ACTS AND POLICIES

AIR PREVENTION AND CONTROL OF POLLUTION ACT (1981):

It is a comprehensive legislation with more than fifty sections. It makes provisions, for

1. Central and State Boards, power to declare pollution control areas, restrictions on certain industrial units.
2. Authority of the Boards to limit emission of air pollutants, power of entry, inspection, taking samples and analysis, penalties, offences by companies and Government and cognizance of offences etc.

The Act specifically empowers State Government to designate air pollution areas and to prescribe the type of fuel to be used in these designated areas. According to this Act,

“. No person can operate certain types of industries including the asbestos, cement, fertilizer and petroleum industries without consent of the State Board.”

The Main Objectives of The Act Are as Follows:

• To provide for the Prevention, Control and Abatement of air pollution.
• To provide for the establishment of central and State Boards with a view to implement the Act.
• To confer on the Boards the powers to implement the provisions of the Act and assign to the Boards functions relating to pollution.

INDIAN FOREST ACT- 1927

It defines what is a forest offence, what are the acts prohibited inside a Reserved Forest, and penalties leviable on violation of the provisions of the Act.  It also defines the procedure to be followed for declaring an area to be a Reserved Forest, a Protected Forest or a Village Forest.

The Act basically does two things:

• Grants legal recognition to the rights of traditional forest dwelling communities, partially correcting the injustice caused by the forest laws, and
• Makes a beginning towards giving communities and the public a voice in forest and wildlife conservation.

THE LAW RECOGNIZES 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.

RIGHT TO PROTECT AND CONSERVE: The law gives rights to protect and manage the forests to people of village communities.

THREE CATEGORIES OF FORESTS: 

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 PROTCTION ACT, 1972:

The Wildlife Protection Act was passed in 1972.

“…The Act established schedules of protected plant and animal species; hunting or harvesting these species was largely outlawed. 

The Act provides for the protection of wild animals, birds and plants; and for matters connected there with or ancillary or incidental thereto. It extends to the whole of India…”

SIGNIFICANCE:

Before this law came into force, there were only five national parks in India. This law applies to the whole country except the state of Jammu & Kashmir which has its own act for the same purpose. The act has 6 schedules, and each schedule guarantees varied degrees of protection to animals and plants. Animals include insects, reptiles, fishes, birds, and mammals.

SCHEDULES OF WPA -1972

Schedule 1 & 2: Complete protection to the species and violation incurs highest penalty and punishment. This includes species like The Tiger, Asiatic Lion, Snow Leopard, Deer, Sloth Bear, Tibetan Fox, Langurs, Macaques, Asian Elephant, Snakes, Etc.

SCHEDULE 3 & 4:

Includes protected species but the punishment awarded for any violation is lesser. E.g., Hyena, Hog Deer, Wild Pig, Hares, Porcupine, Bats, Flying Fox, Tortoise, Himalayan Rat, Etc.

SCHEDULE 5:

Includes animals which may be hunted like the common crow, mice, rates, fruit bats, etc. Vermin category animals.,

are come under this schedule. Both state and central governments are empowered to declare an animal as vermin Under Sec.62 Of Wildlife Protection Act   

 SCHEDULE 6:

It contains a list of plants that are forbidden from cultivation. E.G. Beddomes’ Cycad, Blue Vanda, Pitcher Plant, Etc.

This Act prohibits the killing, capturing, poisoning and trapping of wild animals. This act also forbids injuring or removing body parts of the animals. The eggs of wild birds and reptiles are also protected under this act. 

Taxidermy is also prohibited under this act. Taxidermy is the preservation of a dead animal as a trophy. This includes making rugs, preserving skin, teeth, horns, eggs, etc.  An amendment to this act was enacted in 2002. This amendment made the penalties for violation even harsher. 

THE ENVIRONMENT (PROTECTION) ACT, 1986

“…The Environment (Protection) Act, 1986 authorizes the central government to protect and improve environmental quality, control and reduce pollution from all sources, and prohibit or restrict the setting and /or operation of any industrial facility on environmental grounds…”

It Passed in March 1986, it came into force on 19 November 1986. Due to declining environmental quality and The Bhopal Gas Disaster, the Environment (Protection) Act, (1986) was enacted to empower the Central Government to take necessary measures to preserve and improve the environment. Environmental protection act 1986 is also the Umbrella act because it provides the framework to the central government in order to make the coordination between different state as well as the central authorities using different act like water act etc.

DEFINITIONS UNDER ACT:

“ENVIRONMENT” includes Water, Air and Land and the inter- relationship which exists among and between water, air and land, and human beings, other living creatures, plants, micro-organism and property.

“ENVIRONMENTAL POLLUTANT” means any solid, liquid or gaseous substance present in such concentration as may be, or tend to be, injurious to environment.

“HAZARDOUS SUBSTANCE” means any substance or preparation which, by reason of its chemical or physic-chemical properties or handling, is liable to cause harm to human beings, other living creatures, plant, micro-organism, property, or the environment.

The Environment Protection Act is an important legislation that provides for coordination of activities of the various regulatory agencies, creation of authorities with adequate powers for environmental protection, regulation of the discharge of environmental pollutants, handling of hazardous substances, etc.

The Act provided an opportunity to extend legal protection to non-forest habitats (‘Ecologically Sensitive Areas’) such as grasslands, wetlands and coastal zones.

POWER OF UNION GOVERNMENT TO PROTECT AND IMPROVE ENVIRONMENT

• Establishment of environmental laboratories, standards for the quality of environment (See standards related to air, water, hazardous substances etc.), manuals and codes.
• Central Government may, in the exercise of its powers and performance of its functions under this Act, issue directions in writing to any person, officer or any authority
• Central Government may appoint officers with such designation as it thinks fit for the purposes of this Act.

BIOLOGICAL DIVERSITY ACT- 2002

“…The Biological Diversity Act, 2002 is an Act of the Parliament of India for preservation of biological diversity in India, and provides mechanism for equitable sharing of benefits arising out of the use of traditional biological resources and knowledge…”

India is rich in biological diversity and associated traditional and contemporary knowledge system. Biological diversity is a national asset of a country; hence the conservation of biodiversity assumes greater significance. India is a party to the United Nations Convention on Biological Diversity signed at Rio de Janeiro on the 5th day of June 1992; WHEREAS the said Convention came into force on the 29th of December 1993; AND reaffirms the sovereign rights of the States over their biological resources.

OBJECTIVES OF THE ACT:

1. To conserve the Biological Diversity.
2. Sustainable use of the components of biodiversity.
3. Fair and equitable sharing of benefits arising out of the use of the B.D.

PROVISIONS OF THE ACT:

• Prohibition on transfer of Indian genetic material outside the country without specific approval of the Indian Government.
• Prohibition of anyone claiming an Intellectual Property Rights (IPR) such as a patent over biodiversity or related knowledge without permission of Indian Government.
• Regulation of collection and use of biodiversity by Indian national while exempting local communities from such restrictions.
• Measures from sharing of benefits from use of biodiversity including transfer of technology, monitory returns, joint research, and development, joint IPR ownership etc.
• Protection of indigenous or tradition laws such as registration of such knowledge.
• Regulation of the use of the genetically modified organisms.
• Setting up of National, State and Local Biodiversity funds to be used to support conservation and benefit sharing.
• Setting up of Biodiversity Management Committees (BMC) at local village levels. State Biodiversity Boards at state level and National Biodiversity Authority.

BIODIVERSITY HERITAGE SITES

Under Section 37 of Biological Diversity Act, 2002 (BDA) the State Government in consultation with local bodies may notify in the official gazette, areas of biodiversity importance as Biodiversity Heritage Sites (BHS).

Biodiversity Heritage Sites” (BHS) are” … well defined areas that are unique, ecologically fragile ecosystems – terrestrial, coastal and inland waters and, marine having rich biodiversity…”

IMPORTANT PROJECTS BY GOVERNMENT OF INDIA.

 PROJECT ELEPHANT:

Project Elephant (PE) was launched by the Government of India in the year 1991-92 as a Centrally Sponsored Scheme with the following objectives:

1. To Protect Elephants, Their Habitat and corridors
2. To Address Issues of Man-Elephant Conflict
3. Welfare Of Domesticated Elephants

There are 30 notified and 1 proposed Elephant Reserve in the country (Khasi Hills Elephant Reserve in Meghalaya). After October 2015 the funding pattern changed from 100% to the ratio of Central: State share to 60:40 and 90:10 for Northeast and Himalayan states).

Presently the Project is being implemented in 22 States/UTs, viz. Andhra Pradesh, Arunachal Pradesh, Assam, Chhattisgarh, Jharkhand, Karnataka, Kerala, Maharashtra, Meghalaya, Nagaland, Odisha, Tamil Nadu, Tripura, Uttarakhand, Uttar Pradesh, West Bengal, Rajasthan, Andaman &Nicobar, Bihar, Punjab, Gujarat and Haryana (where an elephant rescue centre has been set up supported by Project Elephant).

INDIAN RHINO VISION 2020

Started in: Phase 1 of IRV 2020 was conducted from 2005 to 2008.

OBJECTIVE: 

“…Its goal is to have 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…”

KEY FUNCTIONS:  

Its main initiatives include:

• Improving the protection and security of rhinos in all rhinoareas in Assam.
• Expanding the distribution of rhinos over seven protected areas to reduce the risks associated with having a whole population in one area.
• Translocating rhinos from two source populations (Kaziranga and Pabitora) into five target protected areas (Manas, Laokhowa, Buracharpori-Kochmora, Dibrusaikhowa and Orang)
• The project also aims to reduce the rhino population pressures in anysingle habitat by ensuring a better distribution of the rhino population over suitable ranges.
• In addition, the project concentrates on integrating thelocal communities into the conservation effort. It aims to provide jobs for people living around the national parks (in conservation or tourism), to help to protect crops from being raided and to implement further educational 

PROJECT SNOW LEOPARD

This project was launched in 2009. To safeguard and conserve India’s unique natural heritage of high-altitude wildlife populations and their habitats by promoting conservation through participatory policies and actions.

Key Facts:  

• It is an initiative for strengthening wildlife conservation in the Himalayan high altitudes, covering Jammu and Kashmir, Himachal Pradesh, Uttarakhand, Arunachal Pradesh and Sikkim.
• It aims at promoting a knowledge-based andadaptive conservation framework that fully involves the local communities, who share the snow leopard’s range, in conservation efforts.
• The project is facilitating a landscape-level approach to wildlife conservation by developing scientific frameworks for comprehensive surveys, rationalising the existing protected area network and improving protected area management.
• It has developed a framework for wildlife conservation outside protected areas and promote ecologically responsible development.

PROJECT TIGER  

The Government of India has taken a pioneering initiative for conserving its national animal, the Tiger, by launching the ‘Project Tiger’ in 1973.

From Nine Tiger Reserves since its formative years, the Project Tiger coverage has increased to fifty at present, spread out in18 tiger range states. This amounts to around 2.21% of the geographical area of our country. The Tiger Reserves are constituted on a Core and Buffer strategy.

AIM:

The Project Tiger aims to foster an exclusive tiger agenda in the core areas of Tiger Reserves, with an inclusive people-oriented agenda in the buffer.

Project Tiger is an ongoing Centrally Sponsored Scheme under the umbrella scheme of Integrated Development of Wildlife Habitat of the Ministry of Environment, Forest, and Climate Change for providing central assistance to the Tiger States for tiger conservation in designated Tiger Reserves, and tiger bearing forests outside tiger reserves.

It Is In accordance to double the global tiger population (T X 2) by 2022 as envisaged by the Petersburg Declaration on Tiger Conservation issued at the St. Petersburg Tiger Summit.

NATIONAL TIGER CONSERVATION AUTHORITY:

The National Tiger Conservation Authority is a statutory body under the Ministry of Environment, Forests and Climate Change constituted under enabling provisions of the Wildlife (Protection) Act, 1972, as amended in 2006, for strengthening tiger conservation, as per powers and functions assigned to it under the said Act.

The National Tiger Conservation Authority has been fulfilling its mandate within the ambit of the Wildlife (Protection) Act, 1972 for strengthening tiger conservation in the country by retaining an oversight through advisories/normative guidelines, based on appraisal of tiger status, ongoing conservation initiatives and recommendations of specially constituted Committees 

OBJECTIVE OF THE NTCA

• Providing statutory authority to Project Tiger so that compliance of its directives becomes legal.
• Fostering accountability of Center-State in management of Tiger Reserves, by providing a basis for MoU with States within our federal structure.
• Providing for an oversight by Parliament.
• Addressing livelihood interests of local people in areas surrounding Tiger Reserves.

GLOBAL TIGER FORUM

The Global Tiger Forum (GTF) is the only inter- governmental international body established with members from willing countries to embark on a global campaign to protect the Tiger. The GTF is focused on saving the remaining 5 sub-species of Tigers distributed over 13 Tiger Range countries of the world.

The GTF was formed in 1993 on recommendations from an International Symposium on Tiger Conservation at New Delhi, India.

The first meeting of the Tiger Range countries to setup the forum was held in 1994, in which India was elected to the Chair and was asked to form an interim secretariat. In 1997, the GTF became an independent organization.

OBJECTIVES:

• Promoting global campaigns to save the Tiger, its prey, and its habitat.
• Increasing the number of secure habitats for Tigers.
• Promoting comprehensive legal frameworks for Tiger conservation.
• Promoting bilateral co-operation.
• Establishing a trust fund to enable the implementation of agreed programmes.
• Calling upon Range Countries to prepare and update their National Action Plans for Tiger conservation.

TIGER RANGE COUNTRIES:

The tiger range countries that are part of the Global Tiger Recovery Program are Bangladesh, Bhutan, Cambodia, China, India, Indonesia, Malaysia, Myanmar, Nepal, Russia, Thailand, and Vietnam