28 Feb

Laws dealing with Biodiversity Protection

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Content

• Biological Diversity Act, 2002
• Biodiversity Heritage Sites (BHS)
• Indian Forest Act, 1927
• Forest Conservation Act, 1980 (2023 amendment)
• Forest Situation and Key steps taken to protect Forests
• The Water (Prevention and Control of Pollution) Act of 1974
• The Air (Prevention and Control of Pollution) Act of 1981
• Environment (Protection) AcT, 1986
• Wildlife (Protection) Act, 1972

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1) BIOLOGICAL DIVERSITY ACT, 2002

• Introduction
  • In order to help it realize the objectives of CBD, India has enacted an umbrella legislation called the Biological Diversity Act 2002. India was the first country, to pass a law to uphold the CBD nationally.
  • The objective of the act are conservation, sustainable utilization, and fair and equitable sharing of benefits arising out of use of biological resources and associated knowledge.
  • The act extends to whole of India.
• The act works towards biodiversity protection in the following ways:
  • Regulation of extraction to biological resources
  • Protection of Biodiversity Heritage Sites
  • Biodiversity Management Committees play a crucial role in promoting conservation and sustainable use of biological resources within their respective areas and facilitate people’s participation in biodiversity conservation.
  • Conservation of Endangered species: The act prohibits the transfer of any endangered species, parts, or products without the permission of the State Biodiversity Board (SBB) or the NBA
• Conservation of Traditional Knowledge – the act recognizes the importance of traditional knowledge associated with biodiversity conservation and ensures its protection and preservation.
• The act recognizes the contributions of Indigenous local communities in conservation of biodiversity and a company using these resources is required to share 0.5% of the sales post tax to these ILCs. Only those companies whose turnover is more than 3 crore are required to make this payment.
• Institutional Framework for the implementation of the law
  • The act is being implemented through three tiered institutional structure
    1. National Biodiversity Authority (at central level)
    2. State Biodiversity Boards (at state level)
    3. Biodiversity Management Committees (at local level)

A) NATIONAL BIODIVERSITY AUTHORITY (NBA)

• The central government has established the NBA in exercise of powers conferred by sub-section (1)(4) of Section 8 of BDA, 2002.
• The NBA is Autonomous body and that performs facilitative, regulatory and advisory function for Government of India on issue of Conservation, sustainable use of biological resource and fair equitable sharing of benefits of use.

B) BIODIVERSITY MANAGEMENT COMMITTEE (BMC)

• Under section 41(1) of the Act, every local body of the state shall constitute a Biodiversity Management Committee within areas of its jurisdiction for the purpose of promoting conservation, sustainable use and documentation of biological diversity including preservation of habitats, conservation of land races, folk varieties & cultivars, domestic stock and breeds of animals and micro-organisms and chronic knowledge relating to biological diversity.
• The main function of the BMC is to prepare People’s Biodiversity Register (PBR) in consultation with local people. This register shall contain comprehensive information on availability and knowledge of local biological resources, their medicinal or any other use or any other traditional knowledge associated with it.
• They shall also be responsible for:
  • Conservation, Sustainable use and access to benefit sharing of biological resources
  • Eco-restoration of the local biodiversity
  • Feedback/Information to the Board, and the NBA in matters of IPRs, traditional knowledge etc.
  • Management of Biodiversity Heritage sites including Heritage trees, animals, micro-organisms, and Sacred Groves.
  • Conservation of traditional varieties/breeds of economically important plant species
  • Biodiversity Education and Awareness building

C) ISSUE OF FAIR AND EQUITABLE SHARING OF BENEFITS ARISING OUT OF USE OF BIOLOGICAL RESOURCES AND ASSOCIATED KNOWLEDGE

• Introduction
  • The Biological Diversity Act, 2002 regulates the extraction of biological resources through the state Biodiversity Boards and the National Biodiversity Authority.
    • Broadly, all foreign entities (companies, institutions and individuals) are within the jurisdiction of NBA while all Indian entities are the subject matter of the state board.
  • Biological resources include plants, animals and micro-organisms but exclude those which are normally traded as commodities.
  • What does the law say about sharing of Benefits?
    • Before a commercial entity extracts biological resources, it must make prior approval of the state board or the NBA and also undertake to share benefits arising out of the use of such biological entities with in the local community, which has conserved and protected these biological resources. The benefits can be in the form of monetary compensation as well as ‘joint ownership of IPRs’ and/or ‘transfer of technology’.
• Divya Pharmacy vs Union of India case: Landmark Judgment by Uttarakhand High Court on Dec 28, 2018
  • Core Issue: Whether the State Biodiversity Board could impose ‘Fair and Equitable Benefit Sharing’ as one of the regulatory functions on the Indian entities using Biological Resources.
  • Key Highlights of the Judgment:
    • Indian companies which are extracting biological resources are liable to seek prior approval as well as share part of their revenue with the local communities that are responsible for conserving and protecting such resources.
      • The court also referred to international conventions and treaties such as Nagoya Protocol on Access to Genetic Resources and Fair and Equitable Sharing of Benefits arising from their utilization to the Convention on Biological Diversity.
    • The court held that rights of indigenous and local communities have to be protected, equally from outside as well as from within.
    • The court finally ordered that the State Biodiversity Board does have jurisdiction to demand “fair and equitable sharing of benefits’ from Divya Pharmacy and, by implication, from all Indian companies.

D) THE BIOLOGICAL DIVERSITY (AMENDMENT) ACT, 2023

• It was introduced in LS by MoEF&CC in Dec 2021 and was finally passed in the house in July 2023 and Rajya Sabha in Aug 2023.
• The amendment intends to encourage the Indian system of medicine; facilitate fast-tracking of research, patent application process; attract more foreign investment in the preservation and commercial utilization of India’s biological resources; and decriminalizes all the offences under the act.
• Key Highlights:
  1. Simplify compliance requirements for domestic companies
  2. Exempts AYUSH practitioners, local people, and communities of the area, including growers and cultivators of biodiversity, from giving prior intimation to State Biodiversity Boards for accessing biological resources for commercial utilization.
  3. Users of codified traditional knowledge and AYUSH practitioners will be exempted form sharing benefits with local communities
     • Issue/Criticism: The term Codified Traditional Knowledge hasn’t been defined by the bill or by CBD. A broad interpretation might exempt all local traditional knowledge form benefit sharing requirements.
     • Legal experts also feel that exemption to Ayush practitioners would be detrimental to ecology and go against the principle of sharing commercial benefits with indigenous communities.
  4. Removes research and bio-survey from the purview of benefit sharing.
  5. Benefit sharing will be based on terms agreed between the user and the local management committee represented by the National Authority
     • Issue/Criticism: The bill removes direct role of local communities in determining the benefit sharing provisions.
  6. Companies registered in India and controlled by Indians are now treated as Indian companies, even if they have foreign equity or partnership, thereby reducing the restrictions on them.
  7. Simplifying the IPR Process:
     • The act specifies that approval of NBA is required before applying for IPR involving biological resources obtained from India, or (ii) sealing of patent.
     • The bill says that approval would be required before the approval of IPR instead of before the application itself.
       • It further differentiates between foreign and domestic entities.
         • Foreign entities will require approval from NBA whereas domestic entities will be required to register with NBA. However, at the time of commercialization of IPR, domestic entities will need approval from NBA.
  8. The bill decriminalizes all offences under the act and provides for wide range on penalties. Further, it authorizes government officials to hold enquiries and determine penalties.
     • Issue/Criticism: Such discretion with government official may promote corruption/rent seeking.
  9. The bill allows for foreign investment in research into biodiversity. However, this investment will necessarily have to be made through Indian companies involved in biodiversity research.
  10. A new section – 36(A) has been added emphasizing on the monitoring of the Biological Resources obtained from foreign countries for use in India as per the provisions of the Nagoya Protocol on access to benefit sharing.
  11. Section 36(B) enables state government to develop strategies and plans for conservation and sustainable use of biological diversity.

2) BIODIVERSITY HERITAGE SITES (BHS)

• About Biodiversity Heritage Sites
  • They are well defined areas which have unique, ecologically fragile ecosystems – terrestrial, coastal, and inland waters and marine, having rich biodiversity comprising of any one or more of the following components:
    1. Richness of wild as well as domesticated species or intra-specific categories
    2. High endemism
    3. Presence of rare and threatened species, keystone species, species of evolutionary significance, wild ancestors of domestic cultivated species, or their varieties
    4. Past pre-eminence of biological components represented by fossil beds and having significant cultural, ethical, or aesthetic values and are important for the maintenance of cultural diversity.
• Under Section 37 of the Biological Diversity Act, 2002 (BDA) the state government in consultation with local bodies may notify in the official gazette, areas of biodiversity importance as Biodiversity Heritage Sites (BHS).
• Biodiversity Heritage Sites of India (As of Jan 2024)
  1. Arittapatti Biodiversity Heritage Site, Madurai, TN
     • This is the first BHS of TN.
     • It has rich biological and historical significance, with the presence of around 250 bird species including 3 flagship raptors species – Laggar Flacon, Shaheen Falcon, Bonelli’s Eagle and wildlife like Indian Pangolin, Python, and Slender Loris.
  2. Asramam, Kerala, Kollam
     • It hosts a unique diversity of Mangrove species with diverse flora and fauna.
     • It also has rare and endangered heritage trees of Syzygium travancoricum which is listed as CR in the IUCN list.
  3. Nallur Tamarind Grove in Devanhalli, Bengaluru, Karnataka
     • The area has some of the oldest tamarind trees, recorded age of the oldest one being 410 years.
     • The BHS is spread over 54 acres and comprises of nearly 300 trees.
     • The significant component of this popular structure is a group of old plants standing like ageless sentinels. The area has some of the oldest tamarind trees, some more than 400 years old.
  4. Hogrekan in Chikmagalur, Karnataka
     • The shola vegetation is home to many unique medicinal species.
     • It also serves as a “Wildlife Corridor” between Kudremukh and Bhadra WLS.
  5. University of Agricultural Sciences, GKVK Campus in Bengaluru, Karnataka.
     • Large biodiversity -> 13 species of mammals, 10 species of reptiles, 165 species of birds and an impressive 530 species of plants.
  6. Ambaraguda in Shimoga, Karnataka
     • A patch of primitive shola forest, known for many unique and endemic plant species.
  7. Purvatali Rai, Bicholim, North Goa
     • Sacred grove
  8. Ameenpur Lake, Sangareddy, Telangana
     • First water body to be recognized BHS.
     • A man-made lake more than 300 years old.
     • Home to many resident and migratory birds, such as flamingos, egrets, herons, cormorants etc.
  9. Glory of Allapalli in Gadchiroli, MHA
     • First BHS of MHA
     • A patch of dense original forests. Forest is pristine and so dense that hardly any sunlight reaches the forest floor.
     • The forests dates back 100s of years.
  10. Bambarde Myristica Swamps, Dodamarg, Maharashtra
  11. Ganeshkhind Garden, Maharashtra
  12. Landorkhori, Jalgaon, Maharashtra
  13. Schistura Hiranyakeshi in Amboli, Sindhudurg district
      • A species of fish – Schistura Hiranyakeshi – endemic to Amboli was recently recorded for the first time in the western ghats in the local temple pond.

1. 1. Mandasuru, Kandhamal, Odisha
      • Mandasaru gorge is an abode of 1563 species of plants, animals and fungi spread over an area of 528 ha.
   2. Mahendragiri Hill, Gajapati, Odisha
      • It is situated at an elevation between 700-15001 m above mean sea level in Gajapati district of Odisha.
      • With increase altitude, the hill complex demonstrates several micro climatic conditions like tropical shola, tropical semievergreen, tropical moist-deciduous & tropical dry deciduous.
      • The diversified vegetation with rich floral diversity representing 40% of the reported flora of Odisha.
      • The ancient temples of Kunti, Shima, Arjuna and Yudhishthira at Mahendragiri have been declared as protected monuments under the Ancient Monument and Archaeological sites and Remains Act 1958 by the State Government. These monuments provide a sacred and holy background for receiving about one lakh devotees annually every year to worship the deities of the hill.
   3. Gandhamardan Hill, Bargarh and Balangir district, Odisha (March 2023)
      • An area of morethan 18000hectaresof Gandhamardan Hill (Gandhamardan ReserveForest) (In Bargarh and Balangir district) has been notified as BHS.
      • The hill has high floral diversity with more than 1,000 species of plants.
        • One angiosperm, Ficus conccina var dasycarpa and one spider, Peucetia harishankarensis are endemic to the hill.
      • It is considered a treasure trove of medicinal plants and thus an Ayurvedic paradise of Odisha.
      • The hill is home to two important temples – Nrusinghanatha Temple located on northern slope and Harishankar temple located on southern slope.
      • The place is famous for highly successful people’s resistance against bauxite mining there.
   4. Naro Hills, Satna Madhya Pradesh
      • It is a unique and varied geology and it supports a large number of ecosystem and species of flora and fauna.
   5. Patlakot, Chhindwara, Madhya Pradesh
      • It has a terrain of 1700 feet deep valley and ecosystem of estimated age of 6 million years and species of rare flora and fauna including rare Bryophytes and Pteridophytes.
   6. Amarkantak, Anuppur, Madhya Pradesh:
      • It is situated in the Maikal mountain ranges which link the Vindhyachal and Satpura mountain ranges. It has a unique terrain of a 1700 feet deep valley and an ecosystem of the estimated age of 6 million years and species of rare flora & fauna including rare bryophytes and Pteridophytes.
      • Amarkantak ecological system is the origin of three major rivers – Narmada, Johila, and Sone
   7. Tonglu BHS, Darjeeling Forest Division, WB
      • 230 hectare site is a medicinal plant conservation area.
      • Unchecked foot traffic is a major concern for protection here as the BHS borders Nepal border.
   8. Dhotrey BHS, Darjeeling Forest Division, WB
      • Right next to Tonglu
      • Rich in medicinal plants
      • Threatened by human encroachment
   9. Baneshwar Shiva Dighi, Coochbehar, WB
      • It offers refuge to black softshell turtle listed under CR by IUCN.
   10. Chilkigarh Kanak Durga in Jhargram, WB
       • Chilkigarh Kanak Durga is a small patch of forest ripe with traditional beliefs of local habitats.
       • The site is home to 25 species of animals and more than 380 species of plants, out of which many has medicinal properties.
   11. Char Balidanga (Nadia), WB (2023)
       • It is an island spread across 115 acres. It has tropical riverine vegetation with tall grasses and trees, along with swampy flat land covered with algal mats, which are periodically inundated with tidal ebbs.
       • It is home to almost 100 species of birds, apart from golden monitor lizard, and golden jackals.
   12. Namthing Pokhari (Darjeeling) WB (2023)
       • It is a natural Himalayan Wetlands. It is home to the Himalayan Salamandar.
   13. Amkhoi Wood Fossil Park (Birbhum), WB (2023)
       • It has unique geological and paleo-botanical features.
   14. State Horticulture Research Development Station (Nadia), WB (2023)
       • It hosts indigenous horticulture germplasm of orchard trees.
   15. Birampur – Baguran Jalpai, Purba Medinipur, WB (2023)
       • It is a habitat of red crabs and sand bubbler crabs which are fast disappearing from Bengal coastline due to human encroachment.
       • The bushes along side the coast have golden jackals, jungle cats and golden monitor lizards.
   16. Haldi Char, Purba Medinipur, WB (2023)
       • It is a wetland which is home to Swarna Godhika (Yellow monitor lizard) – a schedule -1 endemic species. The wetland is most conducive for the species to thrive.
       • Note: With this WB has 10 BHS (highest in the country)
   17. Gharial Rehabilitation Centre, Lucknow, UP
       • Located in Kukrail reserve forest of Lucknow.
       • Established for conservation and rehabilitation of CR species of Gharial.
   18. Sacred Grove at Sural Bhatori Monastery, Pangi Village, Chamba, Himachal
   19. High Altitude Meadows, Hudan Bhatori, Chamba Himachal
       • It is a 108 Bigha high altitude meadow at Muhal Dhar Shinkal in Hudan Bhatori panchayat of Pangi is at an altitude of 3,850m.
       • Dominant plants are cranberry, honeysuckle, whitebeam, slender false brome, hairy brome etc.
   20. Birch-Pine forest patch, Nain Gahar, in Lahaul’s Udaipur
   21. Tunkyong Dho, Dzongu, Sikkim (2023)
       • It is notified as Sikkim’s first biodiversity heritage site.
       • It is believed to be one of the oldest natural dho (lake), directly related to the Hee-Youngmingmoo clan of Lepcha community in Dzongu.
       • Dzongu valley is a specially protected area for aboriginal/indigenous primitive tribes considered to be the original inhabitant of Sikkim called as Lepchas.
   22. Majuli Island, Assam
       • World’s largest river island.
       • BHS because of unique ecological and cultural heritage. Home to Assamese – neo-Vaishnavite culture.
   23. Hajong Tortoise Lake, Dima Hasao, Assam:
       • The lake is a natural habitat of CR freshwate lake ‘Black Softshell Turtle” and Endangered “Indian Peacock Softshell Turtle”. The site also harbors threatened species like CR Chinese Pangolins.
   24. Borjuli Wild Rice site, Sonitpur, Assam:
       • This BHS has a good population of wild species of rice – Oryza rufipogon.
       • Oryza rufipogon is the progenitor of present day cultivated rice, O. Sativa.
   25. Khlaw Kur Syiem Kmielng, Meghalaya
       • It is a mosaic of natural habitats along with significant diversity of life forms. It is also an old sacred grove with monolith and religious spots.
   26. Dialong Village in Tamenglong, Manipur
       • Home to the rare and endangered citrus indica, or the Indian wild orange. It is the most primitive ancestor to all cultivated citrus fruits in the world.
   27. Baramura Waterfall, Khowai, Tripura
       • This is the highest natural waterfall in Tripura.
       • Critical habitat for rare wildlife, Rich in floristic diversity
       • Habitat for many stream water favored fauna
   28. Unakoti, Tripura
   29. Silarchari Caves, Gomati, Tripura
       • Only natural cave of Tripura.
       • Unique habitat for several threatened cave bat species in Tripura
   30. Debbari or Chabimura, Gomati, Tripura
       • Unique habitat for threatened plants of Tripura like Dhup tree and cane resources of India
   31. Betlingship & its surroundings, North District, Tripura
       • It is the highest peak of Tripura on Jampui Hills, which is famous for a wonderful orange festival.

3) INDIAN FOREST ACT, 1927

• The act was passed to consolidate the then existing laws relating to forest, the transit of forest products, and duties that can be levied on forest product.
• The act provides for three categories of forests:
  1. Reserved Forest
     • The reserved forests can be notified by states on any forest land or waste land to which government has ownership or right.
     • They are strictly protected. Many activities are such as fresh clearings, tree felling, burning, grazing, quarrying, manufacturing, hunting, shooting etc are prohibited in reserved forests.
  2. Protected Forest
     • Protected forests are also notified on forest lands or waste lands owned by Government.
     • They are less strictly protected. The state government can declare any portion of the protected forest as closed for a term not exceeding 30 years during which the rights of private person can be suspended and several activities can be prohibited.
     • Note: The key difference between reserved forests and protected forests
       • Rights to all activities like hunting, grazing etc. are banned in reserved forests unless specific orders are issued otherwise.
       • Rights to activities like hunting and grazing are sometimes given to communities living on the fringe of the forest, who sustain their livelihood partially or wholly from forest resources or products.
  3. Village Forest
     • The State Government may assign to any village-community the rights of Government to or over any land which has been constituted a reserved forest, and may cancel such assignment. All forests so assigned shall be called village-forests.
     • These forests are managed by village community with the assistance of the government.
       • State governments may make rules for regulating the management of village forests, prescribing the condition under which the village community may be provided timber or other forest produce or pasture and their duties for the protection and improvement of forest.
• The act also gives power to central government to regulate timber production and its transportation.
• It has been criticized over the years as a:
  • Tool for Colonial overtake of India’s forests for exploitation (specially timber)
  • Exploitation, Harassment, eviction and loss of livelihood of tribals.
• After independence, the same act (with slight changes) continued and the forest dwellers kept getting harassed, evicted and exploited.

A) 2017 AMENDMENT: EXEMPTION TO BAMBOO GROWN IN NON-FOREST AREAS (CLASS DISCUSSION)

4) FOREST CONSERVATION ACT, 1980 (2023 AMENDMENT)

• Why in news?
  • MoEF&CChavepublishedproposedamendmentstotheForest ConservationAct,1980andhave invited feedback from general public (Oct 2021)
• Introduction
  • It was enacted to help conserve the country’s forests.
  • It strictly restricts and regulates de-reservation of forests or use of forest lands for non-forest purposes without the prior approval of central government.
    • In 1996, the Supreme Court in a verdict in TN Godavarman Thirumulpad vs Union of India had expanded the definition and scope of forest land to include all areas recorded as forest in government record, irrespective of ownership, recognition and classification. Before this, the act was primarily applicable to reserve forests and national parks.
    • The court also expanded the definition of forests to encompass the “dictionary meaning of forests”, which would mean that a forested patch would automatically become a “deemed forest” even if it is not notified as protected, and irrespective of ownership. The order was also interpreted to presume that the act is applicable over plantations in non-forest land.
  • The Act also covers
    • Requirement for declaring an area as a protected forest, Wildlife Sanctuary or a national park.
    • Maintenance of water supply in springs, rivers and tanks.
• Forest Conservation Division
  • It is mandated to regulate the diversion of forest land for non-forestry purposes through effective implementation of Forest (Conservation) Act, 1980.

A) 1996 SUPREME COURT VERDICT AND EXPANSION OF THE CONSERVATION FUNCTION

• In 1996, the Supreme Court in a verdict in TN Godavarman Thirumulpad vs Union of India had expanded the definition and scope of forest land to include all areas recorded as forest in government record, irrespective of ownership, recognition and classification. Before this, the act was primarily applicable to reserve forests and national parks.
• The court expanded the definition of forests to encompass the “dictionary meaning of forests“, which would mean that a forested patch would automatically become a “deemed forest” even if it is not notified as protected, and irrespective of ownership. The order was also interpreted to presume that the act is applicable over plantations in non-forest land.

B) EXEMPTION PROVIDED BY THE SCHEDULED TRIBES AND OTHER FOREST DWELLERS (RECOGNITION OF FOREST RIGHTS ACT, 2006

• In this act, certain exemptions to forest clearance for the forest dwelling scheduled tribes and other forest dwelling communities have been provided.
  • Section 3 of the act provides that the Central government can provide diversion of forest and for providing certain facilities managed by the government such as for creation of schools, hospitals, anganwadis, fair price shops, roads, electric and telecommunication lines, tanks and other minor water bodies, minor irrigation canals etc.
  • This clearance shall be subjected to the condition that the same is recommended by Gram Sabha.
• Thus, it can be understood that the 2006 Act brings in a balance between conservation of forest rights and protection of rights of forest dwelling communities and even this is achieved only by an elaborate procedure after seeking sanction of various communities.

C) FOREST CONSERVATION (AMENDMENT) ACT, 2023

• Adding of a preamble to the act.
• Changing the name to Van (Sanrakshan Evam Samvardhan) Adhiniyam, i.e. Forest (Conservation and Augmentation) Act.
• The bill provides that two types of land will be under the purview of the act:
  1. Land declared/notified as a forest under Indian Forest Act, 1927 or under any other law, or
     • Note: The land which has not been notified will not be included under the purview of the act.
  2. Land notified as a forest on or after Oct 25, 1980 in a government record.
     • Note: Land which changed from forest use to non-forest use before Dec 12, 1996 will not be included.
• Exempted Category of Land:
  • Under the 1927 Act, decisions regarding diversion of forest land for non-forest purposes are taken by the state government. The 1980 act requires additional prior approval from central government.
  • The bill provides that such approval will not be required when forest land is diverted for constructing

• • 1. Strategic Linear Projects (roads, railways) of national importance and concerning national security within 100 km of India’s border.
    2. Security related infrastructure upto 10 hectares,
    3. Defence related projects, a camp for paramilitary forces, or public utility projects as specified by the central government, not exceeding five hectares in a left-wing extremism affected area.
  • The bill also exempts certain type of land from the provisions of the act, such as forest land along a rail line or a public road maintenance by the government providing access to a habitation, or to a rail, and roadside amenities upto a maximum size of 0.10 hectare.
• Assignment/Leasing of forest land:
  • The Original act restricts the de-reservation of forests for use of forest and non-forest purposes. Such restrictions can be lifted only with the prior approval of central government.
    • The act specifies certain activities that will be excluded from non-forest purposes, meaning that restrictions on the use of forest land for non-forest purposes will not apply. These activities include works related to the conservation, management, and development of forest and wildlife such as establishing check posts, fire lines, and wireless communication.
  • The amendment adds more activities to the list such as (i) zoos and safaris under WPA, 1972 owned by the government or any authority, in forest areas other than protected areas, (ii) ecotourismfacilities,(iii) silviculture operations (enhancing forest growth), and (iv)anyother purpose specified by central government.
• Powers to issue directions: The 2023 amendment adds that the central government may issue directions for the implementation of the act to any authority/organization under or recognized by Centre, State, or UT.
• Significance:
  • Increase Plantation in non-forest areas: The environment ministry says that the application of the act on land covered under dictionary meaning of forests (or deemed forests) has resulted in a “declining tendency in plantations in non-forest lands owing to the apprehension among individuals, organizations, and authorities regarding such plantations being considered forests“.
  • Removal of mandatory central government approval for diversion of forests in certain cases is expected to reduce delays in the implementation of strategically important projects.
• Criticism:
  • The amendment by providing blanket exemptions from the act for several types of lands and several types of projects is going contrary to the intent of the 1980 act which was enacted for prevention of de-reservation of forest lands and large scale deforestation.
  • Such forest clearance activities will also violate rights of forest dwellers which were secured under the 2006 Act.
  • The Apex Court in T.N. Godavarman Thirumulkpad v. Union of India (UOI) and Ors (AIR 1997 SC 1228), has given a wider meaning to forest land to broaden the scope of their protection. However, the 2023 bill provides a much narrower interpretation to the term forest land by inserting section 1A to encompass only two types of land under its ambit.
  • Exemption near border area would cover large parts of the north-eastern region, Uttarakhand and Himachal Pradesh and could lead to loss of biodiversity in biodiversity hotspots.
  • The purpose of allowing a zoo inside a forest is not clear.
    • Even Supreme Court (2023) has remarked that they don’t appreciate the necessity of having a zoo inside tiger reserves or national parks.
  • There is also a lack of clarity on compensatory afforestation for this diverted land. Similarly, it doesn’t provide for how rehabilitation/resettlement/livelihood opportunities etc. would be provided for tribals affected by this kind of diversion.

5) FOREST SITUATION AND KEY STEPS TAKEN TO PROTECT FORESTS

• Current Situation of forests in India: As per Indian State of Forest Report 2021, India’s total forest cover is 7.13 lakh sq km (21.71% of India’s total area). When compared to 2011, there has been an increase of 3.14% in the total area under forest.
• Concerns:
  • Decline in Natural Forests: Though very dense forests have increased by 501 sq km, but it pertains to protected and reserve forests with active conservation activities.
  • Decline in North-East India: Five states in Northeast – Arunachal Pradesh, Manipur, Meghalaya, Mizoram, and Nagaland have all shown loss in forest cover. Its important for protecting the forest cover of NE as it is natural forest and with only 7.98% of the geographical area, it contributes to 23.75% of India’s total forest cover.
    • Reasons:
      • A spate of natural calamities; particularly landslides and heavy rains
      • Anthropogenic factors: Shifting agriculture, pressure of development activities and felling of trees.
  • Vulnerability to Forest Fire: Around 35.46% of the forest cover in India is prone to forest fires.
    • Between Nov 2020 to June 2021, 3.4 lakh forest fire hotspots were recorded, which is the highest recorded forest fire cases ever.
• Why forests are crucial? Why is it important to protect forests:
  • Controlling Global Warming: Forest restoration will play a huge role in achieving Net Zero climate target. A study in 2017 showed that land-based sinks (natural climate solutions which also includes forests) can provide upto 37% of emission reductions.
  • Protecting Biodiversity
  • Preventing Desertification
  • Ensuring Soil Health (by preventing soil erosion, increasing organic content of soil etc.)
  • Protecting micro-climate of an area
  • Livelihood for crores of tribals and forest dwellers
  • Water Security: Forest restoration is must for water security.
  • Medicinal plants from forests can solve a number of health issues
• Key Initiatives in India to Conserve Forests:
  • Forest Conservation Act, 1980
  • Compensatory Afforestation Regime
  • Various Protected Areas – NP, WLS, Tiger Reserves, Biosphere reserves etc.
  • Green India Mission launched in 2010 with three objectives:
    • Double the area to be taken up for afforestation/ eco-restoration in India in the next 10 years.
    • Increase the green house removal by India’s forests
    • Enhance the resilience of forests/ecosystem.
  • Nagar Van Scheme
  • Forest Fire Prevention and Management Scheme
  • India’s International commitments:
    • India has committed to restore 5 million hectares of degraded and deforested land between 2021 and 2030.
    • India also targets creation of 2.5 to 3 billion tonnes of carbon sink by 2030 as part of its INDC. This would require India to increase its tree cover by 12% over the next 10 years.
• Key International Initiatives:
  • REDD+ under UNFCCC framework:
  • New York Declaration on Forests (NYDF) in 2014 by United Nations Climate Summit: Target of restoring 350 million hectares of forests by 2030.
  • The span 2021-2030 is the UN Decade on Ecosystem restoration. It emphasizes on efforts to restore degraded terrestrial ecosystems including forests.
  • Bon Challenge launched in 2011 focuses on global goal of restoring 150 million hectares of degraded and deforested landscapes by 2020 and 350 million hectares by 2030.
  • UN has proclaimed 21st March as the International Day of Forests in 2012 to celebrate and raise awareness of the importance of forests.
    • The year 2022 marks a decade of IDF.

D) SAROJINI FOREST (SAROJINI VAN)

Odisha has named a forest after a tribal women Sarojini Mohanta as a tribute to this homegrown changemaker.

Hired for a Daily wage of Rs 315 as a watcher, she has gone beyond the call of duty to create a forest on a denuded path of land in just two years.

When the Principal Chief Conservator of Forest (PCCF) came for an inspection to Bonai, he was left dazed that the women’s dedication led to the survival of 95% of saplings planted in four acres of land. The PCCF suggested to name the plantation area after her and thus the place was named ‘Sarojini Vana‘.

6) THE WATER (PREVENTION AND CONTROL OF POLLUTION) ACT OF 1974

• It provides for the prevention and control of water pollution, and for the maintaining or restoring of wholesomeness of water in the country.
• The Act was amended in 1988.
• The Water (Prevention and Control of Pollution) Cess Act was enacted in 1977, to provide for the levy and collection of a cess on water consumed by persons operating and carrying on certain types of industrial activities.
  • This cess is collected with a view to augment the resources of the Central Board and the State Boards for the prevention and control of water pollution constituted under the Water (Prevention and Control of Pollution) Act, 1974. The Act was last amended in 2003.

7) THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT OF 1981

• Main Objectives
  • To provide for the prevention, control and abatement of air pollution
  • To provide for the establishment of central and State Boards with a view to implement the Act
  • To confer on the Boards the powers to implement the provisions of the Act and assign to the Boards functions relating to pollution ­
• Definitions
  • “Air Pollutants” means any solid, liquid or gaseous substance [(including noise)] present in the atmosphere in such concentration as may be or tend to be injurious to human beings or other living creatures or plants or properties or environment.

3. ENVIRONMENT (PROTECTION) ACT, 1986

• Why in news?
  • MoEF proposes amendments in EPA, 1986 to decriminalize provisions (July 2022)
• Details about the Act:
  • EPA, 1986 was passed under Article 253 of the Constitution, which empowers the centre to enact laws to give effect to international agreements signed by the country.
  • The Act establishes “the framework for studying, planning, and implementing long-term requirements of environmental safety and laying down a system of speedy and adequate response to situations threatening the environment”
  • It is an enabling act and empowers the Central Government to establish authorities [under section 3(3)] charged with the mandate of preventing environmental pollution in all its forms and to tackle specific environmental problems that are peculiar to different parts of the country.
    • E.g. authorities created under EPA: Central Ground Water Authority (CGWA)
  • The act defines terms such as environment, environment pollutant, and hazardous substances.
  • It provides for imprisonment of upto 5 years and or fine of upto Rs 1 lakh for violator of the law.
  • Environment Protection Rules 1986
    • The rules set the standards for emissions or discharge of environment pollutant.
    • Prohibitions and restrictions on the location of industries and the carrying on processes and operations in different areas.
    • Procedure of taking samples

4. WILDLIFE (PROTECTION) ACT, 1972

• Why in news?
  • Wild Life (Protection) Amendment Act, 2022 came into force from 1st April 2023
• The Wildlife (Protection) Act, 1972 was enacted to provide for the protection of wild animals, birds and plants with a view to ensure the ecological and environmental security of the country.
  • It defines wildlife to include any animals, bees, butterflies, crustaceans, fish, and moths; and aquatic or land vegetation, which form part of any habitat.
  • The act, along with Wildlife Protection Rules, provides for the protection of wild birds, animals and plants and  for all matters that are connected to it whether it be their habitat or the waterhole or the forest that sustain them.
• The Act provides for:
  • Prohibition of hunting
  • Protection and management of wildlife habitats
  • Establishment of protected areas and reserves such as national parks, wildlife sanctuaries, tiger reserves, conservation reserves, and community reserves.
  • Management of zoos etc.
• It defines five types of protected areas
  1. National Parks
  2. WLS
  3. Community Reserves
  4. Conservation Reserves
  5. Tiger Reserves
• It also provides for the formation of:
  • NTCA
  • Central Zoo Authority
  • National Board for Wildlife (NBW), an advisory body to help centre of policy decisions.
• The six Schedules (Before the 2022 amendment)
  • The act had six schedules with varied degree of protection to different kind of animals and plants.
    • Schedule I and Part II of Schedule II provided absolute protection and offences under these are prescribed the highest penalties.
    • The Penalties for Schedule III and Schedule IV were less and these animals are protected. ú Schedule 5: Vermins includes animals which can be hunted.
      • Common crow, Fruits bats, mice and Rats only
    • Schedule 6 contains endemic plants, which are prohibited from cultivation and planting. Thecultivation and tradeof specified plants can onlybecarried out with priorpermission of competent authorities. These plants are as follows:
      • Beddomes Cycad -> Medicinal, EN
      • Blue Vanda (Medicinal)
      • Kuth
      • Ladies Slippers Orchids
      • Pitcher Plant
      • Red Vanda
  • Permitted Hunting of Problematic Wild Animals
    • Section 11(1)(a) of the WPA authorizes Chief Wildlife Warden to permit hunting of any problem wild animals only if it can’t by captured, tranquilized or translocated.

E) WILDLIFE PROTECTION (AMENDMENT) ACT, 2022

• The amendment increases the number of species protected under the law and implement CITES effectively.
• Rationalizing Schedules:
  • Reduce the total number of schedules to four by:
    • Schedule for Specially protected animal species:
      • Schedule 1 (Species with highest level of protection);
        • It contains 600 species of vertebrates and hundreds of species of invertebrates.
      • Schedule 2 (Species with lesser level of protection);
        • It contains 2000 species (including 1,134 species of birds)
      • Schedule for Plant Species:
        • Schedule 3 (Protected Plant Species);
      • Schedule for implementation of CITES:
        • Schedule 4 (Specimen listed in the Appendices under CITES)
      • Note: There is no schedule for vermin species.
• Implementing the obligations of CITES: The central government will designate:
  • Management Authority, which grants export or import permits for trade of specimens ·
  • Scientific Authority, which gives advise on aspects related to impact on the survival of the specimen being traded.
• The amendment empowers central government to regulate or prohibit  the import/trade/possession of invasive alien species.
• Control of Sanctuaries: Increased role of centre.
  • In the original act the sanctuaries are managed and controlled by Chief WildLife Warden who is appointed by the state government. But the amendment says that the action of the warden will be as per the management plans of the sanctuary which will be prepared as per the guidelines of the central government.
• Sanctuaries in Special Areas:
  • For sanctuaries falling under special areas (scheduled areas and areas where forest rights act is applicable), the management plan must be prepared after due consultation with concerned Gram Sabha.
• Empowers central government to notify conservation reserve (earlier only state government could do so).
• Amends section 43 of the principal act – To permit transfer or transport of a captive elephant for a religious or any other purpose by a person having a valid certificate of ownership.
• New Section 42A has been added for surrender of captive animals: Any person may voluntarily surrender any captive animals or animal products to the Chief Wild Life Warden. No Compensation will be paid for such items. The surrendered item becomes the property of state governments.
• Increased fines and penalties for violation of the law.

F) WILDLIFE (PROTECTION) LICENSING (ADDITIONAL MATTERS FOR CONSIDERATION) RULES, 2024

• The revised notification came into effect on 16th Jan 2024, the first revision since 1983.
  • The 1983 rules, prohibited issuing license to trade in a wild animal categorized under Schedule-1 or Part II of Schedule II under the WPA, 1972. The license was granted in exceptional circumstances with previous approval of central government.
  • New Guidelines says that “no license shall be granted if it related to any wild animals specified in the Schedule-I to the Act, except with previous consultation of the central governme.
    • It mentions additional matters to consider granting of licenses, the authorized officers must consider the capacity of the applicant to handle the business concerned in terms of the facilities, equipment and feasibility of premises for the business.
  • Note: The new guidelines doesn’t have licensing restrictions for species listed in Schedule-II of the WPA, 1972. It may imply that the license for trading in Schedule – II species can be granted without consulting central government which was required earlier.
• Analysis:
  • Exclusion of Schedule-II