DEFINE BIODIVERSITY.

DISCUSS THE FUNCTION OF THE NATIONAL

BIODIVERSITY AUTHORITY & STATE BIODIVERSITY BOARDS UNDER
BIODIVERSITY ACT?

BIOLOGICAL DIVERSITY :
Biodiversity describes the richness and variety of life on earth. It is the most
complex and important feature of our planet. Without biodiversity, life would not
sustain.
The term biodiversity was coined in 1985. It is important in natural as well as
artificial ecosystems. It deals with nature’s variety, the biosphere. It refers to
variabilities among plants, animals and microorganism species.
Biodiversity includes the number of different organisms and their relative
frequencies in an ecosystem. It also reflects the organization of organisms at
different levels.
Biodiversity holds ecological and economic significance. It provides us with
nourishment, housing, fuel, clothing and several other resources. It also extracts
monetary benefits through tourism. Therefore, it is very important to have a good
knowledge of biodiversity for a sustainable livelihood.

TYPES OF BIODIVERSITY :
There are the following three different types of biodiversity:
(a) Genetic Biodiversity
(b) Species Biodiversity
(c) Ecological Biodiversity
Importance Of Biodiversity :
Biodiversity and its maintenance are very important for sustaining life on earth. A
few of the reasons explaining the importance of biodiversity are :-
(i) Ecological Stability : Every species has a specific role in an ecosystem. They
capture and store energy and also produce and decompose organic matter. The
ecosystem supports the services without which humans cannot survive. A diverse
ecosystem is more productive and can withstand environmental stress.
(ii) Economic Importance
1. Biodiversity is a reservoir of resources for the manufacture of food, cosmetic
products and pharmaceuticals.
2. Crops livestock, fishery, and forests are a rich source of food.
3. Wild plants such as Cinchona and Foxglove plant are used for medicinal
purposes.
4. Wood, fibres, perfumes, lubricants, rubber, resins, poison and cork are all
derived from different plant species.
5. The national parks and sanctuaries are a source of tourism. They are a
source of beauty and joy for many people.

(II) ETHICAL IMPORTANCE :

All the species have a right to exist. Humans should not cause their voluntary
extinction. Biodiversity preserves different cultures and spiritual heritage.
Therefore, it is very important to conserve biodiversity.

BIODIVERSITY IN INDIA :
India is one of the most diverse nations in the world. It ranks ninth in terms of
plant species richness. Two of the world’s 25 biodiversity hotspots are found in
India. It is the origin of important crop species such as pigeon pea, eggplant,
cucumber, cotton and sesame. India is also a centre of various domesticated
species such as millets, cereals, legumes, vegetables, medicinal and aromatic
crops, etc. India is equally diverse in its faunal wealth. There are about 91000
animal species found here. However, diversity is depleting at a drastic rate and
various programmes on biodiversity conservation are being launched to conserve
nature.

SALIENT FEATURES OF THE BIOLOGICAL DIVERSITY ACT – 2002:

1. After an extensive and intensive consultation process involving the
stakeholders, the Govt. of India has brought Biological Diversity Act, 2002.
2. To regulate access to biological resources of the country equitable share in
benefits arising out of the use of biological resources.
3. To conserve and sustainable use of biological diversity.
4. Setting up of National Biodiversity Authority (NBA), State Biodiversity Board
(SBB) and Biodiversity Management Committee’s. (BMC’s).
5. NBA and SBB are required to consult BMCs in decisions relating to bioresource
/ related knowledge within their Jurisdiction.
6. To respect and protect knowledge of local communities traditional knowledge
related to biodiversity.
7. 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 resources.
8. All foreign nationals / organizations require prior approval of NBA for obtaining
biological resources and / or associated knowledge for use.
9. Indian scientists / individuals require approval of NBA for transferring results
of research to foreign nationals / organizations.
10. Conservation and development of areas of importance from the standpoint of
biological diversity by declaring them as biological diversity heritage sites.
11. Protection and rehabilitation of threatened species.
12. Involvement of institutions of State Government in the broad scheme of the
implementation of the Biological Diversity Act through constitution of
committees.
13. Protect India’s rich biodiversity and associated knowledge against their use by
foreign individuals and organizations without sharing benefits arising out of
such use and check Biopiracy.
14. Indian Industry needs prior intimation to SBB to obtain bioresource. An SBB
has the right to restrict if found to violate conservation and sustainable use
and benefit sharing.
15. Provisions for notifying heritage sites by State Government in consultation with
local body.
16. Creation of National, State and Local Biodiversity Fund and its use for
conservation of biodiversity.
17. Prior approval is needed from NBA for IPRs in any invention in India or outside
India on Bioresource

FRAMEWORK OF BIOLOGICAL DIVERSITY ACT, 2002

● A three-tiered framework was envisioned by the legislation to control
access to biological resources:
● The National Biodiversity Authority (NBA)
● The State Biodiversity Boards (SBBs)
 ● The Biodiversity Management Committees (BMCs) (at local level)

FUNCTIONS AND POWERS OF NATIONAL BIODIVERSITY AUTHORITY :-

1. It shall be the duty of the National Biodiversity Authority to regulate
activities referred to in sections 3, 4 and 6 and by regulations issue
guidelines for access to biological resources and for fair and equitable benefit
sharing.
2. The National Biodiversity Authority may grant approval for undertaking any
activity referred to in sections 3, 4 and 6.
3. The National Biodiversity Authority may -
❖ Advise the Central Government on matters relating to the conservation of
biodiversity, sustainable use of its components and equitable sharing of
benefits arising out of the utilisation of biological resources;
❖ Advise the State Governments in the selection of areas of biodiversity
importance to be notified under sub-section (1) of section 37 as heritage
sites and measures for the management of such heritage sites;
❖ Perform such other functions as may be necessary to carry out the
provisions of this Act.
❖ The National Biodiversity Authority may, on behalf of the Central
Government, take any measures necessary to oppose the grant of intellectual
property rights in any country outside India on any biological resource
obtained from India or knowledge associated with such biological resource
which is derived from India.
NBA is an autonomous, statutory and regulatory organization which is
intended to implement the provisions of Biological Diversity Act, 2002.

MAIN OBJECTIVES OF NBA:

❖ To regulate access to biological resources of the country to conserve and
sustainable use of biological diversity.
❖ To respect and protect the knowledge of local communities related to
biodiversity.
❖ To secure sharing of benefits with the local people as conservers of biological
resources and holders of knowledge and information relating to the use of
biological resources.
❖ Conservation and development of area of importance from the view point of
biological diversity by declaring them as biological diversity heritage sites.
❖ Protection and rehabilitation of threatened species, involvement of
institutions of state government in the broad scheme of implementation of
the Biological Diversity Act through constitution of committees.

State Biodiversity Boards (SBBs) focus on advising the State Governments,

subject to any guidelines issued by the Central Government, on matters relating to
the conservation of biodiversity, sustainable use of its components and equitable
sharing of the benefits arising out of the utilization of biological resources;
The SBBs also regulate, by granting of approvals or otherwise upon requests
for commercial utilization or bio-survey and bio-utilization of any biological
resource by the Indians. The local level Biodiversity Management Committees
(BMCs) are responsible for promoting conservation, sustainable use and
documentation of biological diversity including preservation of habitats,
conservation of land races, folk varieties and cultivars, domesticated stocks and
breeds of animals and microorganisms and chronicling of knowledge relating to
biological diversity.

FUNCTIONS OF STATE BIODIVERSITY BOARD :-

The functions of the state biodiversity board shall be to -
1. advise the State Government, subject to any guidelines issued by the Central
Government, on matters relating to the conservation of biodiversity,
sustainable use of its components and equitable sharing of the benefits
arising out of the utilisation of biological resources.
2. regulate by granting of approvals or otherwise requests for commercial
utilisation or bio-survey and bio-utilisation of any biological resource by
Indians;
3. perform such other functions as may be necessary to carry out the
provisions of this Act or as may be prescribed by the State Government.

BIODIVERSITY MANAGEMENT COMMITTEES (BMCS)

According to Section 41 of the Act, every local body shall constitute the BMC within
its area for the purpose of promoting conservation, sustainable use and
documentation of biological diversity including:
● Preservation of habitats
● Conservation of Landraces
● Folk varieties and cultivars
● Domesticated stocks And breeds of animals
● Microorganisms And Chronicling Of Knowledge Relating To Biological
Diversity

FUNCTIONS OF BMC
● To prepare the People’s Biodiversity Register in consultation with the local
people.
● To provide education and awareness on Biodiversity building
● Eco‐ restoration of the local biodiversity
● Providing feedback to the SBB in the matter of IPR, Traditional Knowledge
and local Biodiversity issues, wherever feasible and essential feedback to be
provided to the NBA.
● Conservation of traditional varieties/breeds of economically important
plants/animals.
● Management of Heritage Sites including Heritage Trees, Animals/
Microorganisms, etc., and Sacred Groves and Sacred Water Bodies.
Note:
There are no State Biodiversity Boards constituted for Union territories. The
National Biodiversity Authority exercises the powers and performs the functions of
a State Biodiversity Board for the UTs.

CONCLUSION: The conservation and sustainable use of biological diversity is of

critical importance in the meeting of food, fodder, fiber, health, water and other
needs of the growing world population for which purpose, access to and sharing of
both genetic resources and technologies are essential. It should be determined to
conserve and sustainable use of biological diversity for the benefit of present and
future generations.The intrinsic value of Biological diversity and of the ecological,
genetic, social,economic, scientific, educational, cultural, recreational and aesthetic
values and its components are to be taken care properly for the better management
of biological resources and biodiversity for the welfare of human beings for better,
and healthier as well as peaceful living on earth. The conservation of biological
diversity is a serious and common concern of human beings for better living.
 1. DEFINE “ENVIRONMENT’ AND OBJECTS BEHIND ENVIRONMENT
PROTECTION ACT.
DEFINITION:
The term environment has been derived from a French word “Environia” means to
surround. It refers to both Abiotic (physical or non-living) and Biotic (living)
environment. The word environment means surroundings, in which organisms
live. Environment and the organisms are two organised and complex component of
nature. Environment controls the life of the organisms including human beings.
Human beings interact with the environment more vigorously than other living
beings. Ordinarily environment refers to the materials and forces that surround
the living organism.
Environment can be defined as the surroundings or conditions in which a person,
animal, or plant lives or operates. The term “environment” refers to all elements of
the physical and biological world, as well as the interactions between them.
Environment plays pre-eminent role in the life cycle of human being as human life
is highly dependent on environment. Environment has Productive value,
Aesthetic/Recreational value; which has been explained later on under the
paragraph of “What Environment does for us”.
Environment is the grand total of conditions that surrounds us at a given point of
time and space. It is comprised of the interacting systems of physical, biological
and cultural elements which are interlinked both individually and collectively.
Environment is the sum total of conditions in which an organism has to survive or
maintain its life process. It influences the growth and development of living
organism.
In other words environment refers to those surroundings that surrounds living
beings from all sides and affect their lives in toto. It consists of atmosphere,
hydrosphere, lithosphere and biosphere. It’s chief components are soil, water, air,
organisms and solar energy. It has provided us all the resources for leading a
comfortable life.
Thus, environment refers to anything that is immediately surrounding an object
and exerting a direct influence on it. Our environment refers to those things or
agencies which though distinct from us, affect our daily life or activity. The
environment by which man is surrounded and affected by factors which may be
natural, artificial, social, biological and psychological.
Components of Environment:
Environment mainly consists of atmosphere, hydrosphere, lithosphere and
biosphere. But it can be roughly divided into two types such as (a) Micro
environment and (b) Macro environment. It can also be divided into two other
types such as (c) Physical and (d) Biotic environment.
(a) Micro environment means the immediate local surrounding of the organism.
(b) Macro environment means all the physical and biotic conditions that surround
the organism externally.
(c) Physical environment refers to all abiotic factors or conditions like temperature,
light, rainfall, soil, minerals etc. It comprises of atmosphere, lithosphere and
hydrosphere.
(d) Biotic environment includes all biotic factors or living forms like plants,
animals, Micro-organisms.

OBJECTS AND REASONS BEHIND ENVIRONMENT POLLUTION ACT

In wake of the Stockholm Conference held in 1972 that advocated environmental

protection at the international level and was one of the most devastating incidents
of all time, the Bhopal Gas Tragedy of 1984 highlighted an urgent need for a
comprehensive law with respect to environmental protection, domestically, the
need for Environment (Protection) Act, 1986 was felt. The preamble of the Act
states the objective of the Act to be the protection and improvement of the
environment. It seeks to protect human beings, other living creatures, plants, and
property from environmental hazards. It extends to the whole of India and aims to
prevent, control, and abate environmental pollution. Even though we had
the Water Act, 1974, the Air Act, 1981, and the Indian Forest Policy, 1988, there
was a pressing need for general legislation with stringent penal provisions in order
to safeguard the environmental rights.

The concern for the environment in India is nothing new. From ancient times we
have believed in ‘Vasudhaiva Kutumbakam’, i.e. the entire world is one family.
Indians have believed that all the creatures on the Earth are a family, including all
the plants, animals, and microorganisms.

The international impetus came in the form of the Stockholm conference in 1972,
to discuss Humans and their role in the Environment. This legislation was a way
to implement India's promises for protecting the environment. The process
received a major push when the Bhopal Gas Tragedy happened in 1984, leading to
thousands of deaths overnight in a gas leak that happened in Bhopal. The lack of
legislation pertaining to such accidents was the reason the perpetrators as well as
the company went scott-free. India was furious, spurring the government into
action.

The Act is special for many reasons. First, it has the sole aim of ensuring the
protection of the environment, the prevention and reduction of environmental
pollution and provides the authority to take strict action against perpetrators.
Second, it is an Act that takes precedence over other Acts. This means that if an
offence is committed that is liable to be booked under multiple legislation
including this Act, the EPA 1986 will be given the highest priority. Third, this Act
forced the country to take note of environmental pollution in a serious way.

NEED FOR THE ENVIRONMENT PROTECTION ACT IN INDIA

The need for stringent legislation for environment protection was felt in India
because of the following reasons:
1. The first was the Stockholm Conference which highlighted internationally,
the impact human activities were having on the environment.
Development and the environment were at crossroads with each other
and the conference brought into focus the urgency of their reconciliation
for the benefit of humanity and the planet as a whole.
2. The second was the Bhopal Gas Tragedy. It was about the leak of Oleum
gas from an industry that proved to be fatal for the people around and the
environment. This incident underlined the importance of regulating the
industries so that they do not get away easily from the punishment of
causing harm to the environment.
3. Also, the need was felt because India had some laws for protecting the
environment like the Air Act and Water Act but there was no
comprehensive law that connected them and coordinated their activities
and functions.

PURPOSE OF THE ENVIRONMENTAL PROTECTION ACT

● To promote and support the management, protection, wise-use of the
environment while recognising the following:-
 ● Preventing, mitigating and remediating environmental impacts is
important in making decisions and taking actions.
● Where there are threats of serious or irreparable harm to the
ecological integrity, lack of complete certainty is not to be a reason for
postponing reasonable environmental protection measures.
● The Environment (Protection) Act, 1986 authorizes the central
government to protect and improve environmental quality, control and
reduce pollution from all sources, and prohibit or restrict the setting
and /or operation of any industrial facility on environmental grounds.
The Environment (Protection) Act was enacted in 1986 with the
objective of providing for the protection and improvement of the
environment. It empowers the Central Government to establish
authorities 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. The Act
was last amended in 1991.
● The Environment (Protection) Rules lay down procedures for setting
standards of emission or discharge of environmental pollutants.
● The objective of Hazardous Waste (Management and Handling) Rules,
1989 is to control the generation, collection, treatment, import,
storage, and handling of hazardous waste.
● The Manufacture, Storage, and Import of Hazardous Rules define the
terms used in this context, and sets up an authority to inspect, once
a year, the industrial activity connected with hazardous chemicals
and isolated storage facilities.
● The Manufacture, Use, Import, Export, and Storage of hazardous
Micro-organisms/ Genetically Engineered Organisms or Cells Rules,
1989 were introduced with a view to protect the environment, nature,
and health, in connection with the application of gene technology and
micro-organisms.

THE ENVIRONMENT PROTECTION ACT, 1986 (EPA) WAS PASSED WITH THE
FOLLOWING OBJECTIVES:
● It was enacted to implement the decisions which were made at the United
Nation Conference on the Human Environment held at Stockholm in June
1972.
● Creation of authority for government protection.
● Coordinating the activities of various regulating agencies which is done
under the existing law.
● The main task is to enact general laws for environmental protection, which
could be unfolded in areas of severe environmental hazards.
● Providing deterrent punishment to those who inculcate in endangering the
human environment, safety and health.
● The main goal for the environment should be sustainable development and it
can be regarded as one of the goals for the Environment Protection Act,
1986.
● Sustainable development includes achieving the object and the purpose of
the act : as well as the protection of life under Article 21 of the Indian
Constitution.
DISCUSS THE SALIENT FEATURES OF NATIONAL GREEN TRIBUNAL ACT,
2010.

INTRODUCTION

The Stockholm Declaration of 1972 recognised the necessity for the formation of a
central specialised body to resolve environmental issues in a timely manner. The
declaration was approved at the Rio de Janeiro conference. The summit agreed
that nationalised courts/tribunals were needed to appropriately handle the issue
of environmental protection. The Supreme Court recognised the need for a
national tribunal to hear environmental cases when it heard the cases of M.C.
Mehta and anr v. Union Of India & Ors (1986), Indian Council for Enviro-Legal …
v. Union Of India and Ors (1996), A.P. Pollution Control Board v. M.V. Nayudu,
(1999) and A.P. Pollution Control Board v. M.V. Nayudu II (2001) and the Law
Commission agreed in its 186th report in 2003.

The need for a national tribunal to dispose of matters related to environmental

protection was first felt in 1986 by the Supreme Court in the Oleum gas leak
case and later by the law commission in its 186th report in 2003. The National
Green Tribunal was formed in the year 2010 under Section 3 of the National
Green Tribunal Act, 2010. It is a statutory body formed for the expeditious
disposal of disputes relating to environmental protection and conservation of
natural resources.

The formation of this specialised agency was guided by the provisions of Article
21 of the Indian Constitution. Article 323(B) of the Indian Constitution provides
for the establishment of tribunals in the country. The National Green Tribunal is
not bound by either the Code of Civil Procedure (1908) or the Indian Evidence Act
(1872) but works on the principles of natural justice.

The working of the NGT is guided by two basic principles- ‘the polluter pays’
principle and ‘sustainable development’ principle. It was formed in furtherance of
India’s commitment towards establishing a national forum for the redressal of
environment related disputes at the Rio de Janeiro summit. The summit was
convened in 1992 by the United Nations Conference on Conservation of
Environment and Development. After the establishment of NGT, India became
the third country, after Australia and New Zealand, to come up with a national
forum for addressing issues of environmental protection.

Since its inception, National Green Tribunal has contributed a lot to the
protection of the environment and this article is written to explain the recent
instances of how it has helped to protect the environment.

NATIONAL GREEN TRIBUNAL ACT 2010

This act is known as the National Green Tribunal Act, 2010. The first Green
Tribunal which got established officially was notified on 19th October 2010.

COMPOSITION OF NATIONAL GREEN TRIBUNAL

The composition of the National Green Tribunal is given in Section 4 of Chapter II
of the National Green Tribunal Act, 2010.
● The tribunal shall consist of the following people:
o A full-time Chairperson;
o At least 10 members and not more than 20 members consisting of full-
 time Judicial officials as notified by the Central Government from time
to time;
o At least 10 members and not more than 20 members consisting of
Experts as notified by the Central Government from time to time.
● The Chairperson may, anytime, invite anyone who has specialized
knowledge and experience regarding environmental issues filed before the
Tribunal for the purpose of assistance.
● By notification, the Central Government can anytime specify the sitting
place of the Tribunal and the territorial jurisdiction falling under all the
places.
● In consultation with the Chairperson of the Tribunal, the Central
Government can make rules regarding the procedures and practices
followed by the Tribunal which includes the following:

o The rules regarding the persons who shall be entitled to appear before
the Tribunal;
o The rules regarding the procedure by which the Tribunal hears
applications and appeals and any other matter related to such
applications or appeals.
o The rules regarding the number of members who can hear the appeals
and applications – with respect to their class or classes. The number of
experts hearing an appeal or application should be equal to the number
of Judicial members hearing the same appeal or application.
o The rules related to the shifting of a case from one place to another by
the Chairperson.

JURISDICTION AND POWERS OF THE NATIONAL GREEN TRIBUNAL

The National Green Tribunal has the power to hear all civil cases relating to the
environment that are linked to the implementation of all the laws listed in
Schedule I of the Act. These are mentioned below:
● The Water (Prevention and Control of Pollution) Act, 1974;
● The Water (Prevention and Control of Pollution) Cess Act, 1977;
● The Forest (Conservation) Act, 1980;
● The Air (Prevention and Control of Pollution) Act, 1981;
● The Environment (Protection) Act, 1986;
● The Public Liability Insurance Act, 1991;
● The Biological Diversity Act, 2002.

This means that in case of any infringement of these laws or any order given by
the Government under these laws which is not proper can be challenged in the
National Green Tribunal and will be decided there.
● Most importantly, the National Green Tribunal has not been given the
powers to hear any cases relating to the Wildlife (Protection) Act, 1972, the
Indian Forest Act, 1927 and various laws enacted by States relating to
forests, tree preservation and various other laws.
● The National Green Tribunal has jurisdiction to decide all the cases which
involve substantial questions regarding the environment and its protection
 and any legal rights in connection with it.
● The tribunal, being a statutory authority, not only exercises original
jurisdiction on filing an application but also has appellate jurisdiction
through which it hears appeals as a Court.
● The tribunal is not bound by the procedure mentioned under the Civil
Procedure Code, 1908 and it applies the principles of natural justice while
deciding any matter.
● All the principles such as sustainable development, polluter pays and
precautionary principles, are considered by the tribunal before deciding any
case.
● The National Green Tribunal, by an order can provide the following:
o Compensation and relief to all the people who are the victims of
pollution and environmental damage and it also includes accidents
which happen while handling hazardous substances.
o Restitution of a damaged property
o Restitution of the environment for areas which the tribunal may think fit.
● An appeal against any order given by the tribunal can be made before the
Supreme Court of India within ninety days from the date of communication
of the order regarding the case.

OBJECTIVES OF THE NATIONAL GREEN TRIBUNAL

There are three important objectives of the National Green Tribunal, they are:
● The speedy and effective disposal of all the cases related to
environmental protection and other natural resources. All the previous
pending cases will also be decided by the Tribunal.
● Its main aim is to legally enforce all the rights relating to the
environment.
● It accounts for providing compensation and justice to all the affected
people in case of any damage.

STRUCTURE OF NATIONAL GREEN TRIBUNAL

The National Green Tribunal (NGT) has been established on 18th October 2010,
under the National Green Tribunal Act, 2010, so that the cases associated with
environmental protection and other natural resources like forests, etc. can be
settled effectively and expeditiously by giving compensation and relief to all those
who suffered damages for the matters connected therewith or incidental thereto. It
has replaced the National Environment Appellate Authority.

Going by the enactment of the national green tribunal act, New Delhi has been
chosen as the principal bench of the NGT, with regional benches in Pune
(Western Zone Bench), Bhopal (Central Zone Bench), Chennai (Southern Bench)
and Kolkata (Eastern Bench). Each Bench has a specified geographical
jurisdiction covering several States in a region. There is also a mechanism for
circuit benches. For example, the Central Zone bench, which is based in Bhopal,
can decide to have sittings in other places like Gwalior or Jaipur. Specifying
jurisdiction of each bench.

STRENGTHS OF NATIONAL GREEN TRIBUNAL

a. Over the years the National Green Tribunal has emerged as a critical
 role player in regulating environmental issues ranging from waste
management to deforestation.
b. By setting up an Alternative Dispute Resolution mechanism it helps
in the evolution of environmental jurisprudence.
c. It helps in reducing burdens on higher courts as it specifically deals
with environmental cases that were decided by the civil courts earlier.
d. It settles cases with lesser expenses and is less formal and a faster
way of settling cases is also followed by the tribunal.
e. It plays an important role in curbing damage to the environment.
f. The Chairperson and the other members are not eligible for
reappointment so they can give judgments without any pressure.
g. It ensures whether the Environment Impact Assessment process is
strictly observed.

FUNCTIONS OF THE NATIONAL GREEN TRIBUNAL ACT

a. It is a body that has expertise in handling the disputes related to the
environment which includes multi-disciplinary issues as well.
b. The Code of Civil Procedure, 1908, shall not bind the Tribunal as it is to
be guided by natural justice principles.
c. The jurisdiction of the Tribunal shall provide speedy trials of the
environment-related matters and help in reducing the burden of cases
pending in the higher courts.
d. The tribunal is mandated to dispose off environment-related issues
within 6 months of filing the complaint.
e. The National Green Tribunal need not follow all that is given under the
Civil Procedure Code but can regulate the procedure by itself and
applies the principle of natural justice in administering justice.
f. It is required to apply principles such as sustainable development at the
time of awarding compensation or giving orders.
g. It should have in mind the principle that whoever is found polluting will
have to pay i.e. the principle of ‘Polluter Pays’.
h. The National Green Tribunal is not bound by the rules mentioned in the
Indian Evidence Act.
i. All the proceedings before the National Green Tribunal shall be accorded
to the proceedings within the sections of the IPC.
j. The tribunal is allowed to be a civil court to settle the matters.

CONCLUSION
The fast expansion of Industries and the beginning of developmental activities in
the country a large number of environmental issues have begun to come up. There
are a number of instances in which these human activities have caused damage to
the environment which in some cases cannot be recovered.

India is one of the nations in the world who give a high amount of importance to
environmental conservation and its protection. There are already a number of
legislations which have been passed by the Parliament to deal with the
environment and forest conservation and their protection. The Green Tribunal
adds another feather to this by specifically dealing with environmental issues.
EXPLAIN THE ROLE OF PUBLIC INTEREST LITIGATION IN
ENVIRONMENTAL PROTECTION.
In the early 1980’s the role of higher judiciary in India underwent a hot
transformation. A new and radically different kind of case altered the litigation
landscape.
The Supreme Court and High Court judges were asked to deal with public
grievances over flagrant human right violation by state or to vindicate the public
policies collectively called ‘PUBLIC INTEREST LITIGATION’.
The PIL in India initiated by the Hon’ble Supreme Court emerged through human
rights jurisprudence and environmental jurisprudence.

MUNICIPAL COUNCIL, RATLAM V/S VARDHICHAND AIR 1980 SC 1622

The first case of considerable importance in which the supreme court of India
gave directions for removal of open drains and prevention of public excretion by
the nearby slum dwellers. In this case Justice Krishna Ayer.,J gave several
directions to the Ratlam Municipality for maintenance of Public Health.

SHRIRAM GAS LEAKAGE CASE (AIR 1987 SC 965)

The Hon’ble Supreme Court directed the company to take all necessary safety
measures before starting the operation as the company was using hazardous and
lethal chemicals and gases which were posing danger to the health and life of
workmen and the people living in its neighbourhood.

IN SACHINDANAND PANDEY V STATE OF WEST BENGAL ( AIR 1987 SC 1109)

The court held that although in view of this Articles 48-A and 51-A(g) whenever a
problem of ecology is brought before the court it would not refuse to interfere only
on the ground that priorities are matter of policy and so it is a matter for the
policy making authority.

IN SUBHASH KUMAR V STATE OF BIHAR (AIR 1991 SC 420)

It has been held that Public Interest Litigation is maintainable for ensuring
enjoyment of pollution free water and air which is included in the right of life
under Art 21 of the constitution.

B.L.WADHERA V/S UNION OF INDIA [AIR 1996 SC 2969.]

In this the court gave several direction to the Municipal corporation of Old Delhi
and New Delhi for removal of garbage.

T.N GODAVARMAN THIRUMULKPAD V. UNION OF INDIA (1997)

The Hon’ble 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 plywood mills within the forest was also stopped.

M.C.MEHTA V/ KAMAL NATH (1997) 1 SCC 388

In this case the state government had granted riparian forest land for lease for
commercial purpose to a private company having a hotel located at the bank of
river Bias, which blocked the natural flow of river by blocking natural relief/spill
channel of the river.
The court held that the state has committed breach of public trust.
The Supreme Court issued various directions including the cancellation of the
lease in favour of the Hotel. It applied the polluter pay principle and thus directed
that the Hotel shall pay compensation by way of cost for the restitution of the
environment and ecology of the area.
 ❖ DEFINITION - WILDLIFE, WILD ANIMAL, HABITAT
❖ SANCTUARY - DEFINITION, PROTECTIVE MEASURES
❖ NATIONAL PARK - DEFINITION & FEATURES AS PER THE ACT

WILD ANIMAL: This refers to any animal which is of wild nature as compared to
other species of animals and includes any animal which is specified in Schedule 1,
Schedule 2, Schedule 4 or Schedule 5 wherever it is found u/s 2(36) of the act
with effect from 1st April 2003.

HABITAT: In common parlance, the term habitat means home to living organisms.
But in terms of Wildlife Protection Act '1972, it is defined as Any land, water,
vegetation which is a natural home of the wild animals u/s 2(14) of the said act.

WILDLIFE:
Wildlife refers to undomesticated animal species, but all animals that evolve or
exist in the wild in an environment without human introduction have been
included in the list of wild animals. There are distinct types of wildlife in deserts,
forests, rainforests, plains, grasslands, and other regions, including the most
populated urban areas. Under Sec. 2(37) of the act, “wild life” includes any animal,
aquatic or land vegetation which forms part of any habitat with effect from 1st April’
2003.

WILDLIFE PROTECTION ACT’1972

The Wild Life (Protection) Act, 1972 is an Act passed by the Parliament of India on
August 21, 1972, and later implemented on 9 September 1972. This Act was
enacted for the protection of plants, birds and animal species. The Wildlife
Protection Act is an umbrella Act to protect wild animals and plants. Before this
Act was enacted there were very few national parks. This Act includes provisions
for protection of plants and animals, hunting, harvesting and various other
ancillary matters connected thereto. It has six schedules which extend to all over
India. Under this Act, various kinds of penalties are also laid down for the
violation of the laws contained therein. This Act contains 66 sections and six
schedules.

LEGISLATIVE BACKGROUND
The Wildlife (Protection) Act, 1972 (WLPA) was enacted by Parliament under
Article 252 of the Constitution, after eleven states passed the required resolution.
These states are:
1. Andhra Pradesh
2. Bihar
3. Gujarat
4. Haryana
5. Himachal Pradesh
6. Madhya Pradesh
7. Manipur
8. Punjab
9. Rajasthan
10. Uttar Pradesh
11. West Bengal
At the time when the Act was enacted, wildlife was within the exclusive domain of
the states. The situation changed in 1976 through the 42nd Constitutional
amendment. Wildlife is currently in the Concurrent List of the Constitution. WLPA
 is applicable to the whole of India except the State of Jammu and Kashmir, which
has its own wildlife law (the Jammu & Kashmir Wildlife Protection Act, 1978).
WLPA has been amended in 1982, 1986, 1991, 2002, and in 2006 to make the
provisions of the Act are more stringent. While WLPA was enacted originally for
the protection of wild fauna, Chapter IIIA for the protection of endangered flora
was introduced through the 1991 amendment.

RATIONALE
In State of Bihar v. Murad Ali Khan, AIR 1989 SC 1 , at Para. 4, the Supreme
Court of India has explained the rationale behind the wildlife law in the following
words:
The policy and object of the Wild life laws have a long history and are the result of
an increasing awareness of the compelling need to restore the serious ecological
imbalances introduced by the depredations inflicted on nature by man. The State
to which the ecological-imbalances and the consequent environmental damage
have reached is so alarming that unless immediate, determined and effective steps
were taken the damage might become irreversible. The preservation of the fauna
and flora, some species of which are getting extinct at an alarming rate, has been
a great and urgent necessity for the survival of humanity and these laws reflect a
last ditch battle for the restoration, in part at least, a grave situation emerging
from a long history of callous insensitiveness to the enormity of the risks m
mankind that go with the deterioration of environment.

OBJECTIVES OF THE ACT

Protection and preservation of wildlife are the major objectives of WLPA. A number
of regulatory and conservation measures have been provided under the Act.
Protection of wildlife and their natural habitat are the main strategies adopted
under WLPA.

Key measures in this regard are:

1. Prohibition of hunting of all wild animals.
2. Protection of specified plants.
3. Protection and management of wildlife habitats by declaring Sanctuaries and
National Parks.
4. Regulation and control of trade in wildlife and parts and products derived
from wildlife.
5. Management of zoos.

SANCTUARIES (Sec. 18-34 of the Act)

It means an area which has been declared as a sanctuary and as described under
section 26(A), or section 38 or sub-section (3) of the Wildlife Protection Act,1972.
The sanctuaries are declared by the State government. They have the authority to
declare any area as a sanctuary by an official notification, provided that area is not
already a reserve forest or has territorial waters. Any area to be declared as a
sanctuary should have adequate floral, zoological significance, and adequate
ecological, faunal significance for the proper protection and preservation and also
for developing proper environment for wild animals.
DECLARATION OF THE SANCTUARY
Section 26A of the Wildlife Protection Act defines the declaration of the sanctuary.
It says that the State Government may declare its intention to constitute an area
which consists of adequate ecological, flora, fauna, natural or zoological
significance for the protection of wildlife. ‘Wildlife’ is defined by the State
Government through notification. There is no need to pass legislation by the State
Assembly to declare a wildlife sanctuary.

COLLECTORS
The State Government appoints an officer as a collector to inquire and determine
the existence of the nature and extent of rights of any person. Here are some
pointers regarding the rights and power a collector has.

Under Section 18 of the Wildlife Protection Act, appointment of the collectors is

defined.

COLLECTOR TO DETERMINE RIGHTS

Section 19 of the Wildlife Protection Act defines that any claim under this section is
required to be submitted within two months from the date of such proclamation.
The claim includes the nature and extent of such rights in the written form and in
a prescribed manner.

BAR OF ACCRUAL OF RIGHTS

Section 20 of the Wildlife Protection Act defines the bar of accrual of rights. It
means that no right can be obtained over the land comprising within the limits of
the specified area in such notification, except for testamentary, succession or
intestate.

PROCLAMATION INQUIRY
Proclamation inquiry is done by the collector. The collectors are vested with the
same power as are vested in the civil courts for the trial of suits. The collector shall
publish a proclamation within a period of sixty days.

POWERS
Section 23 of the Wildlife Protection Act defines the powers of the Collector. The
Collector may exercise the following powers:

● To enter upon any land and to survey, demarcate the same and to authorize
any other officer to do so.
● The same power is vested in a civil court for the same.

DELEGATION OF COLLECTOR’S POWERS

Section 26 of the Wildlife Protection Act deals with the delegations of the collector’s
power. The State Government, by general order or special order, directs that the
powers are exercisable. The functions to be performed by the collector are provided
under Section 19 to 25. It may be exercised and performed by other officers as
specified in the order.

ACQUISITION OF RIGHTS
Section 24 of the Wildlife Protection Act deals with the acquisition of rights and
they are as follows:
 ● If anyone claims a right in and over any land referred to in Section 19 then
the collector can pass an order admitting or rejecting the same either in
whole or in parts.
● If the claim is admitted in whole or in part then the collector can either-
● Exclude that land from the limit of the proposed sanctuary, or
● Proceed to acquire such land, except if an agreement between the owner of
the land and the holder and the government and if the owner has agreed to
surrender his rights to the government and payment of such compensation
as is provided in the Land Acquisition Act, in consultation with the Chief
Wildlife Warden.

ACQUISITION PROCEEDINGS
Section 25 of the Wildlife Protection Act deals with the acquisition of proceedings. It
says that:
● For acquiring such land, the collector takes an action and the proceeding will
carry on under the Land Acquisition Act, 1894.
● For acquiring such land, the claimant shall be considered to be an interested
person and appearing before him in pursuance of giving the notice
under Section 9.
● The collector with the consent of the claimant or the court may award
compensation in land or money, in whole or in part.
● In case of the stoppage of public way or common paster, the collector with
the previous sanction of the State Government, provides an alternate way for
public stoppage.
● The acquisition under this Act of any land shall be deemed as the acquisition
for a public purpose.

TIME-LIMIT FOR COMPLETION OF ACQUISITION PROCEEDINGS

Section 25A of the Wildlife Protection Act deals with the time limit for the
completion of the acquisition proceedings. It says that the collector shall complete
the proceedings under section 19 to 25 within the period of two years from the date
of notification of declaration of sanctuary. The notification shall not fail for any
reason, if so, then the proceeding will not be complete within the period of two
months.

PROTECTION OF SANCTUARIES
There are different ways to protect the sanctuaries. In the Wildlife Protection Act,
under different sections, various ways to protect the wildlife are given.
Restriction on the entry in the sanctuary
Section 27 deals with the restriction on the entry which means that no person will
enter other than-
1. Public servant who is on duty.
2. Person who is permitted by the Chief Wildlife Warden or by an authorized
officer.
3. who has any right over the immovable property within the limits of the
sanctuary.
4. Person passing through the sanctuary by public highway.

Every person if he resides in the sanctuary be bound:

 1. To prevent the commission in the sanctuary against an offense.
2. If someone believes that against this Act any offense has been committed
then one should help in discovering and arresting the offender.
3. One should report the death of any wild animal to the Chief Wildlife Warden
or authorized officer to take charge.
4. No person can tease any wild animal or throw the garbage on the ground of
sanctuary.
5. If there is any fire so to extinguish and prevent the sanctuary from the same.

GRANT OF PERMIT
Section 28 of the Wildlife Protection Act deals with granting the permission. The
permission will be given only for the purpose:
1. To investigate or study of wildlife
2. Photography
3. Scientific research
4. Tourism
5. Transaction of lawful business with any person
A permission to enter a sanctuary shall be issued on such conditions and the
payment shall be made as prescribed.

DESTRUCTION IN A SANCTUARY PROHIBITED WITHOUT A PERMIT

Section 29 deals with the destruction in a sanctuary that is prohibited without a
permit. It says that no person shall destroy, exploit or remove any wildlife,
including forest produce from a sanctuary or destroy or damage the habitat of wild
animals, by doing any act like stopping or enhancing the flow of water into or
outside the sanctuary. No permission shall be granted until the State Government
is satisfied with the changes like the flow of water, if the government feels that it is
for the betterment of the wildlife only then, changes can be made.

CAUSING FIRE PROHIBITED

Section 30 deals with the prohibition on causing fire. It says that no person shall
set fire in a sanctuary or leave a fire burning in the sanctuary as to endanger such
a sanctuary.

PROHIBITION OF ENTRY INTO THE SANCTUARY WITH THE WEAPON

Section 31 deals with the prohibition of entry into the sanctuary with the weapons.
It says that no person shall enter with the weapons except for those who take
permission in writing from the Chief Wildlife Warden or the authorized officer.

BAN ON THE USE OF INJURIOUS SUBSTANCES

Section 32 deals with the ban on the use of injurious substances in the sanctuary.
It says that no person shall use any kind of chemicals, explosives or any other
substances which may cause injury to the wild animals in the sanctuary.

CONTROL OF SANCTUARIES
Section 33 deals with the management of the sanctuaries. It says that the Chief
Wildlife Warden shall be the authority who controls, manages and maintains the
wildlife sanctuaries as:
1. It may construct roads, buildings, bridges, fences or gates and can make
such other things which are necessary for the sanctuaries.
2. They can take such steps that ensure the security of wild animals and the
preservation of the sanctuary.
 3. They can take such measures which help in the improvement of wildlife and
the habitat.
4. They can regulate, control or prohibit the grazing and movement of livestock
for the welfare of wildlife.

IMMUNIZATION OF LIVE-STOCK
Section 33A deals with the immunization of livestock. It says that the Wildlife
Warden shall take such measures that may be prescribed for the immunization
against communicable diseases in the livestock kept in or within five-kilometer of a
sanctuary.
No person shall take or cause any livestock without getting it immunized.

ADVISORY COMMITTEE
Section 33B deals with the matter of the advisory committee. It says that the State
government constitutes an Advisory Committee consisting of the Chief Life Warden
and shall include a member of the state legislature within the sanctuary. There are
three representatives of Panchayati Raj Institutions, two representatives of non-
governmental organizations and three individuals active in the field of wildlife
conservation, one representative each from departments dealing with home
matters. Honorary Wildlife Warden and the office-in-charge of the sanctuary as
member-secretary of the committee.
The committee shall give advice on measures to be taken for the better
conservation and management of the sanctuary. The committee shall regulate its
own procedure including quorum.

REGISTRATION OF CERTAIN PERSONS IN POSSESSION OF ARMS

Section 34 deals with the registration of certain persons in possession of arms
within the 3 months from the declaration of any area as a sanctuary. Every person
residing within ten kilometers of any such sanctuary and holding a license under
the Arms Act, it shall be applied in such form and the payment of fees shall be
done within the prescribed time period.

NATIONAL PARK
It is dealt from Sec. 35 - 36D of the Act.

DECLARATION OF NATIONAL PARKS

Section 35 deals with the declaration of national parks. It says:
● An area which by reason is ecological, has fauna, flora or with other benefits
related to the wildlife needs to be constituted as a national park. To protect
the wildlife, it may be constituted by the notification.
● If any area is intended to be declared as a national park it is first applied to
investigation of the land and determination of the claims.
● No one can enter except the person who brings livestock for the animal.
● The state government has all the rights of lands to be included in the
national parks. State government should issue a notification specifying the
limits of the area which is within the national park.
● Only on the recommendation of the national board, the changes to the
boundaries of national parks can be made.

CONSERVATION RESERVE
Section 36 deals with the declaration and the management of the conservation
reserve. As are mentioned below:

DECLARATION AND MANAGEMENT OF A CONSERVATION RESERVE

Section 36A deals with the declaration and management of a conservation reserve.
The state government after consultation with the local community declares that any
area owned by the government adjacent to the national parks and sanctuaries is
connected with one protected area to another. The central government has the
power over conservation reserves with its prior concern.

CONSERVATION RESERVE MANAGEMENT COMMITTEE

Section 36B deals with the committee management of conservation reserve. It says
that the state government shall constitute a conservation reserve management
committee to advise the Chief Wildlife Warden to conserve, manage and maintain
the conservation reserve.

For the forest and wildlife department, the committee consists of a representative,
who will be the member secretary of that committee. There should be one
representative of each village panchayat in whose jurisdiction the reserve is located
and the three representatives of non-governmental organizations working in the
field of wildlife conservation and one representative each from the Department of
Agriculture and Animal Husbandry.

COMMUNITY RESERVE
Section 36C and Section 36D deals with the declaration and management of
community reserve.

DECLARATION AND MANAGEMENT OF COMMUNITY RESERVE

Section 36C deals with the declaration and management of community reserve. It
says that the state government declares any private or community land not within
a national park, sanctuary, or conservation reserve, as a community reserve for
protecting fauna, flora and traditional or cultural conservation values and
practices.
The provision of sub-section (2) of Section 18, sub-section (2), (3) and (4) of Section
27, Section 30, 32 and clauses (b) and (c) of Section 33 shall as far as it may apply
in relation to the sanctuary.
After issuing of the notification, no change in the land use pattern shall be made
within the community reserve.

COMMUNITY RESERVE MANAGEMENT COMMITTEE

● Section 36D deals with the community reserve management committee. The
state government shall constitute a community reserve management
committee which shall be the authority responsible for maintaining and
managing.
● The committee shall consist of five representatives.
 ● The committee shall be a competent authority to prepare and implement the
management for the community reserve.
● The community should elect a Chairman who can also be the Honorary
Wildlife Warden on the committee reserve.

POWER OF CENTRAL GOVERNMENT TO DECLARE AREAS AS SANCTUARIES OR

NATIONAL PARKS
Section 38 defines the power of the Central Government to declare areas as
sanctuaries or national parks. It says that:
The state government grants or transfers any area under its control. The central
government, if satisfied with the conditions of the specified area, can declare it as a
sanctuary or a national park by the notification.
● The central government has the power to declare sanctuaries or national
parks if the government is satisfied by the conditions which are given in
section 35.
● A sanctuary or national park which is declared by the central government,
the powers and duties of that sanctuary or national park are given to the
Chief Wildlife Warden and an authorized officer on behalf of the Warden.

DIFFERENCE BETWEEN WILDLIFE SANCTUARY AND NATIONAL PARK

Sl. No. Basis Wildlife sanctuary National park

It is a natural habitat, owned by It is a protected area which

1 Meaning the government or private agency is established by the
for the protection of wild animals. government for wildlife.
Animals, birds, insects, reptiles,
2 Preserved Flora, fauna, landscape, etc.
etc.
To maintain the wildlife To protect the natural and
3 Objective
population and their habitat. historic objects and wildlife.
Highly restricted, no random
4 Restriction Less restricted and open for all.
person is allowed.
Official
5 Not required Required
permission
6 Boundaries Not fixed Fixed by legislation
Human
7 Allowed to a certain extent Not allowed at all
activity