Abstract
The notion of biological diversity commonly understood as varied facets and form of natural life on habitable planet comprising of ecosystems, animals, aquatic animals and plants and shrub etc. The idea of the conservation of biodiversity is critical to all life including human being on planet like Earth. In new age of globalization and climate change there is a dire need to protect the earth’s complex ecosystems for their intrinsic value and beauty, on the other hand also to support our food production, our physical, mental, Psychological emotional and economical health, as without the diversity of the natural resources the interests of indigenous communities. It would have collapsed. Therefore, the significance of the conservation of biodiversity under law is very vital in the present context of study.
Introduction
The country like India has a wide range of diversified biological resources. It has enormous and unexploited treasure hidden in its forests, wetlands, aquatic and mountains, plain land consisting of India’s biodiversity. Since India is one of the most biologically varied country across the globe, hence there is a necessity to protect its biological heritage though laws and policies and schemes.
Conservation of Biodiversity: Laws and Policy
Indian Constitution had expressly mandates the protection and improvement of environment and safeguarding of forests and wild life in Articles 48A and Article 51A(g) . Apart from this the other legal provisions dealing with the biodiversity are: the Indian Forest Act, 1927, The Wild Life (Protection) Act, 1972 and the Former Conservation Act, 1980. The National Tribal Policy 2006 has set a new legal context for tribal communities. The legislative methods to protect biological diversity in India stem from international guidelines under the UN Convention on Biological Diversity and the Nagoya Protocol on Access and Benefit sharing in 2014. The latter provides for the protection of the resources and rights of indigenous peoples and local communities in accordance with the UN Declaration on the Rights of Indigenous Peoples.
India signed and ratified the UN Convention on Biological Diversity held at Rio de Janerio in 1992, “to provide for conservation of Biological Diversity, sustainable use of its components and fair and equitable sharing of benefits arising out of the use of biological resources and knowledge”. Under it obligation, the Indian government enacted the Biological Diversity Act in 2002. This is one of the major instruments available to the government for the protection of indigenous knowledge system.
Biological Diversity Act, 2002: Some Glimpse
The scope of Biological Diversity Act , also extent to biological resources occurring in and obtained from India and knowledge associated thereto and the main objectives are to conserve Biological diversity, Sustainable use of its component, Fair and equitable sharing of the benefit s arising out of utilization of genetic resources. The Act was enacted in 2002, it aim at the conservation of biological resources managing its sustainable use and enabling fair and equitable haring benefit arising out of the use and knowledge of biological resources with the local communities
To achieve its objectives the BDA has provisions for the setting up
a) National Biodiversity Authority
b) State Biodiversity Board
c) Biodiversity Management Committee in local bodies
Conclusion:
The Biodiversity Act is a significant step to conserve Biodiversity but it is imperative to create awareness among rural and urban population to the importance of conserving biodiversity. The Act has provisions for access and benefit sharing being derived from the commercial utilization of biological resources but this economic benefit could have been applied for further preservation and conservation of wildlife and biological resources if the Act had been appropriately executed. This Act has provisions on Access and Benefit Sharing to determine the role of and participation requirement of indigenous people and local communities in conserving the biological resources.
