CHAPTER-I: INTRODUCTION

1.1 Development of Environmental Laws

For the survival of living beings, air, water, food and sunlight

within an environment are the basic requirements. Earth is a very

special planet where life exists. The Earth`s atmosphere is being

altered at an unprecedented rate by pollutants resulting from human

activities, fossil fuel use and rapid population growth. The life

existing within a thin sphere of environment is known as Biosphere.

It has film of air, water and soil. Biosphere is further divided into

three layer, the atmosphere (air), the hydrosphere (water) and the

lithosphere (rock and soil). The moderate temperature of the Earth

allows it to be a habitable place for humans, animals, microbes and

plants.1

The atmosphere (air) covers the whole surface of the earth

and it is about 320 kilometers thick. The troposphere which is up to

18 kilometers lies next to earth`s surface. It contains gases, water

vapour and cloud. Above this, there is another layer called as

stratosphere which lies from 12 to 50 kilometers. It contains most of

the atmospheric ozone (ozonosphere) which absorbs harmful

ultraviolet rays. Next are the mesosphere and ionosphere layers

which extend from 80 to 320 kilometers. The ionosphere contains

electrically charged particles called as ions. These ions reflect radio-

1Mukherjee, B. Environmental Biology, Tata McGraw-Hill Pub. Comp. Ltd., New Delhi,

pp 1-22, 1996.

2

waves back to the earth’s surface and enable wireless

communication. And above all, the uppermost layer is called

exosphere.2

Earth`s atmosphere is adversely affected by indiscriminatory

acts of human beings. The sun emits radiations of varying wave

lengths known as Electro Magnetic Spectrum containing Ultra

Violet radiations, an enemy to all forms of life. Due to industrial

activities man-made Chloro-Flouro Carbons (CFCs) are emitted and

these molecules take about ten years to reach to the stratosphere to

interact with ozone of the ozonosphere. This interaction leads to

depletion/loss of ozone layer which is a serious threat to all forms of

life.

Now global warming, acid rain, green house effect, loss of

ozone layer, loss of non- renewable resources are considered as the

consequences of environmental damage due to which environmental

issues have crossed national boundaries, emerging as global concern.

The increasing awareness of environmental changes has widened

frontiers of bilateral, regional and global relationship. The UN`s

Intergovernmental Panel on Climate Change (IPCC) warned that

green house gases (water vapour, carbon dioxide, methane, oxides of

nitrogen) will warm up the earth and global average temperatures

will continue to rise by the expected lower limit of 2oC by 2100. The

IPCC scientists also predicted that such faster warming process shall

change monsoon pattern causing droughts and floods, diseases, heat

2 Gurdip Singh, Environmental Law in India, p 8, 2005 (1

st Edition).

3

waves, storms and rise in sea level.3 The phenomenon of human

induced global change is a crisis of the complex earth system.

The present generation is aware that whatever will be done on

earth today will effect coming generations and this beautiful world is

to be managed as trustees for coming generations. The global

concern for the protection and preservation of environment has

generated recognition of the unity of human race.

The impact of human induced climate change on biodiversity

and on various ecosystems has added to the sense of urgency and

need for environmental rules and sustainable development.

Environmental rules relate to the management of the strategies for

tackling the problems affecting the environment. Environmental

laws drive their strength from various disciplines such as Biology,

Bio-technology, Ecology, Economics, Hydrology, Medical Science,

Psychology, Public Administration, Sociology etc. Environment

Laws are inter dependent on Politics, Ecology and Economics. Their

various principles, concepts and norms of various laws are guiding

factors for Environmental Laws.4

Environmental Law has national as well as international

dimensions and exists in the form of hard as well as soft law. The

hard law is firm and binding rules of law like treaty provisions while

3 Steve Connor, Climate: A bleak picture of war, famine. The Tribune (Chandigarh), p.11, 2 April,

2014. 4 Thomas J. Schoenbaum, Environmental Policy and Law, p.12, 1985 (3

rd Edition).

4

soft law primarily consist recommendations or declarations made by

international conferences or inter-governmental organizations.5

Though the great thinkers and scholars from ages have

preached maintaining environmental ecology and always propagated

to worship nature as God to resist man from such activities which

were against environment, the man’s ambition for limitless

enjoyment and comfort in last one hundred years have harmed

environment. The factors which have caused environmental

deterioration the world over are population explosion, poverty,

urbanization, industrialization, over exploitation of natural resources,

depletion of natural resources of energy. Through the rapid

acceleration of science and technology, human race has acquired the

power to change the environment in many ways and on an

unprecedented scale. This has simultaneously increased endless

pressure on nature.6

The Asian haze only reminds man of the dangers of mindless

pursuit of growth by ransacking nature’s reserve without

replenishing them. Thus, the protection and preservation of the

environment is the need of the hour.7 Rodgers defined Environment

Law as “The Law of Planetary House-keeping, protecting the planet

5 Gurdip Singh, Environmental Law – International & National Perspective, p. 10, 2003 (2

nd

Edition). 6 Sachidanand Pandey v. State of West Bengal, AIR 1987 SC 1109.

7 S.K. Bal & J. Mukherjee, “Asian Haze: Threat to World Climate”, The Tribune, p. 13, Nov. 7,

2002.

5

and its people from activities that upset the earth and its life

sustaining capabilities”.8

The future of mankind is being shaped by issues that no one

nation can address alone. The environmental issues have crossed

national boundaries and regional perspectives to global concern.9

The human race know that there is no logic to maintain barriers

between the developed and developing nations on the issue of

economy but to look at humanity in terms of all the people of earth.

Multilateral co-operation is instrumental in meeting the key global

challenges. Accordingly, the international concern has journeyed

from the conferences held in Stockholm, Vienna, Montreal, Toronto,

Kyoto, Delhi and Johannesburg with resolutions to try balance

between the unending demands of development and the limited

environment.

In T.N. Godavarman Thirumulpad v. Union of India10

, the

Supreme Court of India observed: “Environment is a difficult word

to define. Its normal meaning relates to the surroundings, but

obviously that is a concept which is relatable to whatever object it is

which is surrounded. Environmental degradation is a polycentric and

multifaceted problem affecting the human existence.”

Environmental law is based on the thinking that environment

is precious for all of us and it is a nature’s gift for all of us to cherish

it and replenish it. It is not given for wastage but to use it and

8 Simon Ballana & Stuart Bell, Environmental Law, pp. 346-373, (1996), Universal Publication

Pvt. Co. Ltd., New Delhi. 9 Supra note 2 at 2.

10 AIR 2003 SC 724.

6

manage it. Under the Indian Law, special importance is given to

laws regarding environment. The change in attitude of judiciary can

be seen in recently given judgments, where equal importance has

been given to both environment and development. In Bombay

Dyeing & Mfg. Co. Ltd. v. Bombay Environmental Action Group11

,

the court held ecology vis-à-vis development, a delicate balance has

to be struck, whereas it is not possible to ignore inter-generational

interest, it is also not possible to ignore the dire need which society

urgently required. The recent period in human history contrasts with

all the earlier ones in its strikingly high rate of resource utilization

and biodiversity conservation12

.

Biodiversity comprises a fundamental component of

environmental/ ecological sustainability. I therefore deem it essential

to provide a non-legal introduction to several fundamentals of

biodiversity. Ecological sustainability has been described as “the

situations and conditions in the biosphere that are sufficient for

sustaining mankind for innumerable generations to come with

reliable and safe resilience, including full biodiversity,”13

1.2 Biodiversity

Biodiversity is occurrence of different kinds of organisms

and the range of varieties adapted to different climates,

environments and areas being constituents of food chains and food

11

AIR 2006 SC 1489. 12

T. N. Godavarman Thirumpulpad v. Union of India, AIR 2007 SC 2416. 13

Westerlund, S. 200. Fundamentals of Environmental Law Methodology, version 0.7b, p. 635.

7

web of biotic interrelationship. This has assumed even more

significance since the ‘United Nations Convention on Biological

Diversity’ was held during the ‘Earth Summit in Rio de Janeiro in

1992’. It serves a focal point for documenting knowledge on the

biological resources of this planet. Biodiversity has been referred to

as “the planet’s most valuable resource” but it may be defined as

“the variety of organism at all levels, from genetic variants of a

single species to many, includes variety of ecosystems, which

comprise both the communities of organisms within particular

habitats and the physical conditions under which they live”.

1.2.1 Concept

The term biological diversity was used initially by wildlife

scientist and conservationist Raymond F. Dasmann in 1968 lay book

A Different Kind of Country advocating conservation. The term was

widely adopted only after more than a decade, when in the 1980’s it

came into common usage in science and environmental policy.

Thomas Lovejoy, in the foreword to the book Conservation Biology,

introduced the term to the scientific community. Until then the term

“natural diversity” was common, introduced by the Science Division

of the Nature Conservancy is an important 1975 study, “The

Preservation of Natural Diversity”. Lovejoy and other leading

conservation scientists at the time in America advocated the use of

“biological diversity”.

According to another conservation biologist Stuart Pimm, the

first use of the term biodiversity in scientific literature was by

8

biologist Elliot Norse in a 1980 US Government report14

. In origin,

biodiversity is a contraction of the term ‘biological diversity’15

.

Biodiversity is derived from Greek word, “bios” means “life”

and “diversity” means “form”. Biodiversity refers to totality of

genes, species and ecosystems of a region. Biodiversity differs from

place to place. Biodiversity is the biological wealth of world.

Rainforests are an example of biodiversity on the planet, and

typically posses a great deal of species diversity.

The biodiversity is a term which is used to describe the

variety of life on Earth. It refers to the wide variety of ecosystems

and living organisms: animals, plants, their habitats and their genetic

makeup.

Biodiversity is foundation of life on Earth. It is crucial for the

functioning of ecosystems which provide us with products and

services without which we could not live. Biodiversity gives us

much more than this. We depend on it for our security and health; it

strongly affects our social relations and gives us freedom and choice.

Biodiversity is a complex, dynamic and varies like no other

feature of the Earth. Its innumerable plants, animals and microbes

physically and chemically unite the atmosphere (the mixture of gases

around the Earth), geosphere (the solid part of the Earth) and

hydrosphere (the Earth’s water, ice and water vapour) into one

environmental system which makes it possible for millions of

14

Pimm, S. L. 2001. The world according to Pimm: a scientist audits the earth. McGraw-Hill,

New York. 15

Wilson, E. O. and F. M. Peters (eds.) 1989. Biodiversity. National Academy, Washington, DC.

9

species, including humans, to exist. In whole, it is the variability

among living organisms from all sources including terrestrial,

marine and other aquatic ecosystems, and the ecological complexes

of which they are part; this includes diversity within species,

between species and of ecosystems.16

Professor Anthony Cambell at Cardiff University, UK and the

Darwin Centre, Pembrokeshire, defined a fourth level: Molecular

Diversity17

. This means diversification in molecules present in the

environment.

An explicit definition consistent with this interpretation was

first given in a paper by Bruce A. Wilcox commissioned by the

International Union for the Conservation of Nature and Natural

Resources (IUCN) for the 1982 World National Parks Conference18

.

Wilcox’s definition was “Biological diversity is the variety of life

forms ….. at all levels of biological systems (i.e. molecular,

population, species or ecosystem).” The 1992 United Nations Earth

Summit defined “biological diversity” as “the variability among

living organisms from all sources, including ‘inter alia’, terrestrial,

marine and other aquatic ecosystems and the ecological complexes

of which they are part: this includes diversity within species,

16

The Appliance of Science: IUCN and The Convention on Biological Diversity; Nairobi, 1993. 17

Campbell, A.K. 2003. “Save those molecules: molecular biodiversity and life”, Journal of

Applied Ecology 40(2): 193-203. 18

Wilcox, Bruce A. 1984. In situ conservation of genetic resources: determinants of minimum area

requirements. In: National Parks, Conservation and Development Proceedings of the World

Congress on National Parks, J.A. McNeeley and K.R. Miller, Smithsonian Institution Press, pp.

18-30.

10

between species and of ecosystems. This definition is used in the

United Nations Convention on Biological Diversity (CBD).

One textbook’s definition is “variation of life at all levels of

biological organization”19

.

Geneticists define it as the diversity of genes and organisms.

They study processes such as mutations, gene transfer and genome

dynamics that generate evolution. Measuring diversity at one level in

a group of organisms may not precisely correspond to diversity at

other levels. However, tetrapod (terrestrial vertebrates) taxonomic

and ecological diversity shows a very close correlation. One of the

best definitions of biodiversity is the structural and functional variety

of life forms at genetic, population, community and ecosystem

levels.20

Biodiversity has been defined by a multitude of authors, but

not always consistently. A diversity of the definitions of biodiversity

in chronological order is as follows:

“A function of the number of species present and the

evenness with which the individuals are distributed among these

species” (Hurlbert, 197121

).

19

Kevin J. Gaston & John I. Spicer, 2004. Biodiversity: An introduction, Blackwell Publishing, 2nd

Ed., ISBN 1-4051-1857-1. 20

O.T. Sandlund, K. Hinder & A.H.T. Brown (eds) 1992. Conservation of biodiversity for

sustainable development. Scand. University. Press, Oslo, Norway.

21

Hurlbert, S. H. 1971. “The non-concept of species diversity: a critique and alternative

parameters.” Ecology 52: 577-586.

11

“The variety and variability among living organisms and the

ecological complexes in which they occur” (US Congress office of

Technology Assessment, 198722

).

“The variety and relative abundance of species” (Magurran,

198823

).

“The genetic, taxonomic and ecosystem variety in living

organisms of a given area, environment, ecosystem or the whole

planet” (McAllister, 199124

).

“The full range of variety and variability within and among

living organisms, their associations, and habitat-oriented ecological

complexes. Biodiversity encompasses ecosystem, species and

landscape as well as intra-specific (genetic) levels of diversity”

(Fielder and Jain, 199225

).

“The total variety of life on earth. It includes all genes,

species, and ecosystems and the ecological processes of which they

are part” (International Council for Bird Preservation, 199226

).

“The structural and functional variety of life forms at genetic,

population, species, community and ecosystem levels” (Sandlund et

al., 199227

).

22

US congress Office of Technology Assessment, 1987. Technologies to maintain

biological diversity. US Government Printing Office, Washington, DC. 23

Magurran, A. E. 1988. Ecological diversity and its measurement. Princeton University Press,

Princeton, NJ. 24

McAllister, D. E. 1991. What is biodiversity? Canadian Biodiversity 1: 4-6. 25

Fielder, P. L. and S. K. Jain (eds). 1992. Conservation Biology: the theory and practice of

nature conservation. Chapman & Hall, London. 26

International Council for Bird Preservation 1992. Putting Biodiversity on the map: priority

areas for global conservation. ICBP, Cambridge. 27

Sandlund, O. T., K. Hinder and A. H. T. Brown (eds). 1992. Conservation of biodiversity for

sustainable development. Scandinavian University Press, Oslo, Norway.

12

‘The variety of organisms considered at all levels, from

genetic variants belonging to the same species through arrays of

species to arrays of genera, families and still higher taxonomic

levels” (Wilson, 199228

).

“The total diversity and variability of living things and of the

systems of which they are a part. Biodiversity covers the total range

of variation in and variability among systems and organisms at the

bioregional, landscape, ecosystem and habitat levels; at the various

organismal levels down to the species, populations and individuals;

and at the level of the population and genes” (Johnson, 199329

).

“The diversity of life in all its forms and at all levels of

organization” (Hunter, 199630

).

“The richness of biosphere in genetically distinct organisms

and the systems they represent” (Cox, 199731

).

Biodiversity is one of the core concepts of conservation

biology. However, its persistence and value as a scientific idea are

not yet assured.

1.2.2 Need

Scientists estimate that the total number of species could be

anywhere between 13 million to 100 million. An unknown number

of these valuable but still undiscovered species might be spiraling

28

Wilson, E. O. 1992. The diversity of life. The Belknap Press of Harvard University Press,

Cambridge, MA. 29

Johnson, S. P. 1993. The Earth Summit: United Nations Conference on Environment and

Development (UNCED). Graham & Trotman, London. 30

Hunter, M. L. Jr. 1996. Fundamentals of conservation biology. Blackwell Science, Oxford. 31

Cox, G. W. 1997. Conservation biology: concepts and application. W. C. Brown, Dobuque, IA.

13

down to extinction every day. All these species together constitute a

massive gene pool that could help human beings find solutions to

most of their complicated problems. Therefore, it is of utmost

importance to bring down the rate of extinction and conserve what is

left of Biodiversity. The present scenario is that the humans are over

exploiting natural resources and affecting biodiversity balance. Due

to this, many species are on the verge of extinction amongst flora

and fauna. Year 2010 has been marked as the International Year of

Biodiversity by Convention on Biological Diversity CBD and its

partner or the IUCN (The World Conservation Union). In April

2002, a decision was taken by the parties to the convention that by

the year 2010 they would significantly reduce the rate of

Biodiversity loss at the global, regional and national level as a

contribution to poverty alleviation and to the benefit of all life on

Earth. This was certified by the World Summit on Sustainable

Development and the United Nations General Assembly and was

integrated under the Millennium Development Goals as a new target.

So, it is the need of the hour to preserve and protect our biodiversity

so that our coming generations should feel safe and our planet Earth

must be ensured as safe planet for life.

In view of the fact that species are disappearing because of

habitat loss or its fragmentation or their over-exploitation, the

highlights of the Annual State of India`s Environment Report-2015

14

by Centre for Science and Environment, New Delhi32

can be

educative and useful. Some of the highlights of this recent report are:

Forest and Wildlife

(1) India has lost an estimated 9.4 million hectares of natural

forests in the past 14 years. Forest policies do not take this

into account.

(2) India`s north-eastern states, known for their community

management for forests, are adopting programmes that

will subvert traditional rights over forests. Governments

are supporting private takeover of community land.

(3) Wildlife crimes reached unprecedented levels, with the

world wide web playing a major facilitating role. The

United Nations has declared wildlife crimes as a trans-

national crime.

(4) A big illegal market for small and exotic species is taking

shape. India emerges as a hub of this market.

Urbanization

(5) India has 8,000 cities and towns and by this year, half of

its population should have access to piped sewer system.

(6) Six years after the National Urban Sanitation Policy, only

13 states have initiated the mandatory state sanitation

strategies.

32

A Down to Earth Annual State of India`s Environment Report-2015 (Eds. Sunita Narain et al.),

CSE, New Delhi. Shree Maitrey Prin Tech Pvt. Ltd., Noida, UP.

15

(7) Urban areas are finding it difficult to manage the huge

garbage being generated everyday; after 14 years, the

country is revising Municipal Solid Waste Rules.

(8) India`s construction and demolition waste is emerging as

an unmanageable problem but options of recycling them

are being innovated.

Land and Agriculture

(9) During 2007-2014, about 0.57 million hectares of land

has been diverted for industrial and non-agricultural uses.

(10) Pace of expansion of the gross sown area has slowed

down; the net sown area is showing negative trend.

(11) About 40 per cent of India`s total area is affected by

degradation. The country has loses 5.3 million tones of

soil every year.

(12) Land conflicts in India have gone up by 30 per cent in

last two years. Disputed land takeovers affect one-quarter

of India`s 664 districts.

(13) The new land acquisition law was up for a round of

amendments even before its rules could be notified; most

of the amendments aim at diluting community oversight in

land acquisition.

Water and Sanitation

(14) India lost 50 per cent of its lakes and wetlands to other

16

(15) land uses between 1911 and 2014. The country

continues to lose wetlands at an annual rate of 2-3 per

cent.

(16) The incidence of urban floods is on the rise because of

depleting wetlands and rivers. In 2006, 22 cities reported

flood and the number went up to 35 in 2007.

(17) Poor waste water management and sewerage cover is

responsible for the alarmingly high pollution in all

important rivers.

(18) Industries are one of the main causes of water

pollution today, with more than 70 per cent of all

industrial waste dumped untreated into water bodies.

(19) While the Centre plans to spend INR 1.32 lakh crore to

install toilets in every rural household by 2019, most

states are struggling to generate enough demand for toilets

because of weak local governance institutions and lack of

public awareness.

Health

(20) Degraded environments increase the interaction

between disease-carrying animals and human beings. This

year Ebola virus held the world hostage.

(21) Diseases are now more difficult to treat as the

pathogens that cause them are have become resistant to

antibiotics due to their indiscriminate use.

17

(22) Easy availability of junk food in schools makes

children fat. World over, the food that children eat is

regulated. India needs to follow suit.

(23) Higher incomes, global food chains and a vast

population of young people indifferent to religious taboos

are shattering myths about ‘vegetarian India’. But this

appetite for meat has environmental and political fallouts.

Air Pollution

(24) The latest report of the Intergovernmental Panel on

Climate Change says black carbon, found in particulate

matter, is 800 times more potent than CO2 over a 100-year

period. But developed nations should not be allowed to

make this an excuse to shift focus to black carbon and

forget mitigation of CO2.

(25) It is not easy to compare the global warming potential

(GWP) of long-lived CO2 with short-lived climate forces

like black carbon. Black carbon`s GWP for 100 years is

much lower than its GWP for 20 years.

(26) The new Draft Road Transport and Safety Bill, if

passed by the Parliament, will replace the Motor Vehicles

Act of 1988. But will it make roads safe for pedestrians,

cyclists and other users?

(27) The dual approach towards fuel emission standards in

Indian cities means that only a handful of cities are

following Euro IV norms that came into force in Europe

18

way back in 2005. The rest of the country goes by Euro III

norms that were in force in Europe in 2001.

Environmental Governance

(28) The regulatory framework in India is effectively

geared towards giving clearances and consents. But the

assessment and monitoring of environment, social and

health conditions that go with these approvals are usually

missing.

(29) More than 90 per cent projects seeking green clearance

get approval. Unfortunately, under the recent changed

political scenario of the country, there seemed to be a

focus on bypassing procedures to hasten green clearances.

(30) There is shortage of staff and expertise in India`s

environment regulatory bodies; it is a trend to appoint

non-technical persons for jobs that need specialized

knowledge.

(31) In India the burden of proofs lies with the regulatory

bodies because it is for the State Pollution Control Boards

to prove in court that an industry is violating the law and

get it penalized.

(32) Union government set up a high-level committee to

review key environmental laws; the committee

recommended widespread structural and procedural

changes. A parliamentary select committee will now

review the committee`s report.

19

Climate Change

(33) The latest report of the UN Intergovernmental Panel

on climate change (IPCC) says, “Global warming is

‘unequivocal’ and the role of humans in causing it is

clear”.

(34) People in poor countries will be particularly vulnerable

to the rise in temperature as they will face extreme

weather events. India, which is home to 33 per cent of the

world`s poor, would be one of the worst affected.

(35) In India, eight of the 10 warmest years were recorded

in the last decade (2001-2010). In 2013, cyclone Phailin

and the following year, another cyclone, Hudhud, caused

huge damages amounting to several thousand crores of

rupees.

(36) Developing countries would require about 150 billion

US dollars a year by 2025 to adapt to many such losses

and damages caused by climate change impacts.

(37) Without sufficient efforts to mitigate greenhouse gas

emissions, no amount of adaptation measures can protect

communities from climate change impacts.

1.2.3 Distribution of Biodiversity

Biodiversity is not evenly distributed, rather it varies greatly

across the globe as well as with regions. Among other factors, the

diversity of all living things (biota) depends on temperature,

20

precipitation, attitude, soil, geography and the presence of other

species. The study of the spatial distribution of organisms, species

and ecosystems, is the science of biogeography. In 2006, many

species were formally classified as rare or endangered or threatened;

moreover, scientists have estimated that millions more species are at

risk which has not been formally recognized. About 40 percent of

the 40,177 species assessed using the IUCN Red List criteria are

now listed as threatened with extinction – a total of 16,11933

.

Generally, terrestrial biodiversity is up to 25 times greater than

ocean biodiversity.34

1.2.4 Types

By analyzing above stated definition it may be concluded that

biodiversity may be regarded as “the totality of genes, species and

ecosystems in a region”. This analysis also tells us that in simple

terms, biodiversity can be recognized at three main levels:

(i) Genetic Diversity

Genetic diversity refers to the variation of genes within

species. All living organisms store genetic information and function

according to the information coded in genes. The differences could

be an alleles (different variants of same genes), in entire genes (the

traits determining particular characteristics) or in chromosomal

33

Avialable at: http://news.nationalgeographic.com/news/2006. 34

Benton M.J. (2001). “Biodiversity on land and in the sea”. Geological Journal, 36 (3- 4): 211-

230.

21

structures. The genetic diversity enables a population to adapt to its

environment and to respond to natural selection. If a species has

more genetic diversity, it can adapt better to the changed

environmental conditions. Lower diversity in a species lead to

uniformity, as the case with large monocultures of genetically

similar crop plants e.g. Cultivated plants, wild relatives of crop

plants, domestic animals etc.

(ii) Species Diversity

It includes the whole range of organisms found on earth. The

number of identified species world-wide is between1.7 and 1.8

million. A large number of plant and animal species are yet to be

identified. The literal meaning of species is ‘a group of animals

or plants consisting of similar individuals capable of breeding

with each other’. Over 50 years ago biologist Ernst Mayer

proposed the biological species concept which defines species as

‘a group of actually or potentially inbreeding populations that are

reproductively isolated from other such groups’. The

conservation biologists consider species as fundamental units of

biodiversity. Although the biological species concept has some

flaws, it possesses three important features: (a) It is testable

definition; (b) it is compatible with legal concepts inherent in

conservation laws, because species can be identified as

independent entities. It is easier to assign protection, rights,

values and duties to species; (c) it focuses on a level of

biodiversity that fits traditional expressions of conservation.

22

(iii) Ecosystem Diversity

Ecosystem is a community of plants, animals and smaller

organisms that live, feed, reproduce and interact in the same area or

environment. So, it is at upper level of bio-diversity. When we find

various diversifications in an ecosystem, then it is called ecosystem

diversification. So, it includes ecosystem service which refers to a

service obtainable from the environment. Ecosystem services are the

transformation of natural assets (soil, plants and animals, air and

water) into things that we value. They can be viewed as provisioning

such as food and water; regulating, for example, flood and disease

control; cultural such as spiritual, recreational and cultural benefits;

or supporting like nutrient cycling that maintain the conditions for

life on Earth. Ecosystem, ‘good’ include food, medicinal plants,

construction materials, tourism and recreation and wild genes for

domestic plants and animals. It can be further categorized as:

Mountain & polar areas; Inland waters; Cultivated areas; Coastal

areas; Forest & Woodland areas; Dry lands; Urban areas; Islands

and Marine areas. According to Mr. S. Bisaliah, a renowned Multi-

stakeholder consultant, “Biodiversity is the basis for nutritional

adequacy and food security and hence it should be preserved and

managed for a sustainable future”.

The concept of biodiversity does not focus on any particular

species or ecosystem. But it is concerned with functions of ecosystems and

with their resilience. The concept simply embraces the variety of all species

and ecosystems regardless of their role, wherever located, and additionally

23

their interaction with particular physical conditions of the environment.

Biodiversity comprises three layers and a particular hierarchy35

:

(a) Variety of ecosystems,

(b) Variety of species, and

(c) Variety of genes

This three layer approach is generally accepted by natural scientists.

It also has legal status and is currently a part of international regimes.

Even more significantly, it forms the core of the widely accepted

Convention on Biological Diversity.

1.2.5 Hot-Spots

Hotspots are regions of rich biodiversity. The concept of

“Hot-Spots” was developed by Norman Myers in 1988 to designate

specific areas for in situ conservation. The hotspots are richest and

most threatened reservoirs of plant and animal life on earth. A

biodiversity hotspot is a region with a high level of endemic species.

Hotspots were first named in India in 1988 by Dr. Sabina Virk,36

many hotspots have large nearby human populations. While hotspots

are spread all over the world, the majority is forest areas and most

are located in the tropics. Brazil’s Atlantic Forest is considered one

such hotspot, containing roughly 20,000 plant species, 1,350

vertebrates and millions of insects, about half of which occur

nowhere else. The Island of Madagascar, particularly the unique

35

Wilson, E. O. 2002. Future of Life , pp. 10-11,Vintage Books, a division of Random House, Inc.

New York. 36

Mayers N. 1990. “The biodiversity challenge: expanded hot-spots analysis”, Environmentalist

10(4): 243-256.

24

Madagascar dry deciduous forests and lowland rain forests, posses a

high ration of endemism. Indian position is lacking far behind to

such areas but India has a lot of varieties in biodiversity hotspots.

Accurately measuring differences in biodiversity can be difficult.

Selection bias amongst researchers may contribute to biased

empirical research for modern estimates of biodiversity. In 1768

Gilbert White observed, “All nature is so full, that district produces

the most variety which is the most examined.37

The criteria for

determining hot spots are:

(a) Number of endemic species.

(b) Degree of threat which is measured in terms of habitat loss.

There are 25 hotspots in the world out of which two are in

India. They are Western Ghats and Eastern Himalayas. Hotspot

Himalayas are active centers of evolution and rich in diversity of

flowering angiosperms. Western Ghats have semi-evergreen forests.

Western Ghats include two main centers of biodiversity viz.,

Agastyamalai hills and Silent Valley.

1.2.6 Threatened Species and Endangered Species

A Threatened species is the one that is liable to become

extinct if not allowed to realize full biotic potential by providing

protection from exotic species/human exploitation/ habitat

deterioration/ depletion of food. Whereas, Endangered species is

facing danger of imminent extinction due to:

37 White G, The Natural History of Selborne; Letter, 8 October, 1768.

25

(i) Reduction in habitat

(ii) Abundance of predator / pollutant

(iii) Very few in number

Examples: Blue Whale, Asiatic Wild Ass (Rann of Kutch in

Gujarat), Lion tailed Macaque (South Indian Forests). The number

of Lion Tailed Macaque is only 195 because of destruction of

habitat, poaching for flesh and capturing.

1.2.7 Vulnerable Species and Rare Species

Vulnerable species are abundant population at present but

threatened with depletion in number due to some factor / factors, e.g.

DDT in bird population. Addax nasomaculatus, a member of

Antelope family, was once common from Egypt to Mauritania. It has

become extinct from Egypt, Libya, Algeria and Sudan.

Consequently, the number of Addax antelope continues to decline.

Rare species are species with naturally small populations,

either localized or thinly scattered, which are always at risk from

pests, predators, exotic species. Clouded Leopard of Himalayas is a

rare species because of poaching and loss of habitat. Great Indian

Bustard is a rare species of bird found in parts of Gujarat and

Rajasthan due to destruction of natural habitat and poaching.

1.2.8 Biosphere Reserves

They are multipurpose protected areas which are meant for

preserving genetic diversity in representative ecosystems by

protection of wild populations, traditional life style of tribals and

26

domesticated plant genetic resources. There are some 243 biosphere

reserves in 65 countries of the world. In India, 14 potential sites

were identified in 1979 by Core Advisory Group and 9 biosphere

reserves have been set up by now. Each biosphere reserve has :

(i) Core Zone: No human activity is allowed.

(ii) Buffer Zone: Limited human activity is permitted.

(iii) Manipulation Zone: Human activity is allowed but ecology is

not permitted to be disturbed.

(iv) Restoration Zone: Degraded area for restoration to near natural

form.

1.2.9 Threats to Biodiversity and Causes of its Depletion

The loss of biodiversity is one of the most critical current

environmental problems, threatening valuable ecosystem services and

human well being. A growing body of evidence indicates that current

species extinction rates are higher than the pre-human background rate38

.

According to a recent research paper39

, it has been estimated that

“Species are disappearing / becoming extinct currently at a rate that is

hundred times the normal rate historically. That makes it the sixth mass

extinction in the history of life on earth; the last was 65 million years ago

that wiped off the dinosaurs”.

Recent international instruments recognize that biodiversity`s future

may be facing serious threats, the origins of which are several and where

38

R. Dirzo et al. 2014. Defaunation in the Anthropocene. Science 345: 401-406. 39

Gerardo Cebaloss et al. 2015. Accelerated modern human-induced species loss: Entering the

sixth mass extinction. Science Advances 1 (4): e140053, 19 June, 2015.

27

both the causes and effects interact. These origins are sometimes referred to

as HIPPO.40

Today our precious biodiversity has been deteriorated by

indiscriminate acts of human beings. Human beings for their own selfish

needs harmed the environment which has lead to many threats to the

biodiversity. Due to human activities many species have become extinct or

are on the verge of extinction. It is pertinent to discuss the reasons which

lead to such extinctions.

(i) Habitat Loss and Degradation: Human activity affects 86% of all

the threatened birds, 86% of the threatened mammals assessed and

88% of threatened amphibians.41

The natural habitat may be

destroyed by man for his settlements, grazing grounds, agriculture,

mining, industries, dam buildings etc. As a consequence of this, the

species must adapt to the changes, more elsewhere or may succumb

to predation, starvation or disease, eventually dies. In India, several

rare butterfly species are facing extinction with the uncannily swift

habitat destruction of the Western Ghats.

Habitat destruction has played a key role in extinction,

especially related to tropical forest destruction.42

Factors

contributing to habitat loss are: over population, deforestation,

pollution (air pollution, water pollution, soil contamination) and

global warming or climate change.43

40

HIPPO stands for Habitat destruction, Invasive species, Pollution, Population and Over-

harvesting. Wilson 2002, p. 44. 41

According to news updated by IUCN on 7th

April, 2012. www.iucn.org. 42

Paul Ehilich & Anne Ehrlic, 2014. Extinction, Random House, New York. 43

Michael Hogan, 2010, Deforestation, Encyclopedia of Earth.

28

Habitat size and numbers of species are systematically

related. Physically larger species and those living at lower latitudes

or in forests or oceans are more sensitive to reduction in habitat area.

Conversion to standardized ecosystems (e.g. monoculture following

deforestation) effectively destroys habitat for the more diverse

species that preceded the conversion in some countries lack of

property right or tax law/ regulatory enforcement necessarily leads to

biodiversity loss (degradation costs having to be supported by the

community). Biodiversity and genetic diversity are codependent-

that diversity among species requires diversity within a species and

vice versa. “If anyone type is removed from the system, the cycle

can break down, and the community becomes dominated by single

species”. At present, the most threatened ecosystems are found in

fresh water according to the Millennium Ecosystem Assessment

2005. Co-extinctions are a form of habitat destruction. Co-extinction

occurs when the extinction or decline in one accompanies the other,

such as plants and beetles.44

(ii) Introduced and Invasive Species: When humans introduce species

for food and other purposes willingly, are termed as introduced

species. Barriers such as large rivers, seas, oceans, mountains and

deserts encourage diversity by enabling independent evolution on

either side of the barrier. Invasive species occur when those barriers

are blurred. Without barriers such species occupy new niches,

substantially reducing diversity. Not all introduced species are

44

L.P. Dunn, R.R. Sodhi, N.S. Colwell, H.C. Smith 2004. Species Co-extinctions and

Biodiversity Crisis.

29

invasive, nor all invasive species deliberately introduced. But, an

introduced species may unintentionally injure a species that depends

on the species it replaces. Introducing new species often leaves

endemic and other local species unable to compete with the exotic

species and unable to survive. The exotic organisms may be

predators, parasites or may simply out compete indigenous species

for nutrients, water and light. At present, several countries have

already imported many exotic species, particularly agricultural and

ornamental plants, that their own native species are at a risk of

elimination. Hybridization and introgression are side-effects of

introduction and invasion.

(iii) Over exploitation of natural resources: For instance, resource

extraction, hunting and fishing for food, pets and medicine. This is

one of the main causes of the loss of not only economic species but

also biological curiosities like the insectivorous, primitive species

and other taxa needed for teaching of lab work. Commercial

exploitation of wild plants has invariably meant their overuse and

eventual destruction.

(iv) Pollution: Water pollution especially injurious to the biotic

components of estuary and coastal ecosystem. For example,

excessive fertilizer and pesticide use leads to their excessive levels

in soil, water, plants and animals. Pollution alters the natural habitat.

Toxic wastes entering the water bodies disturb the food chain and so

to the aquatic ecosystems. Insecticides, pesticides sulphur dioxide,

nitrogen oxides, acid rain, and ozone depletion affect adversely the

plant and animal species. The impact of coastal pollution is also very

30

important it is seem that coral reefs are being threatened by pollution

from industrialization along the coast, oil transport and offshore

mining.

(v) Deforestation: One of the main causes for the loss of wild life is

population explosion and resultant deforestation. Deforestation

mainly results from population settlement, shifting, cultivation,

development projects, demand for fuel wood, demand of wood as a

raw material for many industries such as paper and pulp, match,

veneer and plywood, furniture etc.

(vi) Control of pest and predators: Predators and pest control

measures, generally kill predators that are a component of balanced

ecosystem and may also indiscriminately poison non target species.

(vii) Hunting: Man has always hunted the animals for food and

recreation, wild animals are hunted for their products such as hide

and skin, tusk, for meat, pharmaceuticals, perfume, cosmetics,

decoration purposes.

(viii) Collection for zoos and research: Animals and plants are

collected throughout the world for zoos and biological labs for study

and research in science and medicines.

(ix) Other factors: Other ecological factors that may also contribute to

the extinction of wildlife are as follows:

(a) Distribution range. The smaller the range of distribution, the greater

the threat of extinction.

(b) Degree of specialization. The more specialized an organism is, the

more vulnerable it is to extinction.

31

(c) Substitution. During the process of evolution an existing species

may be replaced by ecological another one.

(d) Position of the organism in the food chain. The higher the position of

the organism is in food chain, the more susceptible it becomes.

(e) Reproduction rate. Large organisms tend to produce fewer offspring

at widely spaced intervals.

(f) Outbreak of diseases. It is also one of the major causes for the

decline in wildlife species.

(g) Loss of gene flow. The individuals of plant and animal life may

decline to significant levels are result of loss of gene flow.

(h) Human-induced climate change: For example, climate change is

altering migratory species patterns and increasing coral bleaching.

Biodiversity is strongly affected by climate change, so we need to

make additional efforts to minimize the negative influence of other

factors, such as over-exploitation, habitat loss and fragmentation,

pollution and the spread of invasive alien species. This way we can

ensure that ecosystems are less vulnerable and more resilient to the

increasing threat posed by climate change. Biodiversity contributes

to climate change mitigation by storing carbon dioxide. Biodiversity

also helps people to adapt to climate change through providing the

ecosystem services which reduce their vulnerability and enhance

their adaptive capacity to change. This includes the coastal

protection provided by coastal mangrove forests from flooding and

coastal erosion caused by sea-level rise and more powerful storms.

Environmentalists fear that if the currently elevated species

extinction pace is allowed to continue, humans will soon be deprived

32

of many biodiversity benefits. On human time scales, this loss would

be effectively permanent because in the aftermath of past mass

extinction, the living world took millions of years to re-diversify.

Avoiding a real sixth mass extinction will require fast, greatly

intensified efforts to conserve already threatened species and to

release pressure on their population – notably habitat loss, over-

exploitation for economic gain and climate change. All of these are

related to human population size and growth, which enhances

consumption and economic inequality.

In line with the above analysis, the core problems of

deteriorating biodiversity are:

(i) The increasing extinction rate of species, i.e. more species are

disappearing – three per hour as estimated about two decades ago45

-

than new are evolving; and

(ii) The fact that extinction rate is accelerating, some opine that the rate

is now around 100 times faster than the natural average.46

These problems are the subject of international regulation and

governance and central to the international legal system`s role as a

controlling mechanism for protecting biodiversity presently as well

as in the future.

From time immemorial, nature has fed us, cured us and

protected us. But today the roles have switched. We need to feed

nature, we need to cure it and protect it if we want to secure a

45

Wilson 1994, p.268. 46

Paris Declaration on Biodiversity 2005, item 2.

33

healthy and prosperous future for our children. But the window of

opportunity is rapidly closing.

1.3 Sustainable Development

For preservation and conservation of biodiversity the practice

of sustainable development should be adopted. Sustainable

development, in a layman’s language means that development

should be done but not at the cost of environment. Environment and

biodiversity is very much inter-related to each other. Development is

necessary for catering human needs, but side by side, priority should

be given to conservation of our environment. E.g. if we construct a

factory by cutting 100 trees, then we should plant 100 more trees so

that balance should be made.

The concerned quarters are now trying to find out ways to all

kinds of development without destroying atmosphere. “All around

effort to find ways and means of ushering development without

destroying resources and polluting the atmosphere has to be the first

priority, for we need the earth more than it needs us”.47

It would be prudent to approach the issue of environment and

its protection with the consciousness that environment and

development is a co-existing reality and the focus should turn to its

complimentary rather than their commonly understood diametrically

position.48

47

Justice Leela Seth, “The National Environment, Tribunal Bill”, Centre for Environmental

Law WWF– India, 1993. 48

Sanjay Upadhaya, Environment Protection, Land and Energy Laws, p.3 (2000).

34

The modern age of Environmental Law can tentatively be

said to have begun sometime in the early 1970’s. There has been an

obvious shift in the emphasis of the law since then to reflect newer

environmental concerns. Many problems were simply not perceived

as such in the 1960’s or were subordinated to other more pressing

matters. The emphasis at that stage was safety and health matters. By

compression, the focus of modern legislation is on the control of

pollution and growing concern is being expressed about global and

trans-frontier pollution, the control of hazardous substances and

processes, the minimization of management of waste and the

conservation of natural resources and protection of ecosystems. In

short, current concerns tend to reflect the need to control the almost

inevitable by popularized products of the modern, technological,

industrial age.49

The term Sustainable Development was used in 1987 by the

World Commission on Environment and Development. Since then it

is being freely and frequently used in academic, legal, social,

political and business circles. The term sustainable development

consists of two parts Sustainable and Development. Sustainable

means to sustain any activity so that it passes the environment with

flora and fauna to the coming generation and development relates to

the modernization of human being’s living standard.

In this modern era, man has provided various facilities to

himself on each and every step of life, with his scientific and

49

Simon Ball and Stuart Bell, “Environmental Law”, 11-12 (1996).

35

technological knowledge, he has exploited nature and excessive use

of power. In developed nations, exploitation of natural resources is

done at a large scale. But in developing nations, while doing efforts

of development they can side by side save environment with the

practice of sustainable development.

Sustainable development means an integration of

development and environmental imperatives. To be sustainable,

development must possess both economical and ecological

sustainability for the benefit of future generations and present

generations and must be modest in the exploitation of natural

resources. Economic growth is an important component but cannot

be a good in itself. The real aim must be to improve the quality of

human existence to ensure people to enjoy long, healthy and

fulfilling lives.50

“Precautionary Principle” an important principle of

sustainable development underlies sustainable development and

requires that the developmental activity must be stopped and

prevented if it poses threat of serious and irreversible environmental

damage. The Preamble of UN Conference on Human Environment

held at Stockholm, 1972, read as follows:

“To defend and improve the environment for present and

future generations has become an imperative goal for mankind.”51

50

Gurdip Singh, Environmental Law: International and National Perspective, p. 210, 1995 (1st

Edition). 51

Preamble, the United Nation Charter, 26th

June, 1945.

36

So, for conserving biodiversity, sustainable development is

needed. However, environmental/ecological sustainability is still

struggling to become part of the international legal order or legal

system.52

Undoubtedly, the reasons for this are many. Some are

related to certain principles of the international legal order and some

to the particular features of international biodiversity law including

the legal situations when no particular treaties have been agreed on.

In relation to the principles it is of significance how they function

within the international legal order and at the national level in

situations when there is no lex specialis available.53

The fundamental

principles that are of special interest are enshrined in Principle 2 of

the Rio Declaration: (i) The sovereign right of the states to use their

natural resources, and (ii) the obligation of states to prevent

environmental damage. Though there are exceptions, the states are

free to undertake any action or activity within their jurisdiction.

These principles seem to be ill-suited to the safe protecting and

managing of the complex global environmental problems that are

currently threatening mankind`s future on Earth. Another principle

that arouses interest is the one of ‘state responsibility.’ Because if

states fail to prevent environmental damage then state responsibility

may be triggered.

At the international level the treaty-making has been going on

over the last three decades and it is to be seen whether these can

respond adequately to the core needs of environmental sustainability.

52

Supra note13 at p.143. 53

Id. p. 634.

37

States have actually accepted various international obligations that

can only be made legally operational by altering or enacting new

national legislation. Only if this actually comes to pass, can the

behavior of individuals and legal entities be changed; and with them,

eventually, also the status of biodiversity in nature and the

furtherance of environmental sustainability.

The motivations for undertaking the present work are several.

One being the growing general public doubts about whether the legal

approaches reflected in so many books, articles and studies on laws

affecting the environment are sufficient. Perhaps they can convey a

false sense of security for the present and future generations as far as

their effective ability to support and restoration of environmental

sustainability is concerned. Another fact is that many international

treaties affecting the environment hold soft provisions. This method

has implications not all of which are in favour of biodiversity

conservation. One obvious instance is that individual states are free

to interpret such provisions in ways that serve their own private

(usually economic) interests, which are not essentially compatible

with promoting long-term environmental sustainability.

Several such issues call for fresh viewpoints and re-

evaluation of the legal systems`s ability to adapt to the principles of

environmental sustainability.

1.4 Hypothesis

The hypothesis underlying the present research is that the current

legal system is not effective to cope with the huge degradation of

38

environment and ecology. Some fundamental principles of international

and national laws pertaining to environmental protection and biodiversity

conservation are either interacting positively or otherwise toward the

possible realization of environmental sustainability.

1.5 Objectives of the study

The present study has the following objectives:

(1) To analyze some fundamental principles of international biodiversity

law and sustainable development.

(2) To evaluate and discuss Indian constitutional and legislative

framework in biodiversity conservation and environmental

sustainability.

(3) To analyze the role of judiciary in environmental protection and

biodiversity conservation in India.

1.6 Methodology

In the present study the method followed is cross- and trans-

disciplinary one. The ideas presented for discussion are based on the

existing literature. The study`s methodological approach broadly reflects a

mainstream legal dogmatic method i. e. describing and analyzing the rights

and duties of states. The international legal order is viewed as an

overarching (covering everything) control system, composed of several

multi-leveled and interacting international and national legal systems. The

most pertinent question for the study is how the application of controlling

(legal) systems affects biodiversity and environmental sustainability. This

39

calls for the analysis of certain components within the system. The study

strives to demonstrate the influence of environmental agreements, treaties

and policies in relation to achieving sustainability with emphasis on

biodiversity law.

In line with the present study`s objectives, it relies upon the

traditional legal sources, others perhaps less usual in legal research, recent

policy documents, ruling of the courts and tribunals. One of the hallmarks

of the environmental law is that its effectiveness can be measured in certain

cases. Thus official reports are very important as they furnish information

on the factual status of biodiversity and the threats it is encountering. Also,

findings from other disciplines have been useful. Last but not least the

present study relies upon opinions, theories and conclusions of many

authors in international as well as national laws, especially pertaining to

environment and biodiversity. Due to large body of literature available, as

well as diverse points of view on issues related to sustainable development,

biodiversity and environmental sustainability, choices had to be made.

1.7 Importance of the Study:

The present work is an effort to study about the concept of

biodiversity conservation and related laws enacted in India. So, this

study will enable the reader to get knowledge about the various laws

that were present before independence as well as post British period.

It is a critical research study of these laws and their working as well

as the steps taken by Indian Government in this regard. Right to live

in a healthy environment is a basic human right and a common man

must know about this right. Every citizen of this country owes a duty

40

to save environment and to abide by this duty, one must have

knowledge about its related laws and penalties. If we are enjoying

rights, we must have the duty to let other enjoy their basic rights. So,

a positive approach is more towards this concept in the present

study.

In 1991, the Supreme Court of India held in the case of M.C.

Mehta v. Union of India54

, that only a few have clear ideas about

what needs to be done and still few have the actual experience or

expertise in the field of Environmental Law. Unfortunately,

environmental awareness campaigns have very often been exploited

for political propaganda rather an integral part of our educational

programme in theory and practice. “Environment” is very wrongly

taken as a “fashion” by all walks of life, hardly realizing that it is our

“real life situation” and our sustenance and security are at stake.

Even if we begin today, the restoration is expected in next 40-50

years.

1.8 Scope of the Study

The scope of biodiversity and its related laws in India is very

broad based. It encompasses a large number of areas and aspects.

The prime concern of Environmental Laws is to propagate the

concept of biodiversity conservation through sustainable

development applied in Indian laws. The scope of Biodiversity

Conservation and Environmental Laws in India includes:

54

AIR 1988 SC 1037.

41

1. Fundamental Laws and aspects of environment and its relationships

with man and society.

2. Natural resources- their conservation and management with the help

of environmental laws in India.

3. Environmental pollution and control by National Green Tribunal

enacted for environment preservations according to procedural laws.

4. Indian commitment to international community in the form of

conventions and treaties.

Environmental Law and concept of biodiversity conservation

is very important since it deals with the most mundane problems

dealing with safe and clean drinking water, hygienic living

conditions, clean and fresh air, fertile land, healthy food and

development. If we want to live in a clean, healthy, aesthetically

beautiful, safe and secure environment for a long time and wish to

hand over a clean and safe earth to our children, grand children and

great grand children, it is most essential to understand the basics of

environmental law and its related rights and duties.

1.9 Scheme of the Study

The present study is divided into five chapters:

Chapter I pertains to Introduction which comprises the basic

concepts about Biodiversity and Environmental Awareness. The

importance, objectives, methodology and scope of the study have

also been mentioned here.

Chapter II comprises Legal Foundations to Biodiversity

Conservation which embodies International Conventions and

42

Conferences related to the concept of biodiversity conservation. This

chapter also consists of various measures and principles pertaining to

biodiversity conservation e.g. Polluter Pays Principle, Victims Pay

Principle, Precautionary Principle, Environment Impact Assessment

etc. These topics are evaluated and concluded.

Chapter III includes the matters pertaining to biodiversity

conservation in Indian Laws. In this chapter, various Acts and other

Enactments are discussed which are divided into Post-British and

Pre-British period. It also embodies the treaties and other obligations

which India has adopted as a responsible nation in the form of

signatory or contracting party. It also includes the Constitutional and

Procedural provisions relating to Biodiversity Conservation which

are specifically provided in Indian Law.

Chapter IV comprises the Judicial Approach in Biodiversity

Conservation which includes important cases relating to the

enactments made in India.

Chapter V consists of Conclusions and Suggestions in which

it is submitted that how environment and biodiversity can be

conserved, and laws can be implemented in our society.

It is followed by relevant Bibliography and other sources that

have been utilized in the compilation and presentation of the present

research work. The ideas presented for discussion are based on

existing literature. The approach followed is cross- and trans-

disciplinary one.