Indias Green Governance In Compliance With International Convention on Biological Diversity-A Study C.

Anita Fabiyola

Abstract- There is no doubt that Indias rapid economic development currently goes hand-in-hand with massive environmental pollution and a high level of greenhouse

gas emissions, which resulting in the depletion of biodiversity of our country. India is a recognized mega diverse country with four identified hotspots of biodiversity. Liberalization of economy in India in the past few years, coupled with scientific advances in genetic engineering has focused greater interest on the value of biodiversity. However, liberalization also promotes consumerism by throwing ever wider options of products at the consumer. This, in turn, puts pressure on natural resources to meet increasing commercial demand for raw materials and causes faster depletion. In this process, several plant and animal species may soon become extinct. India is committed to contributing towards achieving three objectives of the Convention on Biological Diversity (CBD). Strategies and plans for conservation and sustainable use of biological resources based on local knowledge systems and practices are ingrained in Indian ethos and are enshrined in the Constitution of India [Article 48A and Article 51 A(g)] in the form of environment protection. In recent times, the major building blocks of policy frameworks, legislations and action plans that drive the country in achieving all the three objectives of the CBD through its legislation of biodiversity act 2002. Accordingly in this paper an attempt is made to discuss how far Indias legislations on conservation on biodiversity are in compliance with international Convention on Biological Diversity.

Key Words- Convention on Biological Diversity, Indian Biodiversity Act 2002, Compliance.

Junior Research Fellow, Department of Legal Studies, University of Madras, Chennai 600 005.

Indias Green Governance In Compliance With International Convention on Biological Diversity-A Study C.Anita Fabiyola
Introduction: The conservation of biological resources is a major concern at the national and international levels. The global community is much concerned about the rapid loss of biological diversity. The extinction of biodiversity reduces the ecosystems productivity, thereby reduces goods and services received from the nature. It destabilizes ecosystems and weakens their ability to deal with natural disasters and human-caused stresses such as pollution and climate change. It also affects cultural diversity, which is deeply rooted in our biological environment. The rapid loss of biological diversity in the last few decades has serious impacted on the land, water bodies and people, particularly indigenous and local communities embodying traditional lifestyles on biological resources. Thus the survival of the life is dependent on conservation and management of biodiversity .The result of global concern in the depletion of the biological diversity is the Convention on Biological Diversity1, One of the important multilateral treaties in the field of environment. The convention is mainly for the conservation and sustainable use of biodiversity which includes biological and genetic resources. Accordingly in this paper an attempt is made to discuss how far Indias legislations on conservation on biodiversity are in compliance with international convention on biological diversity.

Biodiversity Biological diversity, or 'biodiversity', encompasses the variety of all life on earth. Biodiversity manifests itself at three levels: 'species' diversity which refers to the numbers and kinds of living organisms; 'genetic' diversity which refers to genetic variation within species; and 'ecosystem' diversity which denotes the variety of habitats, biological communities and ecological processes. The Convention on

Junior Research Fellow, Department of Legal Studies, University of Madras, Chennai 600 005.
1

Adopted at the end of Earth Summit in 1992; Rept.in ILM vol 31(1992) p818; Came into force on 2912-1993 and India became a party to it from 10-2-1994

Biological Diversity (CBD) defines biodiversity as the variability among living organisms from all sources including inter alia, terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part; this includes diversity within species, between species and of ecosystems.2 Causes and Impact of Biodiversity Extinction of biodiversity have rapidly increased over the last two centuries as a direct and indirect result of human population growth, unsustainable patterns of non renewable resource consumption and associated environmental changes and climate changes. Depletion of biodiversity is mainly due to various factors such as loss of habitat due to human disturbance and exploitation3, introduction of exotic species many of such are accidental such as with noxious weeds and insect pests. Others are deliberate such as Foxes, rabbits and cats, which were taken to Australia aboard European ships, have decimated Australias indigenous wildlife. In freshwater, the stocking of exotic fish for sport, or (rarely) for food, has caused at least 18 extinctions of fish species in North American rivers4. Over-harvesting by (illegal) hunting, and the systematic cutting of wood for heating purposes, or charcoal production, Pollution and global environmental change also threaten the worlds biodiversity. Climate changes affect the distribution of species5. Thus life on earth is fully dependent on biodiversity, without it living organism would not be able to survive6. Apart from direct benefits of biodiversity from the harvest of domesticated or wild species for food, fibers, fuel, pharmaceuticals and many other purposes, man derives benefit from its influence on climate regulation7, water purification, soil formation, flood prevention and nutrient cycling. Thus present and future generation survival of human being itself is threatened due to the loss of biodiversity which is the basis for the existence of the ecosystem.
2

Provided under Article 2 of convention on biological diversity Rao, R.R. 1994. Biodiversity in India: Florical Aspects. Bishan Singh Mahendra Pal singh deradun http://www.conservation.cam.ac.uk/downloads/329_1298.pdf last visited on 23-102012

http://nbaindia.in/uploaded/pdf/Fact%20Sheet/Fact%20Sheets.pdf last visited on 2310-2012

6

http://www.environment.tn.nic.in/SoE/images/biodiversity.pdf last visited on 23-10-2012

http://www.ipcc.ch/pdf/technical-papers/climate-changes-biodiversity-en.pdflast visited on 23-102012

Convention on Biological Diversity Rapid loss of biodiversity is a significant challenge to structures of governance at international and national level, particularly in the area of conserving and managing biological diversity. International Convention on biological diversity is the primary mechanism for coordinating international action on the threat of depletion of biodiversity. The Preamble to the CBD states that the Parties are conscious of the intrinsic value of the biological diversity and of the ecological, genetic, social, economic, scientific, education, cultural, recreational and aesthetic values of biological diversity and its components and its importance for evolution and for maintaining life sustaining systems of the biosphere. It affirms that the conservation of biological diversity is a common concern of mankind 8. The objectives of this convention are the conservation of biological diversity, the sustainable use of the components of biological diversity and the fair and equitable sharing of the benefits arising out of the utilization of genetic resources, including by appropriate access to genetic resources and by appropriate transfer of relevant technologies taking into account all rights over those resources and to technologies9. The convention recognize the principle of state sovereignty over the natural resources, which gives the states the sovereign rights to exploit their resources pursuant to their own environmental policies together with the responsibility to ensure that activities within their own jurisdiction or control do not cause damage to the environment of other states. It provides a number of general obligations for its member states. These include a commitment to develop national strategies, plans or programs for the conservation and sustainable use of biological diversity.

INDIA AND CBD

Common concern of mankind is a weaker concept than of common heritage of mankind. See http://www.biodiv.org/convention/convention.shtml
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Provided under Article 1 of convention on biological diversity

India has taken a number of legal and administrative measures to ensure compliance with the CBD. Indias Formal policies and programmes for conservation and sustainable utilization of biodiversity resources date back to several decades. The concept of environmental protection is enshrined in the Indian constitution in articles 48a and 51a (g). Major central acts relevant to biodiversity include, Environment Protection Act, 1986 , Fisheries Act, 1897, Forest Act, 1927, Forest (Conservation) Act, 1980, Wildlife (Protection) Act 1972 and Wildlife (Protection) Amendment Act 1991. In addition to the above mentioned acts after signing and ratifying CBD India has passed The Biological Diversity Act 200210 and Biological Diversity Rules 2004 to
be in compliance with its commitment to the international Convention on Biological Diversity. Following are the salient feature of the Act11- to conserve and sustainably use biological diversity, setting up of National Biodiversity Authority (NBA), State Biodiversity Board (SBB) and Biodiversity Management Committees. (BMCs), NBA and SBB are required to consult BMCs in decisions relating to bioresource / related knowledge within their Jurisdiction, to regulate access to biological resources of the country with the purpose of securing equitable share in benefit arising out of the use of biological resources and associating knowledge relating to biological resources, To respect and protect knowledge of local communities traditional knowledge related to biodiversity, To secure sharing of benefits with local people as conservers of biological resources and holders of knowledge and information relating to the use of biological resource, All foreign nationals/ organizations require prior approval of NBA for obtaining biological resources and / or associated knowledge for use, Indian scientists / individuals require approval of NBA for transferring results of research to foreign nationals / organizations, Conservation and development of areas of importance from the standpoint of biological diversity by declaring them as biological diversity heritage sites, Protection and rehabilitation of threatened species.

Case Law Relating To Conserving Biodiversity

10

Act No.18 of 2003.5th February 2003

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K. VENKATARAMAN, Indias Biodiversity Act 2002 and its role in conservation Available:

http://www.tropecol.com/

The arrests and subsequent conviction of two Czech entomologists by an Indian court in September 2008 , Petr Svacha, of the Institute of Entomology at the Biology Centre of the Academy of Sciences of the Czech Republic, and his associate Emil Kucera (an amateur entomologist) were arrested for collection of beetles and butterflies without a valid permit from the Singalila National Park in the Indian state of West Bengal ,for violation of the 1972 Indian Wildlife Protection Act and the 2002 Biological Diversity Act. India and other developing countries are becoming increasingly wary of foreign research on indigenous biological resources. The extreme caution with which the Indian government views foreign researchers may be linked to a move for increased sovereignty over local resources. The United Nations Convention on Biological Diversity (CBD), the principal legal instrument for protection of international biodiversity under Article 15 affirms the sovereign authority of a country over its natural resources; it also stipulates that countries should facilitate use of their resources. This has been interpreted to mean that national resources should be available for research under a reasonable regulatory regime. In addition Articles 16 of the convention grant the right of access by corporations and private individuals to biological resources for research. The Indian Biological Diversity Act is an outcome of this requirement of the CBD. The primary purpose of the Indian Biological Diversity Act as said in its preamble is sharing of benefits. The Act is primarily defensive in its intent, enacted to prevent the biopiracy and bioprospecting of Indias natural resources. In particular the act empowers the Indian government to share in any profits that may come out of a patent acquired on products or processes from a biological resource of India. The Czechs disregarded for Section 3 of the Biological Diversity Act, which expressly requires a foreign citizen to seek prior approval of Indias National Biodiversity Authority for collection of a biological resource for research or commercial utilization is thus violated.

Conclusion
Thus India on fulfilling its commitment to CBD is their by protecting its biological resources and traditional knowledge consistent with its own ethos and the provisions of the CBD. With its large pool of scientific talent, especially in biotechnology and information technology, and a vibrant pharmaceutical sector, India

is positioned to emerge as a global player in the global biotech area by conserving and managing its biological diversity resources.