1. What is Biodiversity?

Discuss the functions and powers of the National Bio

diversity Authority and State Biodiversity Board.
Ans:
Introduction:
Biodiversity in the layman’s word comprises of various life forms within the
biosphere. It contains life forms from the simple single-celled microbes to highly
complex organisms. Biodiversity is the basis of the ecosystem and is important for
its functioning. We depend on biodiversity for our baisc needs like food, shelter,
medicines etc.

Biodiversity is extremely complex, dynamic and varied. It includes innumerable

plants, animals, microbes, atmosphere (mixture of various gases), geosphere (solid
part of the earth) and hydrosphere (the liquid portion on Earth).

Definition of Biodiversity:
Biodiversity can be defined as a community of all the living organisms on the earth
and the diversity among them from all the ecosystems. Biodiversity is thus the
variability between the species, within the species, and between the ecosystem.
The term biodiversity was coined by Walter G. Rosen in the year 1986.
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.
Biodiversity has been defined under Section 2(b) of the Biodiversity Act, 2000 as
"the variability among living organisms from all sources and the ecological complexes
of which they are part, and includes diversity within species or between species and of
ecosystems".
What are the different levels of Biodiversity?
The variety of life forms – Biodiversity- is considered to exist at three different levels.
These are Genetic, Species and Ecosystem
Genetic Diversity:It is the variation in genes within a species, i.e. between the
individuals of species. It is this diversity in genes that allows species to adapt
themselves in changing environments and adapt to diseases.
For example: India has more than 50,000 genetically different strains of rice, and
1,000 varieties of mango!!!
Species Diversity: It is the variety of living organisms- the number of species of
plants and animals on Earth.
For example: A Tiger and a cat!! Both of them belong to the same genus but are
different species.
Ecosystem/Ecological Diversity: It refers to the different habitats, biological
communities and ecological processes.
For example: A grassland or a forest or a pond. They are all different ecosystems.

Powers and Functions of National Biodiversity Authority

and State Biodiversity Board:

Powers and functions of National Biodiversity Authority:

Introduction:
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.
The National Biodiversity Authority (NBA) was established in 2003 to implement
India’s Biological Diversity Act (2002)
• Head quarters; CHENNAI
Constitution and Establishment of NBA: Sec 8 of the Act
The National Biodiversity Authority shall consist of the following members, namely:
—
(a) a Chairperson, who shall be an eminent person having adequate knowledge and
experience in the conservation and sustainable use of biological diversity and in
matters relating to equitable sharing of benefits, to be appointed by the Central
Government;
(b) three ex officio members to be appointed by the Central Government,
 the Ministry dealing with Tribal Affairs
 the Ministry dealing with Environment and Forests
 Additional Director General of Forests or the Director General of Forests;
(c) seven ex officio members to be appointed by the Central Government to represent
respectively the Ministries of the Central Government dealing with—
(i) Agricultural Research and Education;
(ii) Biotechnology;
(iii) Ocean Development;
(iv) Agriculture and Cooperation;
(v) Indian Systems of Medicine and Homoeopathy;
(vi) Science and Technology;
(vii) Scientific and Industrial Research;
(d) five non-official members to be appointed from amongst specialists and scientists.

CONDITIONS OF SERVICE OF CHAIRPERSON AND MEMBERS. SEC 9

The term of office and conditions of service of the Chairperson and the other members
other than ex officio members of the National Biodiversity Authority shall be such as
may be prescribed by the Central Government.

REMOVAL OF MEMBERS. SEC 11

The Central Government may remove from the National Biodiversity Authority any
member who, in its opinion, has—
(a) been adjudged as an insolvent; or
(b) been convicted of an offence which involves moral turpitude; or
(c) become physically or mentally incapable of acting as a member; or
(d) so abused his position as to render his continuance in office detrimental to the
public interest; or
(e) acquired such financial or other interest as is likely to affect prejudicially his
functions as a member.

Powers of NBA:
I. Power of Approval by NBA.
a. Regulation of Access to Biological Diversity: Sec 3
No person referred to in sub-section (2) shall, without previous approval of the
National Biodiversity Authority, obtain any biological resource occurring in India or
knowledge associated thereto for research or for commercial utilisation or for bio-
survey and bio-utilisation.
b. Results of research not to be transferred to certain persons: Sec 4
No person shall, without the previous approval of the National Biodiversity Authority,
transfer the results of any research relating to a y biological resources occurring in, or
obtained from, India for monetary consideration or otherwise to any person who is not
a citizen of India or citizen of India who is non-resident as defined in clause (30) of
section 2 of the Income-tax Act, 1961 (4 of 1961) or a body corporate or organisation
which is not registered or incorporated in India or which has any non-Indian
participation in its share capital or management.
c. Application for Intellectual Property rights not to be made. Sec 6
No person shall apply for any intellectual property right, by whatever name called, in
or outside India for any invention based on any research or information on a biological
resource obtained from India without obtaining the previous approval of the National
Biodiversity Authority before making such application:
Optional: Provided that if a person applies for a patent, permission of the National
Biodiversity Authority may be obtained after the acceptance of the patent but before
the sealing of the patent by the patent authority concerned:
Optional: Provided further that the National Biodiversity Authority shall dispose of
the application for permission made to it within a period of ninety days from the date
of receipt thereof.
II. Power of Determination of equitable Sharing:
NBA shall while granting approvals under section 19 or section 23 ensures that the
terms and conditions subject to which approval is granted secures equitable sharing of
benefit arising out of the use of accessed biological resources, their by-products,
innovations and practices associated with their use and applications and knowledge
relating thereto in accordance with mutually agreed terms and conditions between the
person applying for such approval, local bodies concerned and the benefit claimers
III. Power to Oppose the Grant of IPR
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.
Functions of NBA: write at least 6-7 points
1. Advise the central Government on any matter concerning conservation of
biodiversity sustainable use of its components and fair and equitable sharing of
benefits arising out of the use of biological resource and knowledge.
2. Coordinate the activities of state biodiversity.
3. Provide the technical assistance and guidance to the state biodiversity boards.
4. Sponsor investigation and research.
5. Engage consultants for a specific period not exceeding 3 years for providing
technical assistance to the Authority in the effective discharges of its functions.
6. Collect, compile and publish technical and statistical data, manuals, codes or guides
relating to conservation of biodiversity, sustainable use of its components and fair and
equitable sharing of benefits arising out of the use of biological resource and
knowledge’s.
7. Organize through mass media a comprehensive programme regarding conservation
of biodiversity, sustainable use of components and fair and equitable sharing of
benefits arising out of the use of biological resources and knowledge.
9. Prepare the annual budget of the authority including its own receipts as also the
devaluation from the central Government provided that the allocation by the central
government shall be operated in accordance with budget provisions approved by the
central govt.
10. Recommend creation of posts to the central Government for effective discharge of
the functions by the authority.
11. Approve the method of recruitment to the officers and servants of the authority.
12. Take steps to build up data base and to create information and documentation
system for biological resources and associated traditional knowledge through
biodiversity register and electronic data bases to ensure effective management,
promotion and sustainable uses.
13. Give directions to state Biodiversity Boards and the Biodiversity Management
Committees in writing for effective implementation of the act.
Powers of State Biodiversity Board:
Establishment of State Biodiversity Board: Sec 22
The Board shall consist of the following members, namely:-
a. a Chairperson who shall be an eminent person having adequate knowledge and
experience in the conservation and sustainable use of biological diversity and in
matters relating to equitable sharing of benefits, to be appointed by the State
Government;
b. not more than five ex officio members to be appointed by the State Government to
represent the concerned Departments of the State Government;
c. not more than five members to be appointed from amongst experts in matters
relating to conservation of biological diversity, sustainable use of biological resources
and equitable sharing of benefits arising out of the use of biological resources.
Functions of State Biodiversity Board.- Sec 23
The functions of the State Biodiversity Board shall be to-
a. 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 f
biological resources;
b. regulate by granting of approvals or otherwise requests for commercial utilisation
or bio-survey and bio-utilisation of any biological resource by Indians;
c. Advise the Government on selection of biological heritage sites
d. 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.
e. Take appropriate steps to oppose grant of intellectual property rights in foreign
countries, arising from the use of biological resources or associated traditional
knowledge.
Power of State Biodiversity Board to restrict certain activities violating the
objectives of conservation, etc.- Sec 24
Any citizen of India or a body corporate, organisation or association registered in
India intending to undertake any activity referred to in section 7 (Prior intimation to
State Biodiversity Board for obtaining biological resource for certain purposes)
shall give prior intimation in such form as may be prescribed by the State Government
to the State Biodiversity Board.
On receipt of an intimation under sub-section (1), the State Biodiversity Board may, in
consultation with the local bodies concerned and after making such enquires as it may
deem fit, by order, prohibit or restrict any such activity if it is of opinion that such
activity is detrimental or contrary to the objectives of conservation and sustainable use
of biodiversity or equitable sharing of benefits arising out of such activity: Provided
that no such order shall be made without giving an opportunity of being heard to the
person affected.

Conclusion:
2. Discuss the constitution or establishment of National Biodiversity Authority
and Its functions and Powers?
Ans:
Introduction: read from 1st Question.
constitution or establishment of National Biodiversity Authority and Its functions
and Powers:
Read from 1st Question.
Read from “Introduction---------- to--------Functions of NBA----------

Conclusion.

3. Define Biological Resources. Explain the powers and Function of NBA?

Introduction: read from 1st Question.
Define Biological Resources:
Explain the powers and Function of NBA:
Read from 1st Question.
Read from “Introduction---------- to--------Functions of NBA----------

Conclusion:
4. Define Biodiversity? What are the main concerns and issues in Biological
Diversity?
Ans:
Introduction: read from 1st Question.
Definition of Biodiversity: read from 1st Question.
Main concerns and issues in Biological Diversity
LOSS OF BIODIVERSITY
The loss of species, ecosystems or genes is termed as a loss of biodiversity. The
biological wealth of the planet is declining rapidly. The IUCN Red List documents the
extinction of 784 species ( including 338 vertebrates, 359 invertebrates and 87 plants)
in the last 500 years. In the last 20 years alone, we have witnessed the loss of more
than 30 species.
Reasons for loss of Biodiversity
 Habitat loss and fragmentation: This is a primary cause which drives animals
and plants to extinction. The habitat loss and fragmentation have been through
changes of land use, in particular, the conversion of natural ecosystems to
cropland, development of infrastructure projects like rails and roadways,
increasing urbanisation and mining activities.
o As per the Living Planet report, there have been about 30% decline in
wetlands in the last 40 years.
 Over-exploitation of species: Unsustainable use of ecosystems and over-
exploitation of biodiversity are a major reason behind biodiversity loss. Over-
hunting or poaching of species, overfishing and over-harvesting of plant
products can quickly lead to a decline in biodiversity. Changing consumption
patterns of humans is often cited as the key reason for this unsustainable
exploitation of natural resources. Many species which got extinct in the past 5
centuries, like Steller's sea cow, passenger pigeon, were subject to over-
exploitation by humans.

 Invasion of non-native species-- When alien species are introduced

unintentionally or deliberately for whatever purpose, some of them turn
invasive, and cause decline or extinction of indigenous species. Taking the
example of Nile Perch that was the exotic species in lake Victoria. Their
establishment cause the extinction of many native fish species in the lake.
  Pollution-- Pollution, generally, is not a cause of extinction, but it may affect
the species whose range is extremely small and threatened by contamination.

 Climate Change-- The distribution of species is largely determined by the

climate. The change in climate may simply shift these distribution, but for a
no. of reasons, plants and animals may not be able to adjust.
 Global climate change: Climate change is projected to become a
progressively more significant threat to biodiversity in the coming decades.
Already, changes in the flowering and migration patterns as well as in the
distribution of various species have been observed throughout the world.
These changes have altered food chains and create mismatches within
ecosystems where different species have evolved synchronised inter-
dependence.
 Co-extinctions: When a particular species becomes extinct, the plants and
animals associated with it in an obligatory way also come under the danger of
becoming extinct. For example, When a host fish species becomes extinct, its
unique assemblage of parasites also meets the same fate.
 Natural causes: Like floods, earthquakes and other natural disasters also
cause loss of biodiversity.
Measures taken by Indian Government to Conserve Biodiversity: write at least 6-
7 points
1. The Central Government has enacted the Wild Life (Protection) Act, 1972.
The Act, inter alia, provides for the creation of Protected Areas for the
protection of wildlife and also provides for punishment for hunting of specified
fauna specified in the schedules I to IV thereof.
2. The Centrally Sponsored Scheme of National Plan for Conservation of
Aquatic Eco-System also provides assistance to the States for the management
of wetlands including Ramsar sites in the country.
3. Wildlife Crime Control Bureau has been established for control of illegal
trade in wildlife, including endangered species.
4. Wildlife Institute of India, Bombay Natural History society and Salim Ali
Centre for Ornithology and Natural History are some of the research
organisations undertaking research on conservation of wildlife.
5. The Indian Government has banned the veterinary use of diclofenac drug that
has caused the rapid population decline of Gyps vulture across the Indian
Subcontinent.
6. The Centrally Sponsored Scheme ‘Integrated Development of Wildlife
Habitats‘ has been modified by including a new component namely ‘Recovery
of Endangered Species‘ and 16 species have been identified for recovery
7. Under the ‘Recovery of Endangered Species’ component of the Centrally
Sponsored Scheme ‘Integrated Development of Wildlife Habitats’ for the
recovery of endangered species
8. Protected Areas, viz, National Parks, Sanctuaries, Conservation Reserves and
Community Reserves all over the country covering the important habitats have
been created as per the provisions of the Wild Life (Protection) Act, 1972 to
provide better protection to wildlife, including threatened species and their
habitat.
9. Financial and technical assistance is extended to the State Governments under
various Centrally Sponsored Schemes, viz, ‘Integrated Development of
Wildlife Habitats’, ‘Project Tiger’ and ‘Project Elephant’ for providing better
protection and conservation to wildlife.
10. The Central Bureau of Investigation (CBI) has been empowered under the Wild
Life (Protection) Act, 1972 to apprehend and prosecute wildlife offenders.
11. The State Governments have been requested to strengthen the field formations
and intensify patrolling in and around the Protected Areas.
5. Why do we need legislation on “Biodiversity”. Explain the Salient features of
the Biological Diversity Act 2002.
Ans:
Introduction:
Same as 1st Question
Reasons for enactment of the Biodiversity Act
Biodiversity Act, 2002 came into existence much later than the other existing laws on
environment such as the Indian Forest Act, 1927 , Wildlife Protection Act, 1972 ,
Environment Protection Act, 1986 etc. Though all these legislations laid impetus on
the conservation of the environment, yet none of them properly addressed all the
dimensions of the ecological and biodiversity preservation.
Furthermore, India also became a signatory to various other ecological as well
environmental laws, such as the:
 Ramsar Conservation on Wetlands, 1971
 Convention for the Protection of World Cultural and Natural Heritage, 1972
 Convention on International Trade of Endangered Species of Wildlife Fauna
and Flora, 1973
 Convention on the Conservation of European Wildlife and Natural Habitat,
1979
 World Conservation Strategy, 1980
 the United Nations Convention on Biological Diversity, 1992
All these conventions were to cater to the needs of the protection to the wildlife and
the environment. However, the United Nations Convention on Biological Diversity for
the first time made a comprehensive plan for the protection of biodiversity. Post
1990s, there was a change in the economic structure from closed economy to open
economy. Thus, there were no laws to protect bio-piracy by the developed nation on
the Indian soil. Hence, a strong legislation was required to curtail the overexploitation
and piracy of the indigenous resources.
During the period of 2000-2002, a civil society group was commissioned for
preparing India’s National Biodiversity Strategy and Action Plan. However, this plan
was not accepted by the government. Therefore, the government decided to release its
own draft on National Biodiversity Plan which was made by the technocrats. The Act
of 2002, based on this plan was passed by the Lok Sabha on 2 nd December, 2002 and
Rajya Sabha on 11th December, 2002.
The objectives of the Act were:
 1. Conservation of Biological diversity
2. Sustainable use of its components
3. Fair and equitable sharing of the benefits arising out of utilization of genetic
resources.
Apart from these main objectives the Act has also given force to some of the terms of
CBD by the following provisions:
1. To set up National Biodiversity Authority (NBA), State Biodiversity
Board(SBB) and Biodiversity Management Committees(BMC’s).
2. To respect and protect knowledge of local communities traditional knowledge
related to biodiversity.
3. To conserve and develop areas of importance from the standpoint of biological
diversity by declaring them biological diversity heritage sites.
The Biological Diversity Act of 2002 and the Biological Diversity Rules, 2004 are
implemented by National Biodiversity Authority (NBA) at the national level, State
Biological Board (SBB) at state level and Biodiversity Management Committees
(BMC’s) at local levels. Some of the major functions of these authorities are[vii] :
 To regulate activities of, approve and advice the Government of India on
matters relating to the conservation of biodiversity, sustainable use of its
components and equitable sharing of benefits.
 To grant approval under Sections 3,4 and 6 of Biodiversity Act,2002
 To notify areas of biodiversity importance as biodiversity heritage sites under
this act and perform other functions as may be necessary to carry out the
provisions of the Act.
 To take measures to protect biodiversity of the country as well as to oppose the
grant of intellectual property rights to any country outside or any biological
resources obtained from India.
Salient Features of Biological Diversity Act 2002:
After an extensive and intensive consultation process involving the stakeholders, the
Govt. of India has brought Biological Diversity Act, 2002.
1. To regulate access to biological resources of the country equitable share in benefits
arising out of the use of biological resources.
2. To conserve and sustainable use of biological diversity.
3. Setting up of National Biodiversity Authority (NBA), State Biodiversity Board
(SBB) and Biodiversity Management Committee’s. (BMC’s).
4. NBA and SBB are required to consult BMCs in decisions relating to bioresource /
related knowledge within their Jurisdiction.
5. To respect and protect knowledge of local communities traditional knowledge
related to biodiversity.
6. 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.
7. All foreign nationals / organizations require prior approval of NBA for obtaining
biological resources and / or associated knowledge for use.
8. Indian scientists / individuals require approval of NBA for transferring results of
research to foreign nationals / organizations.
9. Conservation and development of areas of importance from the standpoint of
biological diversity by declaring them as biological diversity heritage sites.
10. Protection and rehabilitation of threatened species.
11. Involvement of institutions of State Government in the broad scheme of the
implementation of the Biological Diversity Act through constitution of committees.
12. 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.
13. Indian Industry needs prior intimation to SBB to obtain bioresource. SBB has right
to restrict if found to violate conservation and sustainable use and benefit sharing.
14. Provisions for notifying heritage sites by State Government in consultation with
local body.
15. Creation of National, State and Local Biodiversity Fund and its use for
conservation of biodiversity.
16. Prior approval is needed from NBA for IPRs in any invention in India or outside
India on Bioresource.

Conclusion:
6. Discuss the salient features of the Biological Diversity Act 2002?

Ans:

Introduction: read from 1st Question.

Definition of Biodiversity: read from 1st Question.

Salient Features of the Biological Diversity Act, 2002:

India saw a transformation of its closed economy into an open economy, post-1990.
Biopiracy thereafter, stood unguarded with no stringent legislation protecting the
overexploitation and piracy of resources. This further saw the formation of a civil
society group appointed to formulate a National Biodiversity strategy and plan.
However, this wasn’t accepted and the government itself articulated a legal framework
and draft known as the Biodiversity Bill, 2000, based on which this Act was passed by
the Lok Sabha on 2nd December 2002 and Rajya Sabha on 11th December 2002. It
had finally received the Presidential assent on 5th February 2003.

The Biological Diversity, as federal legislation, was a mere attempt of India to uphold
the objectives put forth by the United Nations Convention on Biological Diversity
(CBD) 1992, giving immense importance to the rights of a state over its resources.

This Act broadly sets forth to protect and conserve the biological diversity, control the
utilization of resources, and maintain equality in the distribution of its resources and
benefits arising from it.

Features:

Read from Previous question.

7. Define Biodiversity? Discuss the scope and nature of Biodiversity?

Ans:
Introduction: read from 1st Question.
Definition of Biodiversity: read from 1st Question.

Importance or Scope or nature of biodiversity:

Biodiversity has contributed a lot to the development of human culture and, in turn,
human communities have played an important role in shaping the biodiversity at the
genetic, species and ecological levels. Biodiversity is important in the following ways:

 Ecological role: Species of many kinds perform some of the other functions in
an ecosystem. Every organism, besides fulfilling its own needs, also
contributes something useful to different other organisms in the environment.
Species capture, store and utilise energy, produce and decompose organic
materials, are part of cycles of water and nutrients throughout the ecosystem,
fix gases in the atmosphere and also help regulate the climate. Thus, they help
in soil formation, reducing pollution, protection of land, water and air
resources. These functions of biodiversity are important for ecosystem
functions and stability.

 Ecosystem services: Biodiversity underpins the basis of all the ecosystem

services on the planet.

 Provisioning Services: Various plants, animals and microorganisms which

form the biodiversity, provide us with foods such as cereals, fishes etc. , fibre
for our clothes such as cotton, wool etc., fuelwood for survival as well as
pharmaceutical products such as neem, tulsi etc.

 Regulating services: Biodiversity regulates the local as well as global climate,

manages the global levels of oxygen, carbon dioxide and other gases, maintain
freshwater quality by vegetation slowing runoff, absorbs carbon by acting as
 carbon sinks etc. Thus biodiversity regulates the life and life processes on the
planet.

 Supporting services: Biodiversity helps in pollination, nutrient cycling as well

as recycling, greenhouse gas reduction by sequestration.

 Social and cultural services: Biodiversity provides us with aesthetic pleasure.

It provides is recreational avenues and rich biological diversity encourages
tourism in the region. Many communities and cultures have co-evolved with
the surroundings and the resources provided by a biologically diverse
environment. Hence, it performs an important social role as well. Important
services which are provided by biodiversity are:

o Recreation and relaxation

o Tourism especially ecotourism

o Art, Design and inspiration

o Spiritual experiences and a sense of place

 Food web maintenance: Biodiversity helps in maintaining food webs as

higher the diversity of an ecosystem, more complex is going to be the food
webs because there are so many options to eat. Therefore, higher chances of
survival of every species are there. This results in more stable food chains and
food webs.

 Scientific role: Biodiversity help in scientific research, education and

monitoring. For example, research about new genetic materials with the help of
gene pools. Biodiversity, thus, helps in understanding functioning of life and
the role that each species plays in sustaining ecosystems of which we humans
are also a part.

Conclusion: