It is the duty of all nations to protect the environment. India like other developing
country is daunted with many challenges of having a developed economy on one hand
and on the other preserving and protecting environment. Major environmental problems
have resulted in India from the use (and more often misuse) of natural resources base.
1 Biodiversity is hence crucial not only for socio-economic and industrial
development of a nation but for maintaining environment stability such as forest,
water resources and flora fauna. Forest biodiversity has its significance due to its
reduction on the earth. Hence the author likes to concentrate more on legislations
and decisions of the Apex Court in this regard.
2 Biodiversity and International Scenario
For the development of civilized society biodiversity cannot be ignored and has been
recognized not only in earlier civilization but also by the today’s scientific world. Until
the early 1980s, the focus was still on wild species of plants and animal protection both
at national and international level. The shift came when developing countries’ government raised questions on protection of wild life and plant. To answer this, a hot debate
took place which resulted in the Convention on Biological Diversity (CBD) which was
signed in 1992 at the 1992 UN Conference on Environment and Development
(UNCED) in Rio de Janeiro and ratified in 1993.
2 This convention is a comprehensive
and a binding agreement covering the use and conservation of biodiversity. The convention aims at implementing strategies for sustainable use and protection of biodiversity, and provides a platform by organizing conferences where parties have a dialogue on
issues related to biodiversity. In other words, its objective is to develop national
strategies for the conservation and sustainable use
3 of biological diversity. This is the key
to sustainable development. The convention reminds decision-makers that natural
resources are not infinite and sets out a philosophy of sustainable use.
The convention is a multilateral treaty. Its objects are conservation of biological
diversity, sustainable use of its components and fair and equitable sharing of benefits
arising from genetic resources. It requires countries to have their own strategies on
all the sectors which impact (positive or negative) on biodiversity. The countries are
required to bring biodiversity into their mainstream of planning and activities. And
in line with this countries have prepared policies and legislations to conserve natural
resources.
4 Under this convention, forest biological diversity is a broad term which
refers to all the life forms found in the forest areas including plants, animals and
1
Dr. Madhuri Parikh, ‘The Forest Conservation in India and the Role of Indian Supreme Court:
A Critical Analysis’, IOSR Journal of Humanities And Social Science, vol. 13, Issue 4, pp. 55–56.
2
Entered into force on 29th December, 1993.
3
The organizing principle for sustainability is sustainable development, which includes the four
interconnected domains: ecology, economics, politics and culture.
4
Under Article 6 of National Biodiversity Strategies and Action Plans.
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S.V. Nadagoudar
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