Tuesday, November 13, 2018

ENVIRONMENT: INTERNATIONAL CONVENTIONS 3

3 ENV
Ecology Related Legislations in India

Considering the complexity in terms of conservation of biodiversity, sustainability of the natural ecosystems and the livelihood dependence of the local communities, the government needs to address national and global issues related to carbon accumulation, biodiversity conservation, and continued flow of ecosystem services. These measures provide opportunities for strengthening documentation and data collection; empowering local communities by recognizing responsibilities, ownerships, rights, and concessions; and creating suitable institutions. The legislative provisions developed as a follow-up to such national policies are listed below:

Indian Forest Act, 1927: This Act recognises forest dwellers' rights and makes conservation more accountable. The Act basically does two things: (i) Grants legal recognition to the rights of traditional forest dwelling communities, partially correcting the injustice caused by the forest laws, and (ii) Makes a beginning towards giving communities and the public a voice in forest and wildlife conservation.

The law recognises three types of rights: Land Rights- Land rights are given to people, who have been cultivating land prior to December, 13, 2005. Use Rights- The law provides for rights to use and/or collect the minor forest produce things like tendu patta, herbs, medicinal plants etc “that has been traditionally collected, use of grazing grounds and water bodies and use of traditional areas by nomadic or pastoralist communities i.e. communities that move with their herds, as opposed to practicing settled agriculture. Right to Protect and Conserve- Besides, the law also gives rights to protect and manage the forests to people of village communities.

The Act also categorises forests into three categories: Reserve forest- These forests are the most restricted forests and may be constituted by the State Government on any forest land or waste land which is the property of the Government or on which the Government has proprietary rights. In reserved forests, most uses by local people are prohibited, unless specifically allowed by a Forest Officer in the course of settlement. Protected forest- The State Government is empowered to constitute any land other than reserved forests as protected forests over which the  Government  has proprietary  rights.  Under ‘Protected  Forests’, the Government retains the power to issue rules regarding the use of such forests and retains the power to reserve the specific tree species in the protected forests. This power has been used to establish State control over trees, whose timber, fruit or other non-wood products have revenue-raising potential. Village forest- ‘Village forests’ are the one in which the State Government may assign to ‘any village community the rights of Government to or over any land which has been constituted a reserved forest’.

Wildlife Protection Act, 1972 (with Amendment Acts of 2003 and 2006): The act provides for the protection of wild animals, birds and plants and matters connected with them, with a view to ensure the ecological and environmental security of India. The act constitutes a National Board for Wildlife that provides guidelines for framing policies and advising Central and State Government on promotion of wildlife conservation and controlling poaching and illegal trade of wildlife and its products; Making recommendations for setting up and managing national parks, sanctuaries and other protected areas; and Suggesting measures for improvement of wildlife conservation. It also sets up National Tiger Conservation Authority. The acts sets up various provisions related to trade and penalties for hunting the animals in wild.

Five kinds of protected areas can be notified in the Act. These are: Sanctuaries- The State or


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Student Notes:

Central Government may by notification declare its intention to constitute any area as a sanctuary for protecting wildlife and the environment. The government determines the nature and extent of rights of persons in or over the land within the sanctuary. National Parks- The State or Central Government may declare an area, whether inside a sanctuary or not, as a national park for the purpose of protecting and developing wildlife and its environment. The State Government cannot alter the boundaries of a national park except on the recommendation of the National Board for Wildlife. No grazing is allowed inside a national park. All provisions applicable to a sanctuary are also applicable to a national park. Conservation Reserves- The State Government after consultations with local communities can declare any area owned by the Government, particularly areas adjacent to national parks or sanctuaries, as conservation reserves. The government constitutes a Conservation Reserve Management Committee to manage and conserve the conservation reserve. Community Reserves- The State Government can, in consultation with the community or an individual who have volunteered to conserve wildlife, declare any private or community land as community reserve. A Community Reserve Management Committee shall be constituted by State Government for conserving and managing the reserve. Tiger Reserve- These areas were reserved for protection tiger in the country. The State Government on the recommendation of the Tiger Conservation Authority may notify an area as a tiger reserve, for which it has to prepare a Tiger Conservation Plan.

The  Environment  (Protection)  Act   1986  -  The  Environment  Protection  Act,  1986  was constituted on 19 Nov, 1986, to provide for the protection and improvement of environment and for matters connected with environment that lays down the standards, policies and act of environmental degradations and policies for improvement of environment and prevention of human beings from environmental hazards. It describes rules to regulate environmental pollution, laying down procedures and standards for industrial waste, emissions, hazardous waste etc. Besides, it deals with the prevention, control and abatement of environmental pollution.

Biological Diversity Act, 2002 -   The government passed the biodiversity act to conserve and promote  sustainable  use  of  biological  diversity  and  to  regulate  the  access  to  biological resources of the country with equitable share in benefits. It sets up National Biodiversity Authority (NBA), State Biodiversity Board (SBB) and Biodiversity Management Committees. Besides, it aims to respect and protect knowledge of local communities traditional knowledge related  to  biodiversity  and  secure  sharing  of  benefits  with  local  people  as  conservers of biological resources and holders of knowledge and information relating to the use of biological resources. Besides, it also has provisions for notifying heritage sites by State Government in consultation with local body.

National Wildlife Conservation Projects

Last few decades have seen emergence of human encroachment to an extent that has never been seen before. This is one of the greatest threats to India's wildlife. In order to overcome the result of human encroachment many national parks as well as protected areas have been established so far and the first came in 1935. Also in 1972, to protect the tiger and wildlife in India, the Wildlife Protection Act and Project Tiger to safeguard were enacted. The following are the major conservation projects ongoing in India:

PROJECT TIGER

Project Tiger is a wildlife conservation project initiated in India to protect the Bengal Tigers. It was launched on April 1, 1973. The project aims at tiger conservation in specially constituted tiger reserves representative of various bio-geographical regions throughout India.  The project

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Mukherjee Nagar: 103, 1st Floor, B/1-2, Ansal Building, Behind UCO Bank, Delhi-9
09650617807, 09968029039, 09717162595
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Student Notes:

was based on a 'core-buffer' strategy. The core areas were freed from all sorts of human activities and the buffer areas were subjected to 'conservation oriented land use'. Management plans were drawn up for each tiger reserve based on the principles of elimination of all forms of human exploitation and biotic disturbance from the core area and rationalization of activities in the buffer zone; restricting the habitat management only to repair the damages done to the eco-system by human and other interferences so as to facilitate recovery of the eco-system to its natural state; and monitoring the faunal and floral changes over time and carrying out research about wildlife.

Starting from nine reserves in 1973-74 the number has grown up to forty one. As per 2010 census, India was home to 1,706 tigers which was half the world’s tiger population. A new census started in the 2013-2014 which will use three tests for counting tiger including camera trap and DNA testing of tiger scat to minimise duplicate counting. Every tiger caught on camera will be given a unique identification number based on their stripe patterns using computer software and a database maintained for the entire country.

PROJECT ELEPHANT

Project Elephant (PE), a centrally sponsored scheme, was launched in February 1992 to provide financial and technical support to major elephant bearing states in the country for protection of elephants, their habitats and corridors. It also seeks to address the issues of human-elephant conflict and welfare of domesticated elephants.

Main activities of the Project are as follows: Ecological restoration of existing natural habitats and migratory routes of elephants; Development of scientific and planned management for conservation  of  elephant  habitats  and  viable  population  of  Wild  Asiatic  elephants  in India; Promotion of measures for mitigation of man elephant conflict in crucial habitats and moderating pressures of human and domestic stock activities in crucial elephant habitats; Strengthening of measures for protection of Wild elephants form poachers and unnatural causes of death; Eco-development and Veterinary care.

PROJECT SNOW LEOPARD

Project Snow Leopard is a step of the Government of India’s resolve to conserve biodiversity with community participation. Snow Leopard is globally endangered species as well as the most important flagship species of the mountain region. The project will be operational in five Himalayan States viz. Jammu & Kashmir, Himachal Pradesh, Uttarakhand, Sikkim, and Arunachal Pradesh with active support from wildlife institute of India and the Mysore based Nature Conservation  Foundation.  The  project  stresses  on  a  landscape  approach  to  conservation wherein smaller core zones with relatively conservation values will be identified and conserved with support and the larger landscape will be managed in such a way that it allows necessary development benefits to the local communities. The project thus places greater importance to careful and knowledge-based management planning of the landscapes. Species such as Snow Leopard, Asiatic Ibex, Tibetan Argali, Ladakh Urial, Chiru, Takin, Serow and Musk Deer will particularly benefit from this project.

INDIAN CROCODILE CONSERVATION PROJECT

The Indian Crocodile Conservation Project is one of the most successful conservation initiatives in the world. It has pulled back the once threatened crocodilians from the brink of extinction and placed them on a good path of recovery. The Project has not just produced a large number of crocodiles, but  has contributed  towards conservation  in a number of related  fields  as well.The broad objectives of activities under crocodile project were to protect the remaining


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Mukherjee Nagar: 103, 1st Floor, B/1-2, Ansal Building, Behind UCO Bank, Delhi-9
09650617807, 09968029039, 09717162595
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Student Notes:

population of crocodilians in their natural habitat by creating sanctuaries; to rebuild natural population quickly through `grow and release' or `rear and release' technique - more than seven thousand crocodiles have been restocked - about 4000 gharial (Gavialis gangeticus), 1800 mugger (Crocodylus palustris) and 1500 salt- water crocodiles (Crocodylus porosus); to promote captive breeding; to take-up research to improve management; and to involve the local people in the project intimately.

ACTION PLAN FOR VULTURE CONSERVATION IN INDIA

India has nine species of vultures in the wild. These are the Oriental White-backed Vulture (Gypsbengalensis), Slender billed Vulture (Gyps tenuirostris), Long billed Vulture (Gyps indicus), Egyptian  Vulture  (Neophron  percnopterus), Red  Headed  Vulture (Sarcogyps calvus),  Indian Griffon Vulture (Gyps fulvus), Himalayan Griffon (Gyps himalayensis), Cinereous Vulture (Aegypius  monachus)  and  Bearded  Vulture  or  Lammergeier  (Gypaetus  barbatus).  The population of three species i.e. White-backed Vulture, Slender billed Vulture and Long billed Vulture in the wild has declined drastically over the past decade. The decline of Gypsgenus in India  has  been  put  at  97%  by  2005.  Because  of  the  evidence  of  widespread  and  rapid population decline, all three vulture species were listed by IUCN, the World Conservation Union, in 2000 as ‘Critically Endangered’.

Experiments showed that captive vultures are highly susceptible to Diclofenac, and are killed by kidney failure leading to gout within a short time of feeding on the carcass of an animal treated with the normal veterinary dose. There have been major initiatives for complete ban on the use of Diclofenac and finding a suitable substitute for the same. The Supreme Court has also given instructions for phasing out of Diclofenac.

INDIAN RHINO VISION 2020

The greater one-horned rhinoceros (Rhinoceros unicornis) is listed as Vulnerable on the IUCN Red List of Threatened Species. Wild populations of the species, currently number approximately 3,270 individuals, are found in northern India and Nepal. Close to 85% of the total population occurs in India, with about 75% in the state of Assam. Indian Rhino Vision (IRV)
2020 is a partnership the Assam Forest Department, the Bodoland Territorial Council, the World Wide Fund for Nature (WWF), the International Rhino Foundation (IRF), and the US Fish and Wildlife Service. The goal is to attain a wild population of at least 3,000 greater one-horned rhinos in the Indian state of Assam - spread over seven protected areas - by the year 2020.

National Action Plan on Climate Change

The Government of India released in 2008 India’s first National Action Plan on Climate Change (NAPCC) outlining existing and future policies and programs addressing climate mitigation and adaptation. The plan identifies eight core “national missions” running through 2017. Emphasizing the overriding priority of maintaining high economic growth rates to raise living standards, the plan “identifies measures that promote our development objectives while also yielding co-benefits for addressing climate change effectively.”

National Missions

1. National Solar Mission: The NAPCC aims to promote the development and use of solar energy for power generation and other uses with the ultimate objective of making solar competitive with fossil-based energy options. The plan includes:

Specific goals for increasing use of solar thermal technologies in urban areas, industry, and commercial establishments;

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Student Notes:

A goal of increasing production of photovoltaic to 1000 MW/year; and
A goal of deploying at least 1000 MW of solar thermal power generation.

Other objectives include the establishment of a solar research centre, increased international collaboration on technology development, strengthening of domestic manufacturing capacity, and increased government funding and international support.

2. National Mission for Enhanced Energy Efficiency: Initiatives based on increasing the energy use efficiency were expected to yield savings of 10,000 MW by 2012. Building on the Energy Conservation Act 2001, the plan recommends:

Mandating   specific   energy   consumption   decreases   in   large   energy-consuming industries, with a system for companies to trade energy-savings certificates;
Energy incentives, including reduced taxes on energy-efficient appliances; and
Financing for public-private partnerships to reduce energy consumption through demand-side  management  programs  in  the  municipal,  buildings  and  agricultural sectors.

3. National Mission on Sustainable Habitat: To promote energy efficiency as a core component of urban planning, the plan calls for:

Extending the existing Energy Conservation Building Code;
A  greater  emphasis  on  urban  waste  management  and  recycling,  including  power production from waste;
Strengthening  the  enforcement  of  automotive  fuel  economy  standards  and  using pricing measures to encourage the purchase of efficient vehicles; and
Incentives for the use of public transportation.

4. National Water Mission: With water scarcity projected to worsen as a result of climate change, the plan sets a goal of a 20% improvement in water use efficiency through pricing and other measures.

5. National Mission for Sustaining the Himalayan Ecosystem: The plan aims to conserve biodiversity, forest cover, and other ecological values in the Himalayan region, where glaciers that are a major source of India’s water supply are projected to recede as a result of global warming.

6. National Mission for a “Green India”: Goals include the afforestation of 6 million hectares of degraded forest lands and expanding forest cover from 23% to 33% of India’s territory.

7. National Mission for Sustainable Agriculture: The plan aims to support climate adaptation in agriculture through the development of climate-resilient crops, expansion of weather insurance mechanisms, and agricultural practices.

8. National Mission on Strategic Knowledge for Climate Change: To gain a better understanding of climate science, impacts and challenges, the plan envisions a new Climate Science Research Fund, improved climate modelling, and increased international collaboration. It also encourages private sector initiatives to develop adaptation and mitigation technologies through venture capital funds.

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