate of destruction of biological diversity, there has been

a growing recognition that the world community should take concerted action to

ensure the conservation of species and ecosystems. Until the adoption of the

Convention on Biological Diversity, the sectoral and regional nature of

International instruments for the protection of species and ecosystems resulted in

considerable gaps in coverage in both cases. In consequence, the priority of the

new Convention was to extend the scope of conservation obligations to a much

larger range of situations than those presently covered by the body of international

conservation law in force, including global instruments.

The emergence of a consensus on the conservation of biodiversity as one of the

‘common concerns of humankind’ prior to the 1992 Rio Earth Summit heralded a

new era in regulating global environmental problems. The 1992 Convention on

Biological Diversity (CBD) was the direct result. Ratified by 192 states; it affirms

the ‘sovereign rights of the States over their own biological resources’. The term

biodiversity has assumed great significance in the recent discourse on conservation

of wildlife species. The distinction between genetic diversity, species diversity and

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ecosystem diversity is gaining popular acceptance. The Convention on Biological

Diversity, 1992 mainly lays down performance obligations and leaves the

Contracting Parties free as to the choice of means to discharge their obligations.

They must therefore enact or further develop their national legislation for that

purpose. There is an obligation under the CBD to identify processes and categories

of activities which have or likely to have significant adverse impacts on the

conservation and sustainable use of biological diversity and to regulate or manage

such processes or categories of activities. The present Convention is a further step

towards integrated conservation and should considerably assist in the resolution of

many current problems pertaining to endangered species, wildlife species, and

their natural habitats. The objectives of this Convention, to be pursued in

accordance with its relevant provisions, are the conservation of biological

diversity, the sustainable use of its components and the fair and equitable sharing

of the appropriate access to genetic resources and by appropriate transfer of

relevant technologies. In view of its concern for the conservation of biodiversity,

India has established a reasonable framework of direct actions for conservation,

sustainable use, and benefit sharing. This comprises not only policy measures but

also a legislative and institutional framework to provide a strong backbone for

meeting the objectives of the CBD.

Each country needs to assess the legal coverage of biodiversity conservation

and use within its boundaries. Such an assessment has been broadly carried out for

India. This assessment first provide a conceptual frame work within which to

examine each law and deals not only with conventional conservation laws but also

other laws relating to development, use and distribution of resources. The

Biological Diversity Act, 2002 provides for the establishment of the National

Biodiversity Authority, the State Biodiversity Board, and Biodiversity

Management Committee for the purpose of conservation, sustainable use and

documentation of biodiversity including preservation of habitat, conservation of

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endangered species, breeds of animals and micro-organisms and chronicling of

knowledge relating to the conservation of biodiversity. The Act also provides for

the punishments to those who contravene the provisions of the Act.

In the early days of independence no immediate policy framework could be

noticed. But with the advent of planning process through the successive plan

periods the concern for conservation of biodiversity could be noticed. The last

three decades of the twentieth century witnessed hectic activities by the

Government of India in which the Legislature, the Executive and the Judiciary all

played pivotal roles in shaping and moulding the policy guidelines aiming at

conservation of biodiversity. Just after the Indian Constitution came into force,

India started planning through Five Year Plans and these plan periods play a

crucial role in moulding the various objectives of the government in

environmental protection and biodiversity conservation. Even the Constitution of

India contained few provisions for the protection of environment and conservation

of biodiversity. On the one hand, it gives directive to the State for the protection

and improvement of natural resources (48A), on the other hand it casts a duty on

every citizen to help in the conservation of natural resources (51A(g). These

Provisions are indicative of the government’s awareness of a contemporary

problem and of the need for providing a Constitutional base for further action at

the national, state and local laws. For uniform legislation, the present scheme of

the Constitution empowers the Central Government to legislate laws for the

Conservation of Biodiversity even with respect to matters enumerated in the State

list. Thus, it is clear that the Constitution of India contains adequate provisions for

conservation of biodiversity. Besides this, the Parliament of India passed certain

laws like Indian Forest Act, 1927, Forest (Conservation) Act 1980, Wild life

(Protection) Act, 1972, Environment (Protection) Act, 1986 and Biological

Diversity Act, 2002. These Acts have been enacted in order to conserve the

biodiversity from rapid degradation and to coordinate system of speedy and

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adequate response to emergency situations threatening the biodiversity. These

Acts also provide adequate powers to the Central and State Governments to

penalize the offender in case of contravention of the provisions of laws and

policies relating to environment protection and conservation of biodiversity.

The researcher has made earnest efforts to project the role of Judiciary in

biodiversity conservation and promotion of sustainable development. The review

regarding judicial activism reflects conclusively that implementing laws on

conservation of biodiversity besides legal mechanisms, other means are also

necessary, such as proper administrative policy and process, public participation,

international and national cooperation. As far as the role of judiciary is concerned ,

it may be concluded that the Judicial Activism has also come in action and the

Courts in India have not been a silent spectator in this regard but have come

forward to check that the directive principles of the State Policy as well as the

fundamental rights enshrined in the Constitution of India relating to conservation

of natural resources are obeyed and kept in view to protect and improve the

biodiversity and to safeguard the wild life heritage of the country.

There is a very vital question on the role of court in implementation of laws on

conservation of biodiversity. There is criticism that judges are generalists who

cannot intelligently analyze technical issues as a scientist. But if we look into the

various cases decided by the Supreme Court and High courts it will be seen that

without much going in the technical aspect of a case the judges decide the cases on

the question whether an agency has acted arbitrarily or capriciously. However

Indian Judiciary has made an extensive use of the Indian constitutional Provisions

and developed a new environmental jurisprudence in India by incorporating

various international environmental law principles like, polluter pays,

precautionary principle, absolute liability, public trust doctrine and sustainable

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development. In India, most of the matters related to conservation of biodiversity

have been brought before the judiciary through Public Interest litigation (PIL).

While expanding the scope of Aricle 21 that is Right to life to the widest

possible amplitude it includes the right to livelihood, right to speedy trial, right to

clean air, forest, wildlife, water and environment and right to traditional method of

environmental protection under right to life. The right to life approach not only

implicates absence of polluted environment but also the quality of environment by

attractive enumeration of justifiable entitlements such as clean rivers and lakes,

coastal resources zone, forestation, preservation of wetlands, healthy growth of

wildlife and ornithology. To abate environmental degradation and pollution not

only the fundamental right to a wholesome environment was articulated through

Articles 32 and 226 but the Apex Court started resorting to Article 142 of the

constitution to augur environmentalism. This view was firmly established in

Consumer Education and Research Centre Case. Similarly, In G R Simon and

Others vs. Union of India, the provisions of Chapter V A of the Wildlife

Protection of the Amendment Act, 1986 and the notifications issued thereunder

were challenged by the petitioners as violative of Article 19(1) (g) read with

Article 300 and Article 300 A of the Constitution. The petitioners were a group of

manufacturers, wholesalers and dealers engaged in the retail trade of tanned, cured

and finished skin of animals and engaged in the retail trade of animal articles made

of animal skin. The petitioners argued that by making amendment to the Act and

decreasing unlawful holding of stocks after the expiry of the stipulated period,

except when the stocks are kept for their personal use, becomes unlawful and

hence confiscatory and amounted to deprivation of property. They further

contended that the amendment Act made them jobless without any compensation.

The petitioners had lawfully acquired skin, and skin articles of animals by

investing huge amounts of money and hence were deprived of the sources of

livelihood a1d violated their rights under Art. 19(1)(g). However, the court

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rejected the petitioners’ contentions and stressed the importance of passing the

Wildlife Protection Act. In addition, the court stated that the petitioners had all the

opportunity of selling and disposing of their stocks to authorized persons from the

date of amendment till the date of the case but wasted that time. Therefore, they

were not entitled to any further time for the disposal of stocks, and such stocks of

the petitioners would be liable to be dealt in accordance with the provisions of the

Act. Hence, the amendment to the Act was valid and intra vires and not violative

of the Article 19(1) (g). Again in,T.N.. Godavarman Thirumulkpad v Union of

India, (popularly known as Forest Conservation case), the Supreme Court issued

interim directions that all the on-going activities within any forest in any State

throughout the country without the permission of the Central Government must be

stopped forthwith. Running of saw mills including veneer or plywood mills within

the forests was also stopped. Felling of trees in the State of Arunachal Pradesh was

totally banned in certain forests whereas in other forests it was suspended in

accordance with the working plan of the State Government. Movement of cut trees

and timber from any of the seven North-Eastern States to any other State was

completely banned. The Court issued directions to stop felling of trees in other

States such as the State of J&K, Himachal Pradesh and Tamil Nadu, with a view

to protect and preserve the forests. The Supreme Court modified some of these

directions subsequently. The Court called for the comprehensive statement of all

the States about their past activity and their future programme to tackle the

problem of degradation and degeneration of forests. Apart from this, ‘Chipko

Movement’ a green venture started by S.L Bhauguna in the early seventies and the

‘Dasholi Gram Swarataya Sangh’ lead by Chandi Prasad Bhat have made big

strides in protecting environment in a bigger way. These moments with the help of

Apex Court has come forward in self-guarding environment against hazardous

environmental degradation. Indian social and moral ethics relating to conservation

of biodiversity have been accepted by Indian courts time and again. In Tarun

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Bharat Singh v.U.O.I, the Apex Court explained that, ‘the pPreservation of the

flora and fauna, some of the spices of which are getting extinct at an alarming rate,

has become a great & urgent necessity for the survival of humanity and these laws

reflect a last-ditch battle for the restoration……’. Thus, it is clear that as and when

cases have come before the courts, they have come forward and acted even at the

initiative of a common man or voluntary organizations with the view to conserve

and protect the biodiversity and to maintain the ecological balance. The court in

many cases observed that the development shall have to be in closest possible

harmony with the nature as otherwise it would result in total devastation. Further,

the National Wildlife Action Plan provides the framework of strategy as well as

programmes for conservation of wildlife e.g. the project tiger, the project

Elephant, Crocodile, Rehabilitation, Project Snow Leopard, Rhino conservation

project etc. There were about 40,000 tigers during 1909-10 in India and this

number was reduced to 25,000 by the year 1972. The Project Tiger was launched

on 1st April, 1973 to ensure maintenance of viable population of the tigers in India

for scientific, economic, aesthetic, cultural and ecological values. The elephant

habitat has shrunken over the years and poaching for elephants tusks has

endangered the species. Project Elephant was launched in February 1992 to assist

States having wild elephants to ensure long term survival of identified viable

populations of elephants in their natural habitat. The Gir forest in the Saurashtra

peninsula of Gujarat is the only surviving habitat of the Asian lion. At present in

whole of Asia, this lion is found only in Gir Forest. Then the Crocodile Project

started from a proposal for development of a crocodile farming industry in India.

A total of 16 crocodile rearing centres have been developed in the country in eight

States. The centrally sponsored scheme for conservation of Rhinos in Assam was

introduced in 1987 and was continued for effective and intensive management of

rhino habitat. Apart from this, India is also a signatory of several International

Conventions on Migratory Species (CMS), International Whaling Convention

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(IWC), and World Heritage Convention (WHC) etc. Recently, India has the lead

in the formation of the Global tiger Forum. Under the aegis of the Ministry of

Environment and Forests, government agencies, citizen groups, scientists and

communities have come together to formulate a micro-level national bio-diversity

strategy and action plan over the next two years. This has been termed as the

National Biodiversity Strategy and Action Plan (NBSAP) Vision 2000. Various

Penalties are provided under Biodiversity Act, Wildlife Protection Act and Forest

Protection Act for degradation of natural resources.

However, the CBD provisions would not be realized in true spirit unless there

is much greater public debate on the various issues it raised, a debate which would

lead to creative and constructive interpretations of the convention’s provisions,

and to urgently needed follow-up action. Even as basic a task as inventorying the

biodiversity of the country needs to be completed, especially with regard to lower

plants and animals, micro-organisms, assessments of the status of species,

populations, and various human activities on biodiversity. But research is just one

of the urgent tasks needed. We need a drastic reorientation of our development

policies and programmes in all sectors, from agriculture to industry to trade, if not

just biodiversity but the entire natural environment on which we depend is to be

saved.

Discussions of the current extinction crisis often focus on the fates of the

prominent endangered species, and in many cases on deliberate over exploitation

by human beings as the cause of the endangerment. The time has come, however,

to focus public attention on a number of more obscure and unpleasant truths, such

as the the primary cause of the decay of organic diversity is not direct human

exploitation or malevolence, but the habitat destruction that inevitably result from

the expansion of human populations and human activities; many of the less

cuddly, less spectacular organisms that Homo sapiens is wiping out are more

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important to the human future than are most of the publicized endangered species.

People need plants and insects more than they need leopards and whales; other

organisms have provided humanity with the very basis of civilization in the form

of crops, domestic animals, a wide range of industrial products, and many

important medicines. Nonetheless, the most important anthropocentric reason for

preserving diversity is the role that microorganisms, plants and animals play in

providing free ecosystems services, without which society in its present form

could not persist. The loss of genetically distinct populations within species is, at

the moment, at least as important a problem as the loss of entire species. Once

specie is reduced to a remnant, its ability to benefit humanity ordinarily declines

greatly, and its total extinction in the relatively near future becomes much more

likely. By the time an organisms is recognized as endangered it is often too late to

save it. Extrapolation of the current trends in the reduction of diversity implies a

denouement for civilization within the next hundred years comparable to a nuclear

winter. Arresting the loss of diversity will be extremely difficult. The traditional

‘just set aside a preserve’ approach is almost certain to be inadequate because of

certain factors such as runaway human population growth, acid rains, and climate

change induced by human beings. A quasi-religious transformation leading to the

appreciation of the diversity for its own sake, apart from the obvious direct

benefits to humanity, may be required to save other organisms and ourselves.

Similarly, destruction of forests deprives humanity not only of the timber but also

of dependable freshwater supplies and further more increases the danger of floods.

Natural ecosystems maintain a vast genetic library that has already provided

people with countless benefits and had the potential for providing many more. The

basic point is that organisms most of which are obscure to non-biologist play roles

in eco systems that are essential to civilization.

If the current decimation of the organic diversity continues, we will face

various problems like crop yields will be more difficult to maintain in the face of

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the climatic change, soil erosion, loss of dependable water supplies, decline of

pollinators, and even more serious assaults by pests. Conversion of productive

land to wasteland will accelerate, deserts will expand more. Air pollution will

increase, and local climate will become harsher. Humanity will have to forego

many of the direct economic benefits it might have withdrawn from the earth's

once well-stocked genetic library. Life expectancies will be lowered due to

development of more incurable diseases. Humanity will bring upon itself

consequences depressingly similar to those expected from a nuclear winter.

Barring a nuclear conflict, it appears that civilization will disappear some time

before the end of the next century-not with a bang but with a whimper, unless

pressing curative steps are taken.

SUGGESTIONS

India is richly endowed with a wide variety of flora and fauna. There is

perhaps no other country in the world that can rival it in biodiversity and natural

wealth. With a forest cover of 19 per cent of its total geographical area - of which

as much as 11 per cent is good or dense forest. India is home to 372 mammals,

1,228 birds, 428 reptiles, 204 amphibians, 2,546 fishes, 57,245 insects, 5,042

mollusces and several other species of invertebrates. It is the only country to have

all the five major vertebrates - the tiger, lion, panther, elephant and the rhino. The

ever-increasing demand for wildlife products in the international markets,

particularly in South-East Asia, Europe and North America, poses a greater

challenge to the Government and conservationists.

Several species, including the tiger, rhino and the elephant are being

slaughtered to feed the lucrative illegal trade in wildlife. Apart from it, Today ,

man in his unquenching thirst for comforts is so arrogantly misusing his

environment including flora and fauna that he is quite close to suffocating himself.

He has drawn so much from nature for his greed that these are having a bad impact

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on the biodiversity. Because of these inhuman activities, number of wildlife

species is on the verge of extinction. It is only recently that man has come to

realize that the biodiversity is degraded and this degradation affects the quality of

life, various precious of plants and animals and natural resources on the earth. The

proper management requires that man’s demands should be so fulfilled that natural

resources are able to sustain the need for development. Man’s quest should be

accompanied by proper biodiversity management concept, skills and strategies for

the conservation of biodiversity in order to maintain a balance in the ecosystem.

To overcome this menace, a well planned and concrete effort is needed.

Suggestions for combating the problem of degradation of biodiversity is

divided under two categories, viz., at international level and national level.

Following suggestions are helpful in combating the present problem of

biodiversity degradation at international level:

1. The wording of the CBD’s objective to ensure the fair and equitable sharing

of benefits arising from the utilization of genetic resources has proven

unfortunate and presented a major stumbling block to negotiation of an

effective international regime on Access and Benefit Sharing (ABS). A

literal definition of genetic resources would, in effect, exclude from the

remit of any regime biochemical compounds, which do not contain

functional units of heredity. Developing countries have long argued that

any regime must deal with not only genetic resources but also proteins,

metabolites and other so-called derivatives of genetic resources.

2. The inclusion of traditional knowledge associated with genetic resources is

of critical importance for any meaningful international ABS regime as

access to genetic resources often occurs through the use of associated

traditional knowledge. Accordingly, the most recent draft ABS Protocol

includes several provisions relating to traditional knowledge in the form of

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either bracketed or unbracketed text which leave, however, a large number

of important issues unresolved. To solve problems related to the monitoring

and traceability of genetic resources, ABS negotiations have focused on the

development of some form of certificate of origin/source/legal provenance,

called a ‘certificate of compliance’. Closely linked to this tool is the

discussion on a requirement to disclose the origin of genetic resources and

associated traditional knowledge in intellectual property applications.

3. Article 4 of the Convention on Biological Diversity, 1992, defines the

jurisdictional limits of the Convention, which in case of components of

biological diversity only applies to areas within the limits of national

jurisdiction. This would include a country’s Exclusive Economic Zone

(EEZ), where EEZ has been declared within the framework of the United

Nation Convention on the Law of Sea. So if a country has no EEZ, the

territorial sea is considered to be the limit of national jurisdiction. The

Convention does not apply to components of biological diversity in areas

that are outside the limits of national jurisdiction. However, Article 4(b) of

the present Convention states that in the case of effects of processes and

activities carried out under the jurisdiction of a Contracting Party, the

Convention applies elsewhere and would therefore be applicable in high

seas. Article 5 also has relevance to the high seas and states that each

Contracting Party shall cooperate with other Contracting Parties for the

conservation and sustainable use of biodiversity. It is pointed out that a

legal lacuna exists with respect to commercially oriented activities relating

to marine genetic resources in the high sea. Further, there is a need for

ecosystem approach and the parties recognize ecosystem approach as a

strategy for the integrated management of water and living resources that

promote conservation and sustainable use in an equitable way. Ecosystem

approach, combined with the obligation under Article 5, could provide a

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basis for parties to cooperate in the conservation and sustainable use of high

seas biodiversity. Such cooperation might includes designating and

managing protected areas extending into the high seas, in particular where

the high sea area is closely interlinked with or part of same ecosystem.

4. Article 8(a) of the Convention on Biological Diversity, 1992 provides for

establishment of a system of protected areas where special measures need

to be taken to conserve biodiversity. This section further provides for

guidelines for the selection and management of protected areas in order to

conserve biodiversity. But this process of conservation of biodiversity is

limited to national jurisdiction of the Contracting Parties. It is suggested

that this commitment made under section 8(a) can be understood to require

Parties to consider the establishment, development and management of

protected area systems not simply in national terms but in ecosystem and

bioregional terms as well, where ecosystem extends beyond national

boundaries. These protected areas should be integrated into wider strategies

for preventing adverse effects on marine and coastal ecosystems from

external activities.

5. In order to conserve the biodiversity, the immediate task will be to devise

and enforce time bound programme for saving plant and animal species.

Traditionally conservation has been polarized into two separate approaches,

that is, in situ (Article 8) and ex situ (Article9) under the Convention on

Biological Diversity, 1992. Both these conservation methods should be

given equal importance as measures in biodiversity conservation. Release

of genetically modified organisms should be regulated at national as well as

international level. There should be adequate dissemination of information

about such release by the respective countries.

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6. There has been an urgent need of identification, documentation and

protection of our biodiversity by changing existing provisions under the

Convention on Biological Diversity, 1992 especially those relating to in

situ, ex situ, access, use, trade, breeding, multiplication, introduction,

release and movement of biological resources by creating an International

Biodiversity Authority. This Authority be empowered to implement the

activities and include eminent Scientists and persons having special

knowledge on biodiversity.

7. To conserve the biodiversity, the immediate task will be to devise and

enforce time bound programme for saving plant and animal species as well

as habitats of biological resources. Traditionally conservation has been

polarized into two separate approaches that is ex-situ and in–situ. The

ecologists and conservationist prefer in-situ conservation while the

agriculturist and species oriented biologist prefer the former. In situ

conservation refers to protection of zones and areas of high biological

diversity. These areas described as natural ecosystems, will protect species

with minimum human interference. Since most of the threatened organisms

occur as components of biotic communities in open sites, restoring them in

such habitats through judicious protection measures is required. Scientific

studies in regard to in situ conservation should focus on the following lines:

a) Applied research for conservation of living resources;

b) Interlinkages between plant and animal species;

c) Quantitative assessment of the conservation status of the species;

d) Multiplication and restoration of endangered, rare and endemic species

using biotechnology;

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e) Assessment of the impact of exotic species on the ecosystem

f) The possible climatic change and its impact on the biodiversity;

g) Primary production and cycling of nutrients in the soil.

Ex-situ Conservation: India has done commendably well as far as ex-situ

conservation of crop genetic resources is concerned. It has also taken up such

work on livestock, poultry and fish genetic resources. However, there is a need to

develop facilities for long and medium term conservation through:

a. Establishment of genetic enhancement centers for producing

good quality seeds;

b. Enhancement in the existing Zoos and botanical garden

network;

c. Seed-gene banks;

d. Pollen and spores banks;

e. Tissue culture gene bank;

f. Captive breeding in zoological gardens; and

g. In-vivo and in-vitro preservation.

Both these conservation methods should be given equal importance as

measures in biodiversity conservation. Release of genetically modified organisms

should be regulated at national and international level, and there should be

adequate dissemination of information about such release by the respective

countries.

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8. The fate of biological diversity depends on the recognition of the

legitimacy of measures for its conservation rather than restrictions that

these may entail. The signature of the Convention on Biodiversity is a

reflection of the consensus on the need for its conservation that has

gradually evolved. And this consensus exists principally at State level and

needs to be supported by public opinion in each country individually. Such

legitimacy can only be gained through the demands of the general public

rather than those of a minority of conservationists. Society must recognize

that the conservation of biodiversity is as important as other interests.

Therefore, measures must be taken to facilitate the acceptance of

conservation of biodiversity. Compensation is not an appropriate term in

the context of use restrictions. Financial payments should be viewed as a

reward for conservation. Municipalities and other local authorities should

receive benefits if they preserve the biological diversity on land that they

own or over which they have powers.

9. There has been a growing concern globally regarding the threats to wild

species of flora and fauna. Numerous international instruments have been

signed to conserve these species and The Convention on International

Trade in Endangered Species of Wild Flora and Fauna,1973, (CITES) is

one of them. Article II of the present Convention listed the threatened

species under three appendices and also provides for penalties who

contravene the provisions. While this is a general strategy which is

followed globally, but this may not be the best method as out of million

species that exists, only 5-8 percent are known to common man. Thus, it is

suggested that a better strategy should be made with motive to not only

protect those species which are known to mankind but also declare in

principle that every other species that is not known, as threatened. Apart

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from this, trade in wildlife and its products at international level should be

totally banned and deterrent punishments be prescribed for the violators.

10. It is essential to limit the catch or harvest of a given species on the basis of

scientific rather than empirical data, if exploitation is ever to be more than a

form of words. For this, unit management and rational management will be

required. Species, particularly migratory species must be managed as a

single unit irrespective of jurisdictional boundaries. This problem is very

acute at international level and can only be solved by proper

implementation of treaties and the establishment of international

institutions setting up a framework for international cooperation. Rational

management requires that the permitted taking level for a given species

should be adjusted to the capacity of the exploited population at any point

in time. For this to be possible, detailed research is necessary together with

reliable statistics determining the maximum or optimum sustainable yield

and procedures for adequate enforcement.

11. Current policies are not sufficient to guarantee the conservation of

biodiversity. Several specific recommendations can be made:

a. A tightening of legal frameworks and law enforcement concerning

biodiversity at international level is necessary.

b. Specific policies designed by governments are not always effective.

Communication between science and policy should be improved to

optimize the effectiveness of the resources invested in policy and

management measures.

c. Financial resources for conservation and restoration of biodiversity

should be increased significantly.

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d. Policy decisions in various sectors such as transport, fisheries,

agriculture and energy can have far reaching consequences for

biodiversity. Therefore, an evaluation of the impact on biodiversity

should be standard practice when proposing new measures in other

policy domains. It is inefficient to support biodiversity conservation

while government spending in other sectors indirectly and

simultaneously results in the destruction of biodiversity.

Suggestions for conservation of biodiversity at national level are stated below:

12. The Biological Diversity, 2000, seeks to protect the rights of local growers

and cultivators and ensure for equitable sharing of the profits made by

foreign firms that have access to India’s genetic resources and traditional

knowledge. But this Bill is fuzzy on implementation because this Bill

would help authorities take action against smuggling of genetic material,

but it will not be of any help against bio-piracy. This legislation will not be

able to help stop bio-piracy as it has no jurisdiction outside the country.

Apart from this, there are lacunae on regulation to prevent bio-piracy by

multinational companies and institutions. It is suggested that provisions

regarding penalties for the bio-piracy should be introduced in the Act to

overcome this problem of bio-piracy and the nature of such penalties

should be deterrent.

13. The National as well State Biodiversity Authority, established under the

Biological Diversity Act, 2002 composed of Chairperson, nominees from

Agriculture Department, Animal Husbandry Department, Biotechnology

Department, Ocean Development Department, Indian Systems of Medicine

and Homeopathy Department, Ministry of Law and Environment and

Forests. It is suggested that apart from these members, Scientists in the field

of biodiversity, nominees of the Tribal welfare and research scholars shall

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be included in the above stated authorities, for latest information regarding

improvement and conservation of various species including plants and

animals. Further, the National or State Biodiversity Authority shall be

vested with the power to deny access to biological resources if there will be

danger of extinction of species, sub- species or; there will be chances of

arising of conditions of vulnerability in the structure of the ecosystems or,

danger of genetic erosion caused by the activities of access.

14. Our conventional conservation strategies, in particular, that of protecting

wildlife with the aid of a top-down centralized bureaucracy, need to be

reviewed. In the light of what the CBD tells us of the role of local

traditional communities. Clearly, a much more participatory and

decentralized approach is needed. Both NGOs and the government have

also realized that the country needs a whole series of actions. These range

from conservation cooperation with neighbouring countries, to regulating

foreign access to the country's biodiversity and ensuring appropriate returns

for granting such access. It also requires action on the front of technology

transfer, and on the safe handling and trade in biotechnologically modified

organisms. The issue of intellectual property rights needs to be dealt with

also.

15. The Wildlife (Protection) Act, 1972 and The Forest (Conservation) Act,

1980 came into existence with an objective to protect and conserve the wild

life and forests, but the provisions of the present Acts are not implemented

properly due to various reasons like slow rate of conviction especially in

trial courts, which conducts wild life and forests related cases. This has led

to a total disregard for wildlife and forests laws making them an ineffective

deterrent to rampant hunting, poaching and habitat destruction by

offenders. To combat with this problem, Special Courts should be

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established to deal with wildlife and forests related cases expeditiously.

Such Courts may appoint trained legal advisor having sufficient knowledge

regarding wildlife, forests and its conservation to deal with these cases. The

recently enacted National Green Tribunal Act, 2010 is a hope in this regard.

16. The protection of species means the maintenance or restoration of

conditions especially in particular of its habitat without which it cannot

survive. Very few laws address the problem of degradation of biodiversity

from the point of view of the species as such. So it is essential that

legislation should address all threats to a species. The taking of and trade of

wildlife species may be of little or no importance in many cases. Therefore,

a question arises, whether the compilation of long lists of species whose

taking is prohibited under the Wild life (Protection) Act, 1972 ,is in fact

useful? Indeed, in certain circumstances, these lists may be counter-

productive because they are impossible to enforce. However, taking of such

species should of course be prohibited where this may affect the survival of

the species concerned or of other species, or may disturb the ecological

relationships within an ecosystem. Prohibitions on the possession of trade

in endangered species are also necessary, even if no trade exists at a certain

point in time, as a precautionary measure to conserve those species which

are on the edge of extinction. Besides these, Stringent punishments should

be awarded to the violators and such punishments should be highlighted in

the press to have its deterrent effect on others.

17. The new provisions added to the Constitution of India by the 42nd

amendment carries the spirit of Indian philosophy of respect towards

environment including biodiversity, but proved, at times, less effective in

bringing the desired change into practice. The directive principles which act

as a model and guidance for the state in making laws for the welfare of

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citizen do not give any justifiable right, unlike fundamental rights which

can be exercised through judiciary. The fundamental duties are an appeal

towards citizen and not having any compelling force. Parliament should

make search for those horizons, where law meets the human demands.

Indian Constitution is the first document of the world which has enshrined

in its Constitution, the provisions related to conservation and improvement

of Biodiversity degradation under Article 48, 48-A and 51A( g). But these

provisions are not sufficient and there is a need for insertion of a separate

Chapter containing provisions regarding conservation of endangered

wildlife species and natural resources including, a specific fundamental

right to a healthy environment.

18. Advanced researches are essential to assess and evaluate the data of species

which are on the verge of extinction. The researches must be focused on an

assessment of eco-degradation of natural habitats pertaining to the wildlife,

collection of information related to present status and distribution of

endangered species of mammals, birds and plants, study of predator-prey

distribution in natural ecosystems and the role played by man in disturbing

this relationship, collection of data regarding viable breeding populations of

endangered species, an assessment of the role played by man and natural

agents in ecodegradation of the habitats of wild animals and plants,

cataloguing the rich biogeographic diversity of wildlife and remedial

measures for restoration of habitats and conservation of endangered species

of mammals, birds and plants. Scientific evidence exists for a positive

causal relationship between biodiversity on the one hand, and ecosystem

functioning and provision of ecosystem services on the other. Increased

research efforts are needed, however, to elucidate the exact role of

biodiversity. Increased attention to the role of uncharismatic species such as

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invertebrates and soil micro-organisms is of the utmost importance. A focus

shift from taxonomic diversity to functional diversity seems crucial.

19. There should be a greater recognition that the massive task of inventorying

and studying the country’s biodiversity cannot be left to government

agencies alone. Public, Research Scholars and Scientists should participate

in conservation of Biodiversity. Gradually public awareness on biodiversity

conservation is increasing and encouraged by the Government. People are

much aware of their rights and duties regarding conservation of natural

resources. Public participation in decision making can be meaningful and

effective only if people have right to know. Right to know strengthens

participatory democracy also as armed with information on government

programme, citizens may influence decision-making through

representations, lobbying and public – debate. To make public partnership’

more meaningful right to information is required to be extended by the

State and National Biodiversity Authorities established under the

Biodiversity Act. No programme of rational management can be successful

unless principles and practical methods of safeguarding and using rationally

the natural resources and improving man’s environmental conditions is

stressed. Crucial to this process is the identification of learners for

programme of education on importance of biodiversity. They can be spelt

out as:

General public including children, youth, adults, occupational

groups, labourers with the objective of increased awareness and

understanding of the issues concerning biodiversity loss and need for

its conservation. There are indeed resources within the traditional

systems - Yoga, Jaina, Buddhist, Hindu, Sikh, Islamic, Christian,

Gandhian, all of which have helped give shape to a modern, secular

India, to increase awareness of environmental concerns and to

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spread the extension of ecological values and modal practices to the

plethora of environmental problems facing India. Further,

researchers should contribute the research and development base in

the field of biodiversity.

The tremendous growth in both public and government interest in

environmental issues in the past two decades has led to the

mobilization of people through organized movements to protect the

biodiversity, these voluntary organization have a major role to play

in collection and dissemination of information. These NGO’s can

also knock the door of the Courts through the instrumentality of

PIL/SAL. There is an urgent need to inform grassroots workers of

the potential of the CBD. This is especially critical if CBD’s major

implications are to be seriously followed including reviewing

development policies from the point of view of biodiversity, giving

local communities much greater stake in and benefits from

biodiversity conservation, and reviewing the relationship of other

international obligations under the convention.

20. Legal Control of biodiversity degradation is a remedial measure to protect

the biodiversity. More emphasis should be given to the preventive measure.

Judicial institutions have a sacrosanct role to play not only for resolving

inter-se disputes but also to act as a balancing mechanism between the

conflicting pulls and pressures operating in a society. Environmental Courts

need to be formulated especially to deal with the litigation of such type as

the other Courts are already overburdened with cases. However, power of

judicial review and public interest litigation under Articles 32 and 226, of

the Indian constitution shall be continued and given due importance.

Allowing for judicial review of government action may not be enough.

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Because court judgments are often pronounced long after the challenged

decision has been implemented and works completed which are

subsequently declared illegal by judges and even where this is not the case,

the government agencies may tend simply to ignore a judgment quashing

an illegal administrative order, if they believe that this is in the public

interest. The remedies to these are procedural. Courts should be

empowered, and in case of risk of serious damage to biodiversity, obliged

to stay administrative decisions and to enjoin Government agencies to

execute court decisions.

21. Indiscriminate felling of trees should be stopped immediately. This will not

only improve an environment but helps in checking soil erosion and

landslides. Use of every bit of land available to plant trees to starve off the

rural energy crisis. While planting trees involve all local communities of

marginal and landless people, and encourage them to nurture and protect

their trees. Sincere and action oriented efforts should made by the

appropriate Governments in co – ordination with public and other

concerned agencies to establish local district councils for starting nurseries

and plant large number of saplings on road and railway embankments,

degraded lands, flood plains and boundaries between farms. While

enhancing afforestation, the rural and urban forestry programmes must be

encouraged. Plants and trees which are on the verge of extinction should be

preferred to grow. Felling of trees should be totally stopped. Stern action

should be taken against the defaulters.

It is high time we reviewed the entire spectrum of biodiversity conservation.

Friedman says, ‘No law can be imposed on utterly hostile community’. The best

supplement of a good legislation is an informed citizenry. It is then that people of

the country wake up to the alarming situation of the Mother Earth and take up

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their responsibilities towards her, environmental legislations become instruments

of social change. Initiatives are mandated from all the fields, government,

legislature, judiciary, educational institution and voluntary organizations to create

mass awareness about the value and relevance of Indian tradition of respect

towards nature.An earnest effort to change the present trends of dehumanized

process of industrialization, and man’s invasions in the Nature with hungry

vulgarity for profit and development should immediately be checked to prevent

‘crucifixion of humanity’. Law is regarded as a means of controlling human

conduct. So it is hereby suggested that the first and the foremost responsibility on

the system or on the State is to eliminate or control sources of degradation of

biodiversity with an basic objective of ensuring Human survival with dignity and

decency. To ensure continuous protection of human environment requires proper

perception, economic strength and research along with legal principles and

administrative structure, on a global basis with an integrated approach and policy

is necessarily desirable in the present scenario. The life on the planet earth will

survive only if the biosphere is safe. The purpose of development should not be to

develop things, but to develop man. The present humble attempt to arrive at some

meaningful findings may be concluded with the observation that if humankind’s

invasion on nature and environment is not stopped then the wounded nature will

backlash on the human future there by destroying the human civilization built up

with humankind’s hard work through thousands of years.

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