Government legislation in India to protect natural habitat

1. Government
Legislation in
India to protect
natural habitats
Group:1
Article 51-A (g), says that “It shall be
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.”

2. Introduction
o Wildlife is one of the most important biotic elements of the
environment, it refers to those plants and animal species that
live and grow in areas uninhabited by humans.
o It includes all non-domesticated animals, plants many other
organisms, and fungi. Wildlife in India is precious a gift of
nature, it is regarded as one of the richest biodiversity in the
world, the wildlife in our country has a wide variety of species
of plants and animals to protect and preserve these species
o India has set up around 104 national parks,18 bio reserves and
more than 515 sanctuaries.

3. Contents
✔ Legal Framework for Wildlife
Conservation in India
✔ Environmental Laws in India
✔ Some other laws
✔ Invasive alien species

4. Legal Framework for Wildlife Conservation
in India
◈ 1. The Wildlife (Protection) Act, 1972 (Last amended in 2006)
◈ 2. The Forest Conservation Act (1980)
◈ 3. The Biological Diversity Act (2002)
◈ 4. National Wildlife Action Plan (2002-2016)
◈ 5. National Forest Policy (1998)
◈ 6. Compensatory Afforestation Fund Act, 2016

6. The Wildlife (Protection) Act, 1972 (Last amended in 2006)
◈ The Wildlife Protection Act, 1972 is an Act of the parliament of India enacted
for protection of plants and animal species It extends to the whole of India,
except the State of Jammu and Kashmir which has its own wildlife act. It has
six schedules which give varying degrees of Protection
◈ OBJECTIVES
◈ Prohibition on hunting of specified wild animals birds and plants.
◈ Setting up and management of national parks and wildlife sanctuaries.
◈ Control of trade and commerce in wildlife and wildlife products.

7. Definitions under the act {section 2}
◈ ‘Animal’ include amphibians ,birds ,mammals , and reptiles along with their
young one . And it also include in cases of birds and reptile their eggs.
◈ ‘animal article’ means an article made from any captive or wild animal ,other
than vermin and also include an article or object in which the whole or any
part of animal has been used.
◈ ‘hunting’ includes:- a)capturing ,poisoning ,killing or trapping any wild
animal and every attempt to do so. b)driving any wild animal for any of the
purposes specified in sub clauses. c)injuring, destroying ,or taking any body
part of any such animal ,or in case of wild

8. ◈ ‘taxidermy’ means the curing , preparation or preservation of trophies.
◈ ‘vermin’ means any wild animal specified in schedule v. Hunting of wild
animals Act prohibits hunting of wild animals. No person shall hunt any wild
animal as specified in the schedules wildlife sanctuary
◈ A animal sanctuary is a facility where animals are brought to live and to be
protected for rest of their life

9. ◈National park
◈ A national park is a park in use for
conservation purposes. Often it is a reserve
of natural, semi- natural, or developed land
that a sovereign state declares or owns.
◈Penalties
◈ penalties are prescribed in section 51.
◈ charge sheets can be filed directly by
forest department

10. WILDLIFE PROTECTION ACT, 1972
◈ The Indian Parliament enacted the Wildlife Protection Act in 1972, which
provides for the safeguarding and protection of the country’s wild animals,
birds, and plant species, in order to ensure environmental and ecological
security. Among other things, the Act lays down restrictions on hunting many
animal species.

13. The Biological Diversity Act (2002)
◈ The Biological Diversity Act, 2002 was born out of India’s attempt to realise
the objectives enshrined in the United Nations Convention on Biological
Diversity (CBD) 1992 which recognizes the sovereign rights of states to use
their own Biological Resources.
◈ it aims at the conservation of biological resources, managing its sustainable use
and enabling fair and equitable sharing benefits arising out of the use and
knowledge of biological resources with the local communities.

14. ◈ The act envisaged a three-tier structure to regulate access
to biological resources:
◈ The National Biodiversity Authority (NBA)
◈ The State Biodiversity Boards (SBBs)
◈ The Biodiversity Management Committees (BMCs) (at local level)
The Act provides these authorities with special funds and a separate budget in
order to carry out any research project dealing with the biological natural
resources of the country.

15. National Wildlife Action Plan (2002-2016)
◈ The first National Wildlife Action Plan (NWAP) was adopted in 1983, based upon the
decision taken in the XV meeting of the Indian Board for Wildlife held in 1982.
◈ The plan outlined the strategies and action points for wildlife conservation which are
still relevant. In the meanwhile, however, some problems have become more acute and
new concerns have become apparent, requiring a change in priorities.
◈ Increased commercial use of natural resources, continued growth of human and
livestock populations and changes in consumption patterns are causing greater
demographic impacts. Biodiversity conservation has thus become a focus of interest.
The National Forest Policy was also formulated in 1988, giving primacy to
conservation. Hence this new National Wildlife Action Plan.

16. ❑ Third National Wildlife Action Plan (2017-2031)
A 12-member committee led by JC Kala, a former MoEFCC
secretary, drafted the Third Wildlife Action Plan.The plan
includes detailed recommendations for implementation in
protected areas.
❑ The third National Wildlife Action Plan is noteworthy in
that it is the first time India has acknowledged the
concerns about climate change's impact on wildlife and
emphasised the importance of including activities needed
for mitigation and adaptation into wildlife management
planning procedures.
❑ The Action Plan emphasises the necessity of integrated
coastal and marine ecosystem management in India.
❑ The Action Plan includes 103 conservation activities and
250 initiatives organised around five themes.
❑ Along with the Third National Wildlife Action Plan, Dr.
Harsh Vardhan, then Union Minister of Environment,
Forests, and Climate Change, introduced the India
Wildlife Mobile App to commemorate the anniversary.

17. The National Forest Policy, 1988
◈ The National Forest Policy, 1988, (NFP) is primarily concerned with the sustainable use and
conservation of forests, and further strengthens the Forest Conservation Act (1980).
◈ It marked a significant departure from earlier forest policies, which gave primacy to meeting
government interests and industrial requirements for forest products at the expense of local
subsistence requirements.
◈ The NFP prioritizes the maintenance of ecological balance through the conservation of biological
diversity, soil and water management, increase of tree cover, efficient use of forest produce,
substitution of wood, and ensuring peoples’ involvement in achieving these objectives.
◈ It also includes meeting the natural resource requirements of rural communities as a major objective.
The NFP legitimizes the customary rights and concessions of communities living in and around
forests, stating that the domestic requirements of the rural poor should take precedence over
industrial and commercial demands for forest products.

18. Compensatory Afforestation Fund Act,
2016
◈ CAMPA Act or Compensatory Afforestation Fund Act is an Indian
legislation that seeks to provide an appropriate institutional mechanism, both
at the Centre and in each State and Union Territory, to ensure quick
utilization in efficient and transparent manner of amounts released in place of
forest land diverted for non-forest purpose which would mitigate impact of
diversion of such forest land.

20. Union Minister of Environment, Forest and Climate Change Bhupender Yadav will lead
the Indian delegation to attend the 27th Session of the Conference of Parties of the
UNFCCC (COP 27) scheduled to be held at Sharm El-Sheikh, Egypt from November 6 to
18.
India is fully engaged with the process and is supportive of the efforts by Egypt
government for substantive outcomes at COP 27.
In the 56th Session of the Subsidiary Bodies held in June 2022 in Bonn, developing
countries made it clear that UNFCCC (United Nations Framework Convention on
Climate Change) is the centre of the collective and multilateral response to the issue of
climate change.

21. Environmental Laws and Acts in India
◈ 1. The Environment (Protection) Act, 1986
◈ 2. The National Green Tribunal Act, 2010
◈ 3. The Water (Prevention and Control of Pollution) Act, 1974
◈ 4. The Air (prevention and control of pollution) act, 1981
◈ 5. The ozone-depleting substances (regulation and control) rules, 2000
◈ 6. The energy conservation act, 2001
◈ 7. Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of
Forest Rights) Act, 2006 (FRA)

22. 1. The Environment (Protection) Act, 1986
◈ The Environment (Protection) Act was enacted in 1986 with the objective of providing
for the protection and improvement of the environment. It empowers the Central
Government to establish authorities charged with the mandate of preventing
environmental pollution in all its forms and to tackle specific environmental problems
that are peculiar to different parts of the country. The Act was last amended in 1991.
◈ This amendment also added new Directive Principles of State Policy, one of which
was Article 48A, which directed the State to protect and improve the environment
and to safeguard forests and wildlife
◈ The objective of EPA is to protect and improve the environment and environmental
conditions. It also implements the decisions made at the UN Conference on Human
Environment that was held in Stockholm in the year 1972. To take strict actions
against all those who harm the environment.

23. 2. National Green Tribunal (NGT)
◈ National Green Tribunal (NGT) was established on 18th October 2010 under
the NGT Act of 2010 as a specialized body for handling any environmental
disputes that involve multi-disciplinary issues. It was formed by replacing the
National Environment Appellate Authority.
◈ It also draws inspiration from Article 21 of the India Constitution which
assures to provide a healthy environment to the citizens of India.
◈ India has become the third country in the world after Australia and New
Zealand, for setting up a specialized environmental tribunal and also the first
developing country to do so. The National Green Tribunal has a total of five
places of sittings namely: Bhopal, Pune, New Delhi, Kolkata, and Chennai,
amongst which, New Delhi is the Principal place of sitting.

24. 2. National Green Tribunal (NGT)
◈ Some of the major powers of the National Green Tribunal include:
1. NGT provides a way for the evolution of environmental jurisprudence through the
development of an alternative dispute resolution mechanism.
2. It helps in the reduction of the litigation burden on environmental matters in the
higher courts.
3. NGT provides a faster solution for various environment-related disputes that are less
formal and less expensive.
4. It curbs environment-damaging activities. NGT ensures the strict observation of the
Environment Impact Assessment (EIA) process.
5. NGT provides reliefs and compensations for any damages caused to persons and
properties.
6. The National Green Tribunal resolves various civil cases under the following seven
laws that are related to the environment:

25. 3. The Water (Prevention and Control of Pollution)
◈ The Water (Prevention and Control of Pollution) Act was enacted in 1974 to
provide for the prevention and control of water pollution, and for the
maintaining or restoring of wholesomeness of water in the country. The Act
was amended in 1988.
◈ The Act was enacted in 1977, to provide for the levy and collection of a cess on
water consumed by persons operating and carrying on certain types of
industrial activities.
◈ This cess is collected with a view to augment the resources of the Central
Board and the State Boards for the prevention and control of water pollution
constituted under the Water (Prevention and Control of Pollution) Act, 1974.
The Act was last amended in 2003.

26. 4. The Air (prevention and control of pollution) act, 1981
◈ The Air (Prevention and Control of Pollution) Act of 1981, or the Air Act, in
short, was a law passed by the Parliament of India to prevent and control the
harmful effects of air pollution in India. This act is seen as the first concrete
step taken by the government of India to combat air pollution.
◈ The effects of climate change caused by all forms of pollution became all too
apparent in the early 1970s. To mitigate their harmful effects it was believed
that nations would need to pass their own laws. Thus during the United
Nations General Assembly on Human Environment held in Stockholm in June
1972, a resolution was passed which implored the nations of the world to
preserve natural resources such as air.

27. 4. The Air (prevention and control of pollution) act, 1981
◈ India itself had issues regarding air pollution due to a wide variety of factors
such as stubble burning, improper industrial practices, environmental factors
etc. To combat these factors a special law was enacted under the Constitution
of India, which was the Air (Prevention and Control of Pollution) Act of 1981.
◈ Section 2(a) of the act defines an ‘air pollutants’ as any solid liquid or gaseous
substance which may cause harm or damage the environment, humans, plants,
animals or even damage property. A 1987 amendment to the act also added
‘noise’ in the list of harmful substances.
◈ The air act defines ‘air pollution’ as the presence of any dangerous pollutant
that makes the air unbreathable

28. 5. The ozone-depleting substances (regulation and control) rules, 2000.
◈ Ozone Depleting Substances (Regulation)
Rules, 2000 were published, under the
notification of the Government of India in the
Ministry of Environment and Forests number ,
dated, the 25th January, 2000.
◈ This consisted of several rules that are to be
followed with the use and sale of ozone
depleting substances and if any citizen of India
fails to adhere to these rules, the government
have all the right to take legal actions against
these individuals or institutions.

29. 5. The ozone-depleting substances (regulation and control) rules, 2000.
Some of the Ozone Depleting Substances are:
1. chlorofluorocarbons (CFCs)
2. hydrochlorofluorocarbons (HCFCs)
3. hydrobromoflurocarbons (HBFCs)
4. halons.
5. methyl bromide.
6. carbon tetrachloride.
7. methyl chloroform.

30. 6. The energy conservation act, 2001
◈ The Energy Conservation Act, 2001 was enacted to provide for efficient use of
energy and its conservation and for matters connected therewith. This act
provides for the establishment and incorporation of the Bureau of Energy
Efficiency (BEE).
◈ BEE is responsible for the implementation of policies and programmes related
to energy.
◈ It also coordinates the implementation of energy conservation activities.

31. 6. The energy conservation act, 2001
The mission of the Bureau is:
◈ To institutionalise energy efficiency services,
◈ To enable delivery mechanisms in the country
◈ To provide leadership to energy efficiency in all sectors of the economy
◈ To assist in developing policies and strategies with a thrust on self-regulation
and market principles, within the overall framework of the Energy
Conservation Act, 2001 (Amendment Act, 2010).
◈ Its primary objective is to reduce energy intensity in the Indian economy.

32. 7. Scheduled Tribes and Other Traditional Forest Dwellers (Recognition
of Forest Rights) Act, 2006 (FRA)
◈ The Forest Rights Act, India or the Scheduled Tribes and Other Traditional Forest
Dwellers (Recognition of Forest Rights) Act is also known by other names like the
Tribal Rights Act or the Tribal Land Act.
◈ It deals with the rights of the communities that dwell in the forests (including
Scheduled Tribes), over land and other resources, which have been denied to them over
the years because of the continuation of forest laws from the colonial era in the country.
◈ In December 2006, the Forest Rights Act was passed which accords legal recognition to
the rights of traditional forest-dwelling communities and partially corrects the injustice
caused by colonial-era forest laws. The earlier policies and acts – such as previous Forest
Acts 1865, 1894, 1927 prevented the local communities from using the resources.

33. 7. Scheduled Tribes and Other Traditional Forest Dwellers (Recognition
of Forest Rights) Act, 2006 (FRA)
◈ “Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation
and Resettlement Act, 2013” (RFCTLARR Act, 2013) safeguards against displacement
of Scheduled Tribes.
◈ The purpose of this Act is to ensure that a humane, participative, informed and
transparent process for land acquisition with the least disturbance to the owners of
the land and the other affected families and provide them with just and fair
compensation whose land has been acquired or proposed to be acquired in
consultation with institutions of local self-government and Gram Sabhas established
under the Constitution.
◈ FRA also recognizes and vests the forest rights and occupation in forest land in forest-
dwelling Scheduled Tribes and other traditional forest dwellers who have been
residing in such forests for generations but whose right could not be recorded.

34. Some other laws
◈ Wetland (Conservation and Management) Rules 2010 have been framed for
the protection of wetlands, in the States.
◈ 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.
◈ Scheme ‘Integrated Development of Wildlife Habitats‘ has been modified by
including a new component namely ‘Recovery of Endangered Species
◈ National Policy and macro-level action strategy on Biodiversity.

35. Invasive Alien Species
◈ The Convention on Biological Diversity defines IAS as species whose
introduction and/or spread outside their natural past or present distribution
threatens biological diversity.
◈ A Draft National Wetland Strategy has been developed with a clear focus on
the control of invasive species. Also, several initiatives have been undertaken
under the Convention of Biological Diversity to control the proliferation of
invasive species in wetlands and other aquatic bodies.
◈ Management Action Plans (MAP) have been formulated for 30 out of 66
wetlands identified for conservation and sustainable use. These MAPs have a
focus on biodiversity conservation and restoration of ecosystem processes and
functions. One of the activities carried out in association with these plans is
the control of alien invasive species.

36. Invasive Alien Species
◈ The threat of invasive pest species gaining entry into India (imported
plant/planting material) is addressed under The Plant Quarantine (Regulation
of Import into India) Order, 2003.
◈ The Ministry of Environment, Forests & Climate Change issues approval
along with quarantine certificates for the export of wild animals and articles
under the Wildlife (Protection) Act 1972.
◈ The Destructive Insects and Pests Act 1914 aims to prevent introductions into
India, and the transport from one province to another, of any fungus or other
pests which is, or may be destructive to crops

37. Conclusion
India is regarded as the richest country in terms of biodiversity, hence there is a
need to protect this rich resource and to maintain a balanced environment.
Wildlife protection and conservation is a huge task in India with the growing
concern of illegal trade and exploitation of wildlife resources. Though the laws
about the protection of wildlife and their natural habitat provide for the strict
legal provisions for the wildlife and protection and conservation, it is still
observed that the ground reality is not the same.

38. References
1. https://www.conservationindia.org/resources/the-legal-framework-for-
wildlife-conservation-in-india-2
2. https://economictimes.indiatimes.com/news/economy/policy/india-
unveils-third-national-wildlife-action-plan-for-2017-
2031/articleshow/60913019.cms
3. https://advocatespedia.com/Legal_aspects_of_Wildlife_Conservation_in_Ind
ia
4. https://www.traffic.org/site/assets/files/6284/handbook-wildlife-law-
enforcement-india.pdf
5. https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2437317
6. https://byjus.com/free-ias-prep/alien-invasive-species-upsc-notes/