India Acts Related to Biodiversity Conservation

India, known for its rich and diverse biological resources, has enacted several legislative measures to conserve biodiversity and ensure the sustainable use of natural resources. These laws align with both national priorities and international commitments, particularly following India’s ratification of the Convention on Biological Diversity (CBD) in 1994. The legal framework governing biodiversity conservation in India aims to protect ecosystems, preserve species, and promote equitable sharing of benefits arising from biological resources.

Background and Context

India is recognised as one of the megadiverse countries of the world, harbouring nearly 7–8% of global biodiversity. With its vast range of ecosystems—from the Himalayas to coastal mangroves—it faces challenges such as deforestation, habitat loss, overexploitation, and climate change. Recognising these threats, India has developed a series of legislative measures to manage and conserve its biological wealth.
The primary objectives of these acts include:

• Protection and conservation of species, habitats, and ecosystems.
• Regulation of access to biological resources and associated traditional knowledge.
• Prevention of biopiracy and unauthorised use of indigenous genetic resources.
• Promotion of sustainable development while maintaining ecological balance.

The Biological Diversity Act, 2002

The Biological Diversity Act, 2002 is the cornerstone legislation for biodiversity conservation in India. It was enacted to implement the provisions of the Convention on Biological Diversity (1992) and came into force in 2003.
Key features:

• Establishes a three-tier structure for conservation and management:
  • National Biodiversity Authority (NBA) – at the national level, to regulate access to biological resources and advise the government on conservation policies.
  • State Biodiversity Boards (SBBs) – at the state level, to regulate sustainable use of biological resources.
  • Biodiversity Management Committees (BMCs) – at the local level, to promote documentation and conservation through People’s Biodiversity Registers (PBRs).
• Regulates access to biological resources by foreign entities and ensures equitable sharing of benefits arising from their commercial utilisation.
• Protects traditional knowledge by recognising the rights of local communities.
• Provides for the conservation of biological diversity, sustainable use, and benefit sharing through mechanisms such as Access and Benefit Sharing (ABS).

The Biological Diversity (Amendment) Act, 2023 further simplifies compliance procedures for researchers, promotes cultivation of medicinal plants, and supports the participation of local communities while maintaining safeguards against biopiracy.

The Wildlife (Protection) Act, 1972

The Wildlife (Protection) Act, 1972, one of the earliest and most significant environmental legislations in India, aims to protect wild animals, birds, and plants and ensure the ecological security of the nation.
Salient provisions:

• Establishes Wildlife Sanctuaries, National Parks, Conservation Reserves, and Community Reserves.
• Divides species into six schedules, granting varying levels of protection.
• Constitutes the National and State Boards for Wildlife to advise on policy and protection measures.
• Regulates hunting, trade, and possession of wildlife products.
• Empowers authorities to take preventive measures against poaching and illegal trade.

The Wildlife (Protection) Amendment Act, 2022 introduced stricter penalties, incorporated the regulation of exotic species, and aligned the law with the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).

The Forest (Conservation) Act, 1980

The Forest (Conservation) Act, 1980 was enacted to curb the rapid deforestation and diversion of forest land for non-forest purposes.
Key features:

• Requires prior approval from the Central Government before any forest land is diverted for non-forest use.
• Aims to prevent degradation of forest ecosystems and ensure sustainable management.
• Encourages afforestation and compensatory afforestation as a condition for diversion.
• Strengthened by the Forest (Conservation) Rules, 2023, which streamline forest clearance procedures while maintaining conservation commitments.

This Act plays a vital role in conserving biodiversity by maintaining forest cover, which forms the habitat for numerous plant and animal species.

The Environment (Protection) Act, 1986

The Environment (Protection) Act, 1986 serves as an umbrella legislation for environmental management in India. It provides the Central Government with broad powers to implement environmental policies and safeguard ecosystems.
Notable features:

• Enacted after the Bhopal Gas Tragedy (1984) to ensure comprehensive environmental protection.
• Empowers the government to set standards for emissions, pollutants, and waste management.
• Enables the declaration of eco-sensitive zones around protected areas to restrict industrial or developmental activities.
• Supports the implementation of international environmental agreements, including those related to biodiversity.

The Act has facilitated the creation of numerous conservation initiatives, such as the Eco-sensitive Zone notifications, Coastal Regulation Zone (CRZ) rules, and Environment Impact Assessment (EIA) notifications.

The Indian Forest Act, 1927

Though enacted during the colonial period, the Indian Forest Act, 1927 remains an important piece of legislation for forest management. It categorises forests into Reserved Forests, Protected Forests, and Village Forests, each with specific levels of regulation and protection.
It provides the legal basis for the control and management of forest resources, prevention of illegal logging, and conservation of biodiversity within forest ecosystems. However, the Act has often been criticised for being more regulatory than participatory.

The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006

Commonly referred to as the Forest Rights Act (FRA), 2006, this law recognises the rights of forest-dwelling communities over forest lands and resources.
Key aspects:

• Acknowledges traditional rights for habitation, cultivation, and resource collection.
• Promotes conservation by involving local communities in forest management.
• Ensures community forest resource rights and strengthens participatory governance.
• Supports biodiversity conservation through community stewardship and sustainable practices.

Other Relevant Legislation and Programmes

Several additional laws and schemes complement biodiversity conservation in India:

• The Indian Fisheries Act, 1897 – regulates fishing practices to protect aquatic biodiversity.
• The Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981 – protect aquatic and terrestrial ecosystems indirectly.
• National Green Tribunal Act, 2010 – provides a legal mechanism for addressing environmental disputes, including biodiversity issues.
• National Biodiversity Action Plan (NBAP) – adopted in 2008, it outlines strategies for conservation, sustainable use, and equitable benefit-sharing.