Bengaluru, 560072
ceera@nls.ac.in

International and National Legal Framework on Biodiversity

INTERNATIONAL LEGAL FRAMEWORK ON BIODIVERSITY

The concept of conservation of wildlife, flora and fauna in the early 20th Century International Legal regime can be found in many international legal instruments such as the International Convention for the Protection of Birds of  1950, Convention on International Plant Protection, 1951, Agreed Measures for the Conservation of Antarctic Fauna and Flora, 1964 etc. This phase marked the beginning of a growing awareness of environmental concerns. With the end of World War II and the unprecedented progress of science and technology, a parallel issue that drew the concern of the international community was that of the exploitation of the nature and its resources that seemed to be accompanying the technological progress.

The first International legal instruments to have noted the importance of environmental conservation and which are still widely regarded as the beginning of the international environmental jurisprudence were the United Nations Conference on Human Environment held in 1972 and the Ramsar Convention on Wetlands adopted in 1971. Some of the subsequent major international instruments are the following:

  1. CONVENTION ON BIODIVERSITY ACT, 1993 PDF
  2. THE CARTAGENA PROTOCOL ON BIOSAFETY PDF
  3. NAGOYA PROTOCOL ON ACCESS AND BENEFIT SHARING PDF
  4. INTERNATIONAL CONVENTION FOR PROTECTION OF BIRDS, 1950 PDF
  5. INTERNATIONAL PLANT PROTECTION CONVENTION (IPPC), 1951 PDF
  6. CONVENTION ON WETLANDS, 1971 PDF
  7. CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FLORA AND FAUNA, (CITES), 1975 PDF
  8. BONN CONVENTION ON MIGRATORY SPECIES, (CMS) PDF
  9. UN CONVENTION ON LAW OF SEA, 1982 PDF
  10. INTERNATIONAL CONVENTION FOR THE REGULATION OF WHALING AND THE INTERNATIONAL WHALING COMMISSION, 1946 PDF
  11. THE WORLD HERITAGE CONVENTION (WHC) OR THE CONVENTION CONCERNING THE PROTECTION OF THE WORLD CULTURAL AND NATURAL HERITAGE PDF
  12. CONVENTION ON THE CONSERVATION OF MIGRATORY SPECIES OF WILD ANIMALS, 1979 PDF
  13. INTERNATIONAL TREATY ON PLANT GENETIC RESOURCES FOR FOOD AND AGRICULTURE (ITPGRFA) PDF   

NATIONAL LEGAL FRAMEWORK ON BIODIVERSITY

Image result for wildlife in india

The Indian Constitution encompasses the protection of Environment and this sentiment is enshrined in Article 48A and 51A (g) which states that “the State shall endeavor to protect and improve the environment and to safeguard the forests and wild life of the country and that it shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures.”

In efforts to realize the Constitutional mandate of environmental protection, India has planned and executed multiple policies, programs and laws and one of the important laws in relation to biological conservation and bringing into effect the Convention on Biological Diversity (CBD)  is the Biological Diversity Act 2002. There are multiple Acts and Rules related to Biodiversity in India such as the Indian Forests Act, 1927, the Air Related image(Prevention and control of Pollution) Act 1981, Protection of Plant varieties and Farmer’s Rights (PPVFR) Act, 2001 etc.India was one of the first few countries to bring about a comprehensive legislation on biodiversity conservation.The Biological Diversity Act, 2002 and the Biological Diversity Rules notified in 2004 give effect to the  objectives of the CBD which  is to conserve biodiversity, to have sustainable use of its components and to have fair and equitable sharing of the benefits arising from genetic resources and is the primary legislation through which the Access and Benefit sharing mechanism enshrined in the Nagoya Protocol is implemented in India.

Domestic Laws relating to Biological Diversity

  • Biological Diversity Act, 2002 PDF      
  • Biological Diversity Rules, 2004 PDF
  •  Protection of Plant Varieties and Farmers’ Rights (PPVFR) Act, 2001PDF
  • Plant Quarantine (Regulation of Import into India) Order, 2003 PDF
  • Wildlife (Protection) Act, 1972 PDF
  • The Patents Act, 1970 PDF
  • Seeds Act, 1966 PDF
  • Environment (Protection) Act, 1986 PDF
  •  Water (Prevention and Control of Pollution) Act, 1974 PDF
  • Water (Prevention and Control of Pollution) Cess Act, 1977 PDF
  • Air (Prevention and Control of Pollution) Act, 1981 PDF
  • Forest (Conservation) Act, 1980 PDF
  • The Indian Forest Act, 1927 PDF
  • Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 PDF
  • Fisheries Act, 1897 PDF
  • Prevention of Cruelty to Animals Act, 1960 PDF
  • Destructive Insects and Pests Act, 1914 PDF
  •  Mining and Mineral Development (Regulation) Act,1957 PDF
  •  Territorial Water, Continental Shelf, Exclusive Economic Zone and other Maritime Zones  Act, 1976 PDF
  • Maritime Zones of India (Regulation and Fishing by Foreign Vessels) Act. 1980 PDF
  • Rules for the manufacture, use/import/export and storage of hazardous microorganisms/ genetically engineered organisms or cells, 1989 PDF
  •  The Food Safety and Standards Act, 2006 PDF
  • Foreign Trade (Development and Regulation) Act, 1992 PDF