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BIODIVERSITY

December 4, 2024

BIODIVERSITY HOTSPOTS

A biodiversity hotspot is a biogeographic region with a significant reservoir of biodiversity that is under threat from humans. A hotspot is an area which faces serious threat from human activities and supports a unique biodiversity with representatives of evolution of speciation and extinction.

Requirements:
To qualify as a biodiversity hotspot, a region must meet two strict criteria:

  • It must have at least 1,500 vascular plants as endemics or a high percentage of plant life found nowhere else on the planet.
  • It must have 30% or less of its original natural vegetation. In other words, it must be threatened.
Data

  1. Land Area: 1.4% of land on Earth.
  2. Composition: They are home to 60% of Earth’s plant, bird, mammal, and reptile species.
  3. Number: There are 36 biodiversity hotspots on our planet.

India Related

  1. Habitat Loss: Over 90% of the area under the biodiversity hotspots in India have been lost. (CSE Data 2021)
  2. Extinction: 25 species have also become extinct in India’s 4 Hotspots.
  3. Hotspots in India:
    • The Himalayas: Includes the entire Indian Himalayan region (and that falling in Pakistan, Tibet, Nepal, Bhutan, China, and Myanmar).
    • Indo-Burma Region: Includes entire North-eastern India, except Assam and Andaman group of Islands.
    • The Western Ghats: Includes the entire Western Ghats and Sri Lanka.
    • Sundaland: Includes Nicobar group of Islands (and Indonesia, Malaysia, Singapore, Brunei, Philippines).

Importance

  1. Environmental
  • Endemic Variety: Due to the complex interactions among life in the more secluded biomes undisturbed by human activity, some of these species have evolved with amazing variations.
  • Lungs of the Planet: The forested hotspots are responsible for considerable stock of oxygen in the atmosphere.
  • Carbon Sink: Biodiversity Hotspots are also major carbon sinks and aid in carbon sequestration.
  • Gene Pool: We need the genetic diversity of different plants in order to keep the plant kingdom healthy. Destruction leads to a rise in monoculture.
  • Disaster Protection: They also help in reducing the impact of various natural disasters.
    • Example: The Sundarbans Mangroves protect Bengal from the effects of cyclones in the Bay of Bengal.
  • Bioremediation: Approximately 75% of the 100,000 chemicals released into the environment can be degraded by biological organisms.
  • Curb Disease Spread: A loss of biodiversity leads to an increase in the spread of disease.
    • Example: Coronavirus has been speculated to have originated from a distress mechanism in bats used to adapt to habitat loss.
  • Species Diversity: These areas also showcase the national species wealth in terms of floral and faunal diversity.
  • Flagship Species: Asian Elephants, Indian Tigers, the Lion-tailed Macaque, Nilgiri Tahr, Indian Giant Squirrel can all be found here.
  • Micro-Climate:
    Hotspots help in regulating the climate of the region and not letting extremes of temperatures prevail.
  1. Economic
  • Provision of biological resources: For example, food and water sources within the areas for indigenous and communities living in the periphery.
  • Ecosystem Services: Ecosystem services are the direct and indirect contributions of ecosystems to human well-being.
    • Example: Forested soil in these areas prevents soil erosion and landslides.
  • Other Economic Goods: Ornamental plants, wood products.
  • Eco Tourism: These areas are also part of eco-tourism which, when done sustainably, can help in generating revenues.
  • Minor Forest Produce: This helps indigenous communities to sell and make a livelihood sustainably.
  • Geotextiles: Himalayan Nettle fiber is used to produce a very strong cord useful for string, rope, or fishing nets.
  • Pest Control: An estimated $20 billion a year is spent worldwide on pesticides. Yet, parasites and predators existing in natural ecosystems provide an estimated 5-10 times this amount of pest control.
  1. Social
  • Tribal Livelihood: These areas also help the tribals and indigenous communities to earn a livelihood through the sale of forest produce.
  • Socio-cultural Uniqueness: The hotspots host various tribal and indigenous communities with their own unique culture, which are also threatened with the loss of biodiversity.
  1. Scientific
  • Research: These areas are rich in diversity and key for scientific research and habitat.
  • Pharmaceuticals: These areas are known to host various endemic plants that are increasingly used in research of various diseases.
    • Example: Rhus Semialata: Inhabitants of the Himalayan region use the fruit of this plant for curing diarrhea and dysentery.
  • Genetic Diversity: The gene pool in these areas is vital in understanding various adaptations and variations of the species.
  • Prediction Models: It could also make bioclimatic predictions of climate change-induced species shifts.

 

Threats to the Biodiversity Hotspots

  1. Natural
  • Invasive Species: These species destroy native plants and fauna species by increasing competition for water and food, thus reducing the native population.
    • Example: Lantana Camara produces toxic chemicals which inhibit competing plant species.
  • Endogamic Issues: Due to the absence of a robust gene pool, the species form monocultures which are not resilient to many diseases.
  • Natural Disasters: Disasters like forest fires resulting from the dry season also destroy many areas and reduce the area and extent of the hotspot.
  1. Anthropological
  • Over-Exploitation: Human activities like fishing and hunting can also drive species toward habitat loss and extinction.
  • Pollution: Pollution from man-made activities like fossil fuel burning, wastewater discharge, and soil pollution through chemical leaching can degrade the ecosystem.
  • Climate Change: Heating of the Earth’s surface affects biodiversity because it endangers species that adapted to a certain temperature range.
  • Over-Population: Analysis of global human population data shows higher human population density in hotspots located in the tropics.
    • Data: Western Ghats has a very high density of 300 persons per km².
  • Illegal Trade: Wildlife trade and poaching of exotic plants and animals are responsible for habitat loss in the area.
  • Deforestation: The felling of trees and encroachment upon forest lands lead to the loss of species diversity and shrink the area under the hotspot.
  • Unsustainable Tourism: Increased tourism without proper regulation leads to pollution and environmental degradation.
    • Examples: Pilgrimage destinations like Rishikesh and hill stations like Dehradun see a rise in deforestation due to real estate demands.
  • Agriculture: Due to rising pressure for arable land, forest lands are increasingly burned to make agricultural lands.
  • Tribal Practices: Certain tribal groups engage in slash-and-burn agriculture, reducing forest sizes and hunting practices, which impact species numbers.
  • Forest Fragmentation: The fragmentation of forests is a general consequence of haphazard logging and agricultural land conversion, which is widespread.
  • Mining: Oil and gas extraction and resource mining destroy fragile ecosystems.
    • Example: Mining for iron in Goa and Karnataka Western Ghats.

 

Way Forward

  • In-situ Conservation: Conservation of genetic resources in natural populations and habitats of plants and animals.
  • Ex-situ Conservation: Artificial breeding programs for species on the brink of extinction or endangered.
  • Eco-Sensitive Protection: Protect these areas by banning all human activities except those involving tribals.
    • Data: Gadgil Committee report suggests declaring 64% of the Western Ghats as eco-sensitive.
  • Awareness: Educate indigenous communities to avoid harmful activities in biodiversity-sensitive zones.
  • Joint Forest Management (JFM): Model the management of these areas collaboratively with state and local communities.
  • Strict Law Enforcement: Strengthen laws to deter violations of ecological norms.
    • Example: Assam’s right to kill anyone trespassing in core areas of national parks.
  • Curbing Import of Foreign Species: Vet all exotic plants and animals thoroughly to mitigate threats to native species.
  • Sustainable Tourism: Tourism should be limited to outer areas and focus on generating awareness instead of commercial purposes.
  • Curbing Polluting Sources: Enforce stricter norms on wastewater discharge and industrial effluents to minimize impacts on hotspots.
  • Multilateral Collaboration: Many hotspots are shared among nations; collaborative approaches can enhance conservation efforts.

 

Biodiversity hotspots represent the ecological wealth of the planet. They are crucial for sustaining life on Earth. Due to increasing threats, efforts must be intensified to protect and preserve these vital areas.

ILLEGAL WILDLIFE TRADE

Wildlife trade poses the second-biggest direct threat to the survival of species after habitat destruction. India is among the top 20 countries for the illegal wildlife trade and its fast expanding airport sector is often used by wildlife traffickers to smuggle high-end, high-value species and products. 

Data

  1. Annual Value of Illegal Trade: $7-$23 billion (2016 UN estimate)
  1. Decline in Populations: Found a 58% decline in birds and an 83% decline in mammal abundance in hunted versus unhunted areas.
    • 62% decline in species abundance where wildlife trade was present.
  2. Average Animals Traded/Killed: Over the decade from 2005 to 2014, the average was over 100 million animals/organisms per year.
  3. Ranking: Wildlife trade is ranked as the 4th largest global crime (UNDOC Report).
  4. Source: Over 31% of trafficked items were found in checked luggage in India (43% globally), followed by air cargo at 20%, seizure data shows.

Impact of Illegal Wildlife Trade

  1. Environmental
  • Species Lost: Wildlife trade causes species extinction and habitat loss.
    • Example: The Chinese Pangolin is now critically endangered due to hunting.
  • Loss of Keystone Species: Keystone species regulate ecosystems; their loss disrupts ecological processes and affects the ecosystem.
  • Effects on Food Chains: Removal of wildlife species disrupts food chains.
    • Example: Excessive trade in amphibians leads to a loss of food sources for reptiles.
  • Invasive Species: Transporting exotic species introduces invasive species to new areas.
    • Example: Water Hyacinth, introduced in India from Brazil, destroys water bodies.
  • Spread of Disease: Cross-border smuggling of live animals and plants spreads diseases such as Ebola, Bird Flu, and Coronavirus.
  1. Social
  • Cultural Heritage: Wildlife trade threatens species representing cultural pride and affects cultural sentiments.
    • Example: The Sundarbans communities worship the Bengal Tiger as “Dakkhin Rai.”
  • Forest/Rural Livelihoods: Illegal wildlife trade threatens rural and forest-based livelihoods.
  • Food Security: Wildlife trade impacts food security and ecosystems, damaging biodiversity.
  1. Economic
  • Revenue Loss: Significant revenue losses occur in tourism, sustainable practices, and conservation efforts.
  • Black Market: Wildlife trade fuels black markets and informal economies.
  • Rise in Crime: Increased violence and illegal activities are linked to wildlife trade.
  • Eco-Tourism Loss: Loss of legal nature-based enterprises reduces eco-tourism potential.
  • Prosperity: Wildlife crime undermines the economic development of regions.
  • Loss of Natural Capital: Illegal trade depletes natural resources, threatening economic stability and cohesion.
  1. Scientific
  • Loss of Data: Lack of reliable data limits understanding of illegal wildlife trade impacts.
  • Loss of Genetic Pool: Species loss reduces genetic diversity, leading to high endemism.
    • Example: Indian Tigers exhibit high endemism due to being bred from a limited gene pool, threatening long-term sustainability.

 

Reasons for the Thriving Trade

  1. Political
  • Weak Jurisdictions: Jurisdictions often lack the required knowledge, legislative basis, and resources to assess and combat threats posed by the funds generated through illegal trade.
    • Example: The Prevention of Cruelty to Animals (Aquarium and Fish Tank) Rules, 2017, were withdrawn by the government, allowing rampant and unregulated trade of fish with no regard for their lives.
  • Poor Laws: Most laws are inadequately empowered to deal effectively with wildlife crime.
  • Corruption: A political-criminal nexus benefits from wildlife trade, especially in northeastern and border states.
  • Undocumented Species: Thousands of undocumented species can still be traded legally in international markets, bypassing national laws.
  • Lack of State-State Coordination: Coordination between states is often missing, allowing contraband to move undetected.
  1. Economic
  • Immense Value of Trade: The trade is highly lucrative due to the massive demand from China for traditional medicines.
  • Poverty: Many tribal and rural communities engage in wildlife trade for livelihood and monetary gains.
  • Luxury Products: High demand exists for furs, tiger skins, scales, and luxury products like furniture.
  • E-Commerce: The internet, driven by the ICT revolution, fuels illegal wildlife trade.
    • Data: The Ministry of Environment, Forest, and Climate Change (MoEFCC) reported 106 websites actively involved in illegal wildlife trade in India.
  • Pet Trade: A significant portion of the trade caters to the pet industry in Western nations, dealing with exotic species.
    • Example: The Gooty Tarantula of India is the most trafficked pet spider globally.
  1. Social
  • Cultural Customs: Some communities hunt and poach animals as part of cultural traditions, which normalizes trade.
    • Example: Owls are in high demand around Diwali because of the belief that killing them appeases the gods.
  • Traditional Medicines: Animal parts are smuggled in many cultures for traditional remedies.
    • Example: Rhino horn is allegedly used to treat snake bites.
  • Bushmeat Demand: Certain species are traded for food sources, including monkeys, primates (in Africa), tigers, and pangolins (in China).

Way Forward

  • Investment: Greater investments are required in law enforcement and wildlife forensics.
  • Legislative Changes: Anti-money laundering laws should be applied to crimes linked to illegal wildlife trade.
  • Community Collaboration: Collaborative efforts are needed to curb poaching activities.
  • Higher Protection: Forest rangers should be empowered with stronger rights to act against poachers.
    • Example: Assam forest rangers are authorized to kill poachers in protected areas.
  • Border Security: Borders, often the most common trafficking routes, must be well-patrolled to prevent cross-border smuggling.
  • Airport and Port Security: Using trained sniffer dogs has proven effective in detecting shipments with live animals.
  • Bilateral Collaboration: Countries involved in wildlife trade should cooperate and converge efforts to stop it.

 

Indian Government Initiatives

  1. The Wildlife (Protection) Act, 1972: Trade in over 1800 species of wild animals, plants, and their derivatives is prohibited.
    • Regulation and Control of Trade: The Act provides authorities to administer and implement regulations for hunting and wildlife trade.
    • Wildlife (Protection) Amendment Act, 2002: Deals with the forfeiture of property derived from illegal hunting and trade.
  2. Wildlife Crime Control Bureau: A statutory body established under the Wildlife Amendment Act, 2006.
  3. IPC (Indian Penal Code), 1860: Sections 428 and 429 criminalize killing, poaching, maiming, poisoning, or torturing animals as cognizable offenses.
  4. The Third Wildlife Action Plan (2017-2031): Addresses challenges arising from climate change impacts on wildlife. Focuses on integrating mitigation and adaptation measures into wildlife management plans.

 

International Collaborations

  1. CITES: India has been a member since 1976. Aims to ban trade in endangered species and regulate commercially exploited species.
  2. TRAFFIC India: Engages in wildlife trade-related issues across India and South Asia.
  3. WWF India: Provides advice to the government and runs campaigns to conserve species diversity.
  4. Interpol: The Wildlife Enforcement Team helps disrupt transnational criminal networks involved in wildlife trafficking.


In light of the pandemic, there is a recognized link between zoonotic diseases and wildlife trade, emphasizing the importance of species conservation as a starting point for environmental conservation.

 

HUMAN-ANIMAL CONFLICT


Human-wildlife conflict (HWC) refers to negative interactions between humans and wild animals, leading to undesirable consequences for people, wildlife, and their habitats.

Data

  1. Elephant Deaths: Approximately 500 human deaths and over 100 elephant deaths occur annually due to human-elephant conflict.
  2. Agricultural Loss: Wild herbivores damage 15-50% of standing crops, affecting 50-75% of total agricultural areas.
  3. Poaching: Over 1,000 tigers have been poached in the last two decades.
  4. Roadkill: Over 650 cases of roadkill have been reported in the last five years.

Reasons for Rising Conflict

  1. Habitat Loss: Only 5% of India’s geographical area is under protected zones, which is insufficient for providing full-fledged habitats for wildlife.
  2. Overpopulation: Urban overpopulation has reduced the buffer zones between humans and wildlife, increasing conflicts.
    • Example: Leopards entering villages in Gurgaon and Pune.
  1. Infrastructure: Increasing infrastructure development, such as highway and railway widening, has disturbed wildlife.
  2. Disasters: Disasters like floods and droughts push animals into human habitations in search of food and water, leading to conflicts.
  3. Forest-Based Livelihoods: Increased disturbance due to the collection of resources like fuelwood, fodder, and non-timber forest products (NTFPs).
    • Example: Fishermen of the Sundarbans face increased tiger attacks when venturing into forests.
  4. Wildlife Trade: Illegal wildlife trade results in more humans and animals being killed due to increased interactions.
  5. Reduced Prey Base: Predators like tigers and leopards stray into human settlements due to the reduced availability of prey species.
  6. Land Use Transformation: Encroachment on forested land for agricultural and horticultural development worsens habitat loss.
  7. Road Kills: Fragmented forests and roads running through protected areas are a serious threat to wildlife. Many animals are killed daily by speeding vehicles.
    • Example: Highways running through national parks and protected forests.

 

Impact of Human-Animal Conflict

  1. For Humans
  • Crop Losses: Wild animals stray into agricultural fields, destroying standing crops and causing financial losses.
  • Infrastructure Damage: Elephants destroy forest watchtowers and village homes.
  • Train Collisions: Collisions with animals cause railway damage, broken tracks, and damaged engines.
  • Loss of Livelihood: Survivors of animal attacks often suffer disabilities, leading to loss of livelihood.
  • Rise in Killings: Animals are often killed as acts of revenge or to prevent future attacks.
  1. For Animals
  • Death or Injury: Animals suffer injuries or are killed in retaliation, such as lynchings or accidents.
    • Example: In 2020, an elephant was killed due to fireworks ingestion.
  • Loss of Habitat: Rising conflicts drive animals away from their natural habitats, worsening survival challenges.

 

Way Forward

  • Land Use Planning: Ensure adequate space for both humans and wildlife by creating buffer zones.
  • Community-Based Natural Management: Empower local communities to manage relationships with wildlife, turning “unwanted” animals into allies for income generation.
  • Victim Compensation: Provide compensation or insurance for damage caused by animal interactions.
    • Example: Compensation for tiger attack victims or farmers affected by crop loss.
  • Culling Invasive Species: Control and trap species with high population densities.
    • Example: Rhesus macaques in Himachal Pradesh, declared as vermin, were trapped due to crop damage.
  • Fencing: Install barriers to restrict animals from entering human habitations.
    • Example: Nylon fencing in the Sundarbans prevents tigers from swimming to inhabited islands.
  • Translocation: Relocate high-density herbivores with predators to maintain ecological balance.
  • Environmental Impact Assessment: Ensure infrastructure development does not disturb wildlife in core regions.
  • Restricting Transport in High Animal Density Areas: Prevents roadkills and car accidents due to oncoming animal traffic.
    • Example: Bandipur National Park shuts down traffic at night.
  • Buzzer and Alarms: Devices near tracks emit a “buzzing” sound mimicking bees, which naturally repel elephants. Example: Plan BEE, a strategy by the Northeast Frontier Railway (NFR), reduces elephant accidents on tracks.
  • Awareness Programs: Educating locals about dos and don’ts to minimize human-wildlife conflicts.
  • Technology: Use of tools like radio collars with Very High Frequency (VHF), GPS, and satellite uplink facilities to monitor wildlife and reduce conflicts.

Government Initiatives

  1. Advisory for the Management of Human-Wildlife Conflict:
    • Empower Gram Panchayats: Equip local governing bodies to handle problematic wildlife.
    • Preventive Measures: Early warning systems, barriers, dedicated control rooms, and toll-free hotline numbers.
    • Provide Instant Relief: Ex-gratia payments within 24 hours of incidents to affected families.
    • Crop Insurance: Include damage due to wildlife in PM Fasal Bima Yojana.
  2. Declaring Certain Species as Vermin: In 2016, species like wild boars, nilgai, and rhesus monkeys were declared vermin to reduce agricultural damage.
  3. National Wildlife Action Plan (2002-2016): Focused on wildlife protection in multiple-use areas (farms, wetlands, coastal habitats) and re-establishing natural corridors.
  4. Eco Bridges: Wildlife corridors connecting larger habitats to ensure safe passage for animals.
    • Example: Introduced in Tadoba-Andhari and Uttarakhand.
  5. Plan BEE: Use of buzzers to keep elephants away from railway tracks by mimicking the sound of bees.
  6. Permanent Authority: A coordination committee between the Ministry of Railways and the Ministry of Environment to prevent elephant deaths on tracks.
  7. Artificial Intelligence: Exploring the use of image processing and AI-based early warning systems to detect elephant movements via cameras.

Central and state governments need to collaborate for better preservation strategies, with active participation from local communities living in proximity to wildlife reserves.

CHEETAH RE-INTRODUCTION PROGRAMME

The Union Environment Ministry announced that India plans to bring cheetahs from South Africa to Madhya Pradesh’s Kuno-Palpur National Park by August.

Proposed Sites

  1. Kuno: Offers the prospect of housing four big cats of India—tiger, lion, leopard, and cheetah—allowing them to coexist as they did in the past.
  2. Other Recommended Sites for Cheetah Conservation in India (Controlled Wild Conditions):
    • Nauradehi Wildlife Sanctuary: 1,197 sq. km habitat, 5,500 sq. km, Madhya Pradesh.
    • Gandhi Sagar Wildlife Sanctuary: Bhainsrorgarh Wildlife Sanctuary complex (~2,500 sq. km), Madhya Pradesh.
    • Shahgarh Bulge: Located in Jaisalmer, Rajasthan (4,220 sq. km).
    • Mukundara Tiger Reserve: Fenced enclosure (~80 sq. km), Rajasthan.

 

Advantages

  1. Environmental Benefits
  • Wildlife Conservation: Saving cheetahs also protects their prey base and other endangered species in grasslands and open forest ecosystems, which are at risk of extinction.
  • Additional Habitat: Reintroducing cheetahs relieves species pressure by creating additional habitats that are essential for survival.
  • Genetic Diversity: Boosts India’s wildlife gene pool by introducing cheetahs.
  • Cheetah Conservation: Helps extend the range of cheetahs in protected Indian landscapes, contributing to global conservation efforts.

 

  1. Other Benefits
  • Tourism: Improves local community living conditions and livelihoods through ecotourism opportunities.

 

Concerns/Reasons for Extinction

  1. Anthropogenic Reasons
  • British Policy: British officials labeled cheetahs as “vermin” and provided monetary rewards for their killing, starting in 1871.
  • Hunting: Indian princely states hunted cheetahs extensively, importing them from Africa when local populations declined.
    • Fact: The last three cheetahs in India were shot by Maharaja Ramanuj Pratap Singh Deo of Korea, Madhya Pradesh, in 1947.
  • Climate Change: The impacts of climate change have contributed to habitat degradation.
  • Overpopulation: Human encroachment on forests has resulted in habitat loss.
  • Man-Animal Conflicts: Farmers often trap or shoot cheetahs to defend their resources, especially since cheetahs hunt during the day and are easily spotted.
  • Monetary Profit: Illegal trade in cheetah skins, which fetch high prices, contributes to their persecution.
  1. Natural Reasons
  • Co-Habitation: Presence of tigers in nearby areas can lead to territorial conflicts with cheetahs.
  • Prey Base: Co-habitation with predators like wolves, jackals, and hyenas can reduce the availability of prey for cheetahs.

 

Way Forward

  1. Increasing Prey Base: Introducing captive-bred prey can compensate for the loss of prey caused by the cheetah’s reintroduction.
  2. Community Development: Empower local communities to curb poaching and wildlife crimes.
  3. Capacity Building: Regular training for forest officials, veterinarians, and cheetah tracking teams to manage released cheetahs and other carnivores effectively.
  4. Rehabilitation of Villages: Kuno is a unique wildlife site where complete relocation of villages inside the park has been accomplished. It also offers the potential for the coexistence of India’s four big cats—tiger, lion, leopard, and cheetah.

 

THE BIOLOGICAL DIVERSITY (AMENDMENT) BILL, 2021

The Bill was developed to amend certain provisions of the Biological Diversity Act (2002). India was one of the earliest countries to have biodiversity legislation. The main purpose of enacting the Biodiversity Act was to ensure the legal implementation of the Convention on Biological Diversity (CBD) provisions.

Purpose:

  • Developed to amend provisions of the Biological Diversity Act (2002).
  • Ensures legal implementation of the Convention on Biological Diversity (CBD) provisions.

 

Highlights of the Bill

  • Simplified: Simplifies compliance requirements for domestic companies.
  • Rights to Traditional Users: Exempts users of codified traditional knowledge and AYUSH practitioners from sharing benefits with local communities.
  • Research Exemptions: Removes research and bio-survey activities from benefit-sharing requirements.
  • Benefit Sharing: Terms will be agreed upon between the user and local management committees, represented by the National Authority.
  • Decriminalizes Offenses: Decriminalizes all offenses under the Act.

 

Advantages

  1. Increased FDI: Improves foreign direct investment in India’s traditional medical economy.
  2. Boost to AYUSH: Allows AYUSH practitioners and companies to continue medicinal product development without requiring permissions from the National Biodiversity Authority.
  3. Reduce Pressure on Wild Plants: Encourages cultivation and ex-situ conservation of medicinal plants, reducing reliance on wild plants.
  4. Research: Facilitates faster patent applications and research transfer using India’s biological resources.
  5. Ecological Protection: Umbrella legislation that protects natural resources, flora, fauna, and traditional knowledge.

 

Concerns/Issues with the Biological Diversity (Amendment) Bill, 2021

  1. Ambiguous Language: The Bill exempts users of “codified traditional knowledge” from the benefit-sharing requirement but does not define “codified traditional knowledge,” leading to interpretive issues.
  2. Lack of Local Participation: The Bill removes the direct role of local bodies, limiting their involvement in determining mutually agreed terms.
  3. Issues with Prior Consent: The Bill does not provide a mechanism for obtaining prior informed consent from local and indigenous communities, which may conflict with the Nagoya Protocol.
  4. Decriminalization of Offenses: Previously, offenses were punishable by imprisonment or fines. The Bill decriminalizes them and makes penalties less stringent, which might reduce its deterrent effect.
  5. Issues for Adjudication: The Bill offers no guidance for adjudicating officers on how to assess penalties or distinguish offenses based on severity.
    • Example: It does not differentiate offenses involving traditional knowledge from those involving biological resources.
  6. Removal of Bio-Utilization: The Bill removes “bio-utilization” from the definition of “Bio-Survey and Bio-Utilization,” potentially weakening safeguards.
  7. Loopholes for Biopiracy: AYUSH manufacturing companies would no longer require approvals, increasing risks of resource exploitation.
  8. De-Licensing: Large companies could evade the requirement for prior approval or avoid sharing benefits with local communities.
  9. Inconsistencies in Definitions: The Bill defines a “foreign-controlled company” inconsistently with Section 2(42) of the Companies Act, 2013.
  10. Marginalizing Biodiversity Management Committees (BMCs): Proposed amendments limit the role of state biodiversity boards in representing BMCs, reducing their ability to influence benefit-sharing.
  11. Conflict with NGT: The Bill introduces a 60-day limitation for filing appeals, conflicting with the National Green Tribunal Act (2010), which allows a 90-day limit.

 

Way Forward

  1. Properly Defining Terms: Use the World Intellectual Property Organization (WIPO) definitions for traditional knowledge to clarify exemptions.
  2. Indigenous Participation: Introduce norms for obtaining prior informed consent from local and indigenous communities.
  3. Integration of International Treaties: Align with international frameworks, such as the Nagoya Protocol, to avoid isolation in global biodiversity governance.
  4. People’s Biodiversity Register (PBR): PBR should document local knowledge, resource usage, and drivers of change, ensuring that resources are managed inclusively.
  5. Inter-Connectedness: Acknowledge biodiversity conservation’s links to global issues like climate change, food security, and public health.
  6. Harmonizing Provisions:  Ensure consistency across all biodiversity-related provisions to strengthen legal and regulatory frameworks.

 

ENVIRONMENTAL IMPACT ASSESSMENT (EIA)

Environmental Impact Assessment (EIA) evaluates the environmental and social outcomes of a plan or program before implementation. It ensures that the benefits outweigh the damage or costs.

 

Objectives

  • Sustainability: Promote environmentally sound development by identifying alternatives and mitigation measures.
  • Informative: Provide data to inform decision-making about environmental impacts.
  • Impact Assessment: Predict and evaluate the economic, ecological, and social impacts of development activities.

 

Process

  1. Screening: Determines if the proposed project requires an EIA and the level of assessment needed.
  2. Scoping: Defines the boundary and timeline for analyzing the key impacts and benefits of the project.
  3. Impact Analysis: Predicts and evaluates the environmental and social impacts of the project.
  4. Mitigation: Suggests measures to reduce and prevent adverse environmental impacts.
  5. Reporting: Presents findings in a report for decision-makers and stakeholders.
  6. Review of EIA: Examines the accuracy and effectiveness of the EIA report to assist in decision-making.
  7. Decision: Decides the outcome—approval, rejection, or required modifications.
  8. Post-Monitoring: Ensures that the project complies with legal standards after implementation.

 

Importance/Need

  1. Environmental Importance
  • Sustainable Development: Ensures that economic benefits are sustainable for ecology and the environment.
  • Maintenance of Biodiversity: Protects species from harm due to human activities.
  • Ecosystem Services: Prevents disruptions to natural systems like soil fertility and river flows.
    • Example: Deforestation in mountains can lead to landslides.
  • Disaster Management: Prevents projects from causing or worsening disasters.
  1. Economic Importance
  • Cost Saving: Helps identify measures to reduce project costs.
  • Natural Resources: Promotes effective usage and conservation of natural resources.
  • Just Use of Ecology: Prevents resource misuse during project implementation.
  1. Social Importance
  • Displacement: Evaluates whether the project would displace native populations in the region.
  • Loss of Livelihood: Evaluates the potential loss of livelihood caused by the project.
  • Social Costs: Highlights the social costs and proposed benefits expected from the project once implemented.
  • Public Hearings: Ensures the process is democratic by considering input from all stakeholders.

 

Draft EIA Notification 2020

  • Public Consultation: Reduces the time for public response from 30 days to 20 days.
  • Post Facto Approval: Allows projects operating in violation of the Environment Act to apply for clearance.
  • Exemptions: Exempts most building construction projects (built-up area up to 1,50,000 sq. m), inland waterways projects, and highway expansion/widening from EIA requirements.
  • Compliance Report: Changes the submission frequency of compliance reports from every six months to once a year.
  • Strategic Projects: Strategic projects are classified as beyond the purview of the EIA.

 

Issues/Challenges with EIA

  1. Exemptions: Significant environmental-impacting projects are exempted due to low cost or exclusion from Schedule I.
  2. Data Compilation Issues: Challenges in collecting sufficient data to predict or evaluate environmental effects.
  3. Non-Expert Oversight: EIA teams often lack experts or environmentalists, reducing report accuracy.
  4. Quality of Reports: Concerns over poor-quality EIA reports affecting the clearance process.
  5. Public Hearings: Exempting projects from public hearings excludes community voices.
  6. Draft EIA Guidelines 2020: Reduces EIA scope for certain projects and shortens consultation periods.
  7. Control of Results: Final project decisions are often made by project proponents, raising conflict of interest concerns.
  8. Time Constraints: Insufficient time and resources limit effective EIA data collection.
  9. Non-Institutionalized Process: Lack of independent institutions to oversee EIA implementation and monitoring.
  10. Public Awareness: Public remains uninformed about the project’s benefits and specifics.

 

Issues with the Draft Notification

  1. Increased Exemptions: Greater EIA exemptions for strategic and infrastructure projects could lead to significant environmental harm.
  2. Public Participation: Shortening consultation periods from 30 days to 20 days reduces public input.
  3. Clearing Unapproved Projects: Projects operating without prior clearances may be regularized or allowed to apply retroactively.
  4. Reduced Report Submissions: Changing reporting frequency from six months to one year risks hiding adverse project impacts.

 

Comparison of EIA in Developed and Developing Nations

Aspect EIA in Developed Countries EIA in Developing Countries (India)
Stakeholder Participation Active involvement of all participants, including authorities, government agencies, and affected people at early stages. Limited involvement of public and government agencies in the initial phases.
Approach and Coverage Integrated approach, considering all aspects, including social and health impacts. No provision for landscape and visual impacts in Indian EIA regulations.
Alternatives Proper consideration of alternatives in EIA processes. Consideration of alternatives is largely absent.
Decision Makers Multi-disciplinary approach involving experts from various fields. Lack of trained EIA professionals results in inadequate and irrelevant reports.

 

Way Forward

  • Integration: Integrate the science of environmental analysis with the politics of resource management.
  • Cumulative Environmental Impact Assessments: Adopt a methodological approach to address environmental issues on a large spatio-temporal scale.
  • Expert Committees: EIA panels should include experts, environmentalists, and citizen activists engaged in social work.
  • Conservation-Based Approach: Shift focus from merely preventing damage to actively conserving and protecting the environment.
  • Clearance Withdrawals: Withdraw EIA clearance if a project violates any principles of the EIA.
  • Regulatory Body: Establish a dedicated body to hear grievances and allot responsibilities for EIA processes.
  • Political Will: Greater political will is necessary to enforce EIA norms, especially for projects impacting the environment and communities.

 

Stronger laws are needed to protect the environment and ensure natural resources are available for the poorest communities, including Adivasis and peasants. Since many livelihoods depend on the state of the environment, drastic changes to the EIA framework can have direct impacts on both living and working conditions, as well as on ecological balance.

 

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