Day 53 Mains Questions – Ace Answer Writing Program

Question 1: Analyze the effectiveness of the National Biodiversity Act, 2002, in conserving India’s biodiversity. How does the Act align with international conventions like the Convention on Biological Diversity (CBD)? (10 Marks, 150 words)

Introduction

The National Biodiversity Act, 2002, was enacted to conserve India’s rich biodiversity and ensure sustainable use of its components, in alignment with Article 48A of the Constitution and India’s obligations under the Convention on Biological Diversity (CBD).

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Effectiveness of the National Biodiversity Act, 2002, in Conserving Biodiversity –

1. Conservation Measures: The Act establishes frameworks for the conservation of biological resources through Biodiversity Management Committees (BMCs), promoting community involvement in conservation efforts.
2. Sustainable Use: It encourages the sustainable use of biological resources by regulating access to genetic resources and ensuring benefit-sharing with local communities, as seen in the guidelines for bioprospecting.
3. Equitable Benefit Sharing: The Act provides for the equitable sharing of benefits arising from the use of biological resources, which is critical in protecting the rights of indigenous and local communities.
4. Protection of Traditional Knowledge: The Act safeguards traditional knowledge associated with biodiversity, preventing biopiracy, exemplified by the registration of traditional medicinal practices.
5. Legal Enforcement: The Act empowers the National Biodiversity Authority (NBA) to enforce compliance and adjudicate disputes, though challenges in implementation persist due to limited awareness and capacity.

Alignment with International Conventions Like the CBD –

1. Conservation Goals: The Act aligns with the CBD’s objective of conserving biological diversity by establishing national strategies and action plans for biodiversity conservation.
2. Sustainable Use: It mirrors the CBD’s emphasis on sustainable use of biological resources, ensuring that exploitation does not threaten biodiversity, as seen in access and benefit-sharing mechanisms.
3. Access and Benefit Sharing (ABS): The Act operationalizes the CBD’s ABS provisions, facilitating fair and equitable sharing of benefits derived from genetic resources.
4. Protection of Indigenous Rights: The Act upholds the CBD’s commitment to protecting the rights of indigenous communities, particularly in the context of traditional knowledge and resource use.
5. International Cooperation: The Act fosters international cooperation in biodiversity conservation, aligning with the CBD’s framework for global biodiversity governance.

Conclusion

The National Biodiversity Act, 2002, has been effective in establishing a legal framework for conserving India’s biodiversity and aligning with international conventions like the CBD. However, challenges such as limited awareness and enforcement capacity need to be addressed to enhance its effectiveness in achieving long-term conservation goals.

Additional Data and Committees for Value Addition –

1. Nagoya Protocol: India’s commitment to the Nagoya Protocol under the CBD further strengthens its access and benefit-sharing mechanisms.
2. National Biodiversity Authority (NBA): Plays a key role in implementing the provisions of the National Biodiversity Act, ensuring compliance with the CBD.
3. Biological Diversity Rules, 2004: These rules supplement the Act by providing detailed guidelines on its implementation, particularly in access and benefit-sharing frameworks.

Question 2: Discuss the role of India in global biodiversity initiatives, such as the Bonn Challenge and the Aichi Biodiversity Targets. What are the challenges and successes India has faced in meeting these international commitments? (10 Marks, 150 words)

Introduction

India, as a biodiversity-rich country, has actively participated in global biodiversity initiatives such as the Bonn Challenge and the Aichi Biodiversity Targets. These efforts align with India’s commitment to preserving its natural heritage and contributing to global environmental goals.

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India’s Role in Global Biodiversity Initiatives –

1. Bonn Challenge Commitment: India pledged to restore 26 million hectares of degraded land by 2030, playing a crucial role in global forest landscape restoration.
2. Aichi Biodiversity Targets: India has worked towards the Aichi Targets, particularly in increasing protected area coverage, enhancing its network of national parks and wildlife sanctuaries.
3. Policy Integration: National policies like the National Biodiversity Action Plan (NBAP) have been aligned with international biodiversity goals to ensure cohesive conservation efforts.
4. Global Leadership: India has emerged as a leader in promoting ecosystem restoration and conservation, highlighted by initiatives such as the International Day for Forests.
5. Advocacy for Equitable Resource Use: In international forums, India advocates for fair resource use and benefit-sharing, reflecting its commitment to biodiversity diplomacy.

Challenges in Meeting International Commitments –

1. Land Restoration Difficulties: Despite its commitments, India faces challenges in restoring degraded land due to competing land-use priorities and limited financial resources.
2. Biodiversity Loss: Ongoing biodiversity loss from habitat destruction, deforestation, and pollution hampers India’s progress towards achieving Aichi Targets.
3. Implementation Gaps: While policies like the NBAP are well-aligned with global goals, inconsistent implementation at local levels affects the effectiveness of conservation efforts.
4. Funding Constraints: Adequate funding for large-scale restoration and conservation projects remains a significant challenge, limiting the scope of India’s efforts.
5. Community Integration: Engaging local communities in biodiversity projects is challenging, especially in balancing development needs with conservation goals.

Successes in Meeting International Commitments –

1. Protected Area Expansion: India has successfully expanded its network of protected areas, contributing to Aichi Target 11, with over 5% of its land now under protection.
2. Afforestation Efforts: Programs like the National Afforestation Programme (NAP) have helped India make progress in land restoration under the Bonn Challenge.
3. Community-Led Conservation: There have been notable successes in community-led conservation initiatives, especially in preserving critical habitats and species.
4. Policy Frameworks: The integration of global biodiversity goals into national policies has provided a robust framework for conservation efforts, guiding effective action.
5. International Recognition: India’s efforts in biodiversity conservation have been recognized globally, enhancing its reputation as a key player in environmental sustainability.

Conclusion

India’s engagement in global biodiversity initiatives like the Bonn Challenge and the Aichi Biodiversity Targets demonstrates its commitment to environmental conservation. While significant successes have been achieved, particularly in protected area expansion and policy alignment, challenges such as land restoration and biodiversity loss require ongoing attention. Continued efforts are essential for India to fully meet its international commitments and sustain its biodiversity heritage.

Question 3: Evaluate the impact of recent amendments to the Indian Forest Act on forest conservation and tribal rights. How do these changes balance environmental protection with developmental needs? (15 Marks, 250 words)

Introduction

The Forest (Conservation) Amendment Act (FCAA) of 2023, which was passed by Parliament in July 2023 introduces significant changes to the Forest Conservation Act. The amendments aim to streamline forest land management, particularly in areas critical for national security and infrastructure development.

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Impact on Forest Conservation –

1. Narrowed Land Coverage: The amendment narrows the Act’s coverage to specific categories of land, potentially reducing the overall area under strict forest conservation, impacting biodiversity protection.
2. Exemptions for National Security: Exemptions for land use within 100 km of borders and in Left Wing Extremism-affected areas may lead to deforestation in ecologically sensitive zones, posing a threat to wildlife corridors.
3. Expansion of Conservation Activities: The inclusion of zoos, safaris, and eco-tourism in conservation efforts could support wildlife preservation but might also commercialize forest areas, leading to habitat disturbance.
4. Compensatory Tree Plantation: The amendment mandates compensatory tree plantation to offset deforestation, but the effectiveness of such measures depends on implementation quality and ecological suitability.
5. Potential for Misuse: Critics argue that the amendment may facilitate the takeover of forest land for commercial use, weakening forest protection and undermining the rights of forest dwellers.

Impact on Tribal Rights –

1. Exemption of Certain Lands: The exemptions for national security and infrastructure projects may lead to the displacement of tribal communities, threatening their traditional livelihoods and cultural practices.
2. Violation of Forest Rights Act: By making it easier for the government to take over forest land, the amendment potentially violates the Forest Rights Act of 2006, which recognizes the rights of forest dwellers and gram sabhas as protectors of forests.
3. Reduced Role of Gram Sabhas: The reduced role of gram sabhas in decision-making about forest land use weakens community governance and may lead to conflicts over land rights.
4. Impact on Livelihoods: The increased ease of converting forest land to non-forest use could disrupt the livelihoods of tribal communities who depend on forests for their sustenance.
5. Loss of Cultural Heritage: The potential displacement and reduced control over forest lands could lead to the loss of cultural heritage and traditional knowledge associated with forest-dwelling communities.

Balancing Environmental Protection with Developmental Needs –

1. Support for Strategic Development: The amendment facilitates the use of forest land for national security and infrastructure, addressing strategic needs but raising concerns about environmental degradation.
2. Environmental Offsetting: The compensatory tree plantation requirement attempts to balance development with conservation, though the long-term effectiveness of this approach is debated.
3. Expedited Land Use for Public Projects: The exemptions aim to speed up the execution of public utility projects, potentially benefiting economic development but at the cost of environmental sustainability.
4. Safeguarding Security Interests: Prioritizing national security in forest land use reflects a strategic balance but may undermine comprehensive environmental protections in sensitive areas.
5. Need for Stronger Oversight: Ensuring that developmental activities do not compromise environmental and tribal rights will require robust oversight mechanisms and greater transparency in the implementation of the amendment.

Conclusion

The Forest (Conservation) Amendment Act of 2023 presents a complex balance between forest conservation, tribal rights, and national development needs. While it addresses strategic and infrastructural imperatives, it raises significant concerns regarding the potential erosion of environmental protections and tribal rights. Achieving a sustainable balance will require careful monitoring and the implementation of robust safeguards to protect both forests and the communities that depend on them.