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 Biological Diversity (Amendment) Bill, 2023

The Biological Diversity (Amendment) Bill, 2021, has been approved by the Lok Sabha.

Background:

• In alignment with India's commitments under the 1992 Convention on Biological Diversity (CBD), the Parliament enacted the Biological Diversity Act, 2002. The CBD recognizes sovereign rights over biological resources, allowing countries to regulate access in accordance with their national legislation.
• The Act governs access to biological resources and associated traditional knowledge through a three-tier structure comprising the National Biodiversity Authority (NBA) at the national level, State Biodiversity Boards (SBBs) at the state level, and Biodiversity Management Committees (BMCs) at the local body level.

In December 2021, the Lok Sabha introduced the Biological Diversity (Amendment) Bill, 2021, seeking to amend the Biological Diversity Act, 2002 with the following objectives:

• Encourage the Indian system of medicine and the cultivation of wild medicinal plants.
• Facilitate the expedited processes for research, patent application, and the transfer of research results.
• Decriminalize offenses.
• Promote foreign investment in the sector.

Key Provisions of the Biological Diversity (Amendment) Bill, 2021

Access to Biological Resources and Associated Knowledge:

• The Biological Diversity Act mandates prior approval or intimation to the regulatory authority based on the entity's origin for obtaining biological resources in India or associated knowledge. The Bill amends the classification of entities, the list of activities requiring intimation, and introduces exemptions.

Approval for Intellectual Property Rights (IPR):

• The Act requires NBA approval before applying for IPR involving biological resources from India or sealing a patent. The Bill modifies this requirement, making approval necessary before the grant of IPR instead of before the application.

Benefit Sharing:

• The Act mandates NBA to determine benefit-sharing terms while granting approvals. Benefit sharing involves applicants sharing monetary and non-monetary benefits with benefit claimers and local people. Benefit claimers are biodiversity conservers or holders of associated traditional knowledge. The Bill removes the applicability of benefit-sharing provisions from research, bio-survey, and bio-utilization.

Offences and Penalties:

• The Act penalizes offenses such as failing to obtain approval or provide prior intimation for various activities, with imprisonment up to five years or a fine or both. The Bill decriminalizes these offenses, replacing imprisonment with a penalty ranging from one lakh rupees to Rs 50 lakh.

Criticism of the Biological Diversity (Amendment) Bill, 2021

Reduced role of Local Bodies –

• The Bill removes the direct role of local bodies and benefit claimers in determining mutually agreed terms. 
• The Act states that while granting approvals for various activities, National Biodiversity Authority (NBA) will determine terms for benefit sharing. 
• Such approval should be in accordance with the mutually agreed terms between the applicant, concerned local bodies, and benefit claimers.
• The Bill amends this to require that approvals should be in accordance with mutually agreed terms between the applicant and the concerned Biodiversity Management Committee represented by NBA. 
• Thus, benefit claimers and local people will not be directly involved in setting the terms and conditions.

Removal of Prior Informed Consent –

• Further, there is no provision for a mechanism for obtaining prior informed consent of the local and indigenous communities. 
• This may be in contrast with the framework under Nagoya Protocol.
• Nagoya Protocol requires a signatory country to ensure that prior informed consent or approval and involvement of indigenous and local communities is obtained for access to genetic resources and traditional knowledge.

Change of Adjudicating Authority –

• The Bill changes the adjudicating authority from a Judge to a government official. 
• The penalty decisions will be based on an inquiry instead of a judgement after arguments in an open court.
• The question is whether it is appropriate to confer such discretion to government officials.

Protection of Plant Varieties And Farmers' Rights

The Delhi High Court recently affirmed a decision by the Protection of Plant Varieties and Farmers’ Rights Authority (PPVFRA) to invalidate the intellectual property protection granted to PepsiCo India Holdings Pvt. Ltd for a potato variety it had developed.

About Protection of Plant Varieties and Farmers' Rights Authority

Statutory Body Creation:

• Established through a parliamentary act.
• Operates under the Ministry of Agriculture and Farmers Welfare, Department of Agriculture, Cooperation.

Formation:

• Enacted the "Protection of Plant Varieties and Farmers' Rights (PPV&FR) Act, 2001" to establish an effective system.
• Recognizes contributions of both commercial plant breeders and farmers.
• Adopts a sui generis system and aligns with TRIPs for socio-economic interests.

Establishment:

• The Authority was founded on November 11, 2005, to implement the provisions of the PPV&FR Act.

Structure:

• The Chairperson serves as the Chief Executive.
• The Authority comprises 15 members, as notified by the Government of India.
• Membership includes ex-officio representatives, individuals from SAUs, State Governments, and nominees for farmers, tribal organizations, seed industry, and women organizations.
• The Registrar General holds the position of ex-officio Member Secretary.

General Functions:

• Registration of new plant varieties, essentially derived varieties (EDV), and extant varieties.
• Development of Distinctiveness, Uniformity, and Stability (DUS) test guidelines for new plant species.
• Characterization and documentation of registered varieties.
• Provision of compulsory cataloging facilities for all plant varieties.
• Documentation, indexing, and cataloging of farmers' varieties.
• Recognition and rewarding of farmers and communities engaged in conservation.
• Preservation of plant genetic resources, including the maintenance of the National Register of Plant Varieties.
• Maintenance of the National Gene Bank.

Tiger Conversation In India

Recently, the government unveiled a comprehensive report on the All India Tiger Estimation-2022 and the final report of the 5th cycle of Management Effectiveness Evaluation of Tiger Reserves, coinciding with International Tiger Day on July 29. These reports underscore the achievements in tiger conservation efforts in India.

What are the main outcomes of the All India Tiger Estimation-2022?

• The upper limit of the tiger population is estimated at 3925, with an average of 3682 tigers, indicating an annual growth rate of 6.1%.
• India presently hosts nearly 75% of the global wild tiger population.
• Central India and the Shivalik Hills and Gangetic Plains have witnessed a significant rise in tiger numbers, especially in the states of Madhya Pradesh, Uttarakhand, and Maharashtra.
• However, some areas, like the Western Ghats, have experienced localized declines.
• Madhya Pradesh has the largest tiger population at 785, followed by Karnataka (563), Uttarakhand (560), and Maharashtra (444).
• Corbett Tiger Reserve has the highest tiger abundance (260), followed by Bandipur (150), Nagarhole (141), Bandhavgarh (135), and Dudhwa (135).
• About 35% of the tiger reserves urgently require increased protection measures, habitat restoration, ungulate augmentation, and subsequent tiger reintroduction.
• Final Report of the 5th Cycle of Management Effectiveness Evaluation of Tiger Reserves

Regarding Management Effectiveness Evaluation:

• Management Effectiveness Evaluation (MEE) is adopted from the framework of the International Union for Conservation of Nature and Natural Resources (IUCN) World Commission on Protected Areas.
• MEE serves as a crucial tool for enhancing the management of Tiger Reserves and their associated landscape connectivity.
• In the fifth cycle of 2022, 51 out of 53 Tiger Reserves underwent independent evaluation through the MEE process.
• The MEE assessment involves 33 criteria, and each Tiger Reserve received a percentage rating based on the scores of all 33 criteria/indicators.

Key findings from the MEE:

• The overall mean score for 51 Tiger Reserves is 78.01%.
• 12 Tiger Reserves achieved the 'Excellent' category with a rating greater than or equal to 90 percent.
• 21 Tiger Reserves fell into the 'Very Good' category with a rating between 75-89 percent.
• 13 Tiger Reserves achieved a 'Good' rating in the range of 60-74 percent.
• 5 Tiger Reserves were classified as 'Fair' with a rating between 50-59 percent.

What is Project Tiger and National Tiger Conservation Authority (NTCA)?

• Project Tiger was launched in 1973 to promote conservation of the tiger. It came at a time when the population of tigers in India was rapidly dwindling, due to unfettered hunting and habitat loss.
• Project Tiger is an ongoing Centrally Sponsored Scheme of the Ministry of Environment, Forests and Climate Change providing central assistance to the tiger States for tiger conservation in designated tiger reserves.
• The National Tiger Conservation Authority (NTCA) is a statutory body of the Ministry, with an overarching supervisory / coordination role, performing functions as provided in the Wildlife (Protection) Act, 1972.

What are the achievements of Project Tiger?

• Population increase: In 1970s, the tiger population was estimated to be around 1800. Project Tiger started in 1973 with 268 tigers. Now, the tiger population is estimated to be 3925.
• Expansion of Tiger reserves: The initial number of 9 tiger reserves across 18,278 sq km of land in 1973 has now expanded to 53 tiger reserves cumulatively protecting an area of 75,796.83 sq km, approximately 2.3 per cent of the country’s geographical area.
• Protecting other species: The ban on hunting to protect tigers resulted in the population of numerous other animals experiencing an increase.

Why the conservation of tigers is essential:

Preserving the Ecosystem:

• Tigers play a crucial role in maintaining the health and diversity of ecosystems.
• As top predators, they regulate the population of wild ungulates, ensuring a balance between herbivores and vegetation.
• The presence of tigers serves as an indicator of the overall well-being of the ecosystem.

Protecting Water Sources:

• Tiger habitats often coincide with vital watersheds.
• Safeguarding these tiger-inhabited forests proves to be a highly cost-effective method for preventing droughts, minimizing flooding, and mitigating the impacts of climate change.
• For instance, Srivilliputhur Megamalai, the 51st Tiger Reserve in southern India, protects over 1,000 sq km of critical river habitat.

Conservation Benefits for Other Species:

• Tiger-protected areas contribute to the preservation of various other species.
• Examples include the Manas Tiger Reserve in Assam, which supports the pygmy hog and the Bengal florican.
• The presence of tigers enhances the overall protection of these and numerous other species that share the same habitat.

What are the threats to tiger conservation?

• Tiger conservation faces numerous challenges, including climate change-induced impacts on habitats and the gradual degradation of forest quality. Despite the vast expanse of forests in tiger states, only one-third remain in relatively healthy conditions.
• Illegal wildlife trade poses a persistent threat, driven by the ongoing demand for tiger products, leading to continued poaching for profit.
• The loss of habitat and decline in prey species contribute significantly to the long-term peril faced by tigers. Large-scale habitat degradation, driven by factors such as agricultural expansion, deforestation for development projects like roads and railways, and hydel projects, have fragmented tiger habitats, forcing them into smaller, scattered islands. Tigers, known for requiring expansive territories, also suffer from a significant reduction in natural prey populations in key habitats.

Different regions face distinct threats to tiger conservation:

• Central Indian region: Wildlife habitats in this area encounter threats such as habitat encroachment, illegal hunting, conflicts with humans, unregulated cattle grazing, excessive harvesting of non-timber forest products, forest fires, mining, and expanding infrastructure.
• North Eastern Hills and Brahmaputra region: This region is grappling with challenges like habitat loss, poaching, and human-wildlife conflicts.
• Sundarbans: In the Sundarbans, both the tiger population and landscape are under threat from biotic interference, including forest exploration, fishing, palm and timber extraction, and the expansion of waterways.

What should be the way ahead for tiger conservation?

• The path forward for tiger conservation necessitates a comprehensive landscape approach, focusing on the entire ecosystem. Landscape planning should prioritize the creation of corridors to facilitate the free movement of dispersing tigers. Providing equal protection to tigers outside designated reserves is crucial, emphasizing habitat improvement beyond reserves to enhance the availability of food, water, and cover for both tigers and their prey.
• Addressing the illegal trade of tiger organs requires coordinated efforts among various departments, including forests, customs, postal services, police, and paramilitary forces like ITBP, SSB, and BSF. Collaboration with international organizations such as CITES, IUCN, and Traffic is essential to monitor factors driving demand, identify hot spots, and combat illegal activities operating beyond Indian borders. Strengthening surveillance, intelligence gathering, and coordination among national and international agencies will contribute to the success of tiger conservation in India.
• Prioritizing the estimation of carrying capacity in tiger reserves is essential to determine the optimal tiger population each reserve can sustain. Translocating excess animals to reserves with tiger deficits can further bolster tiger populations. Successful examples include Sariska Tiger Reserve in Rajasthan, Panna Tiger Reserve in Madhya Pradesh, and Rajaji Tiger Reserve in Uttarakhand, which have thrived with their translocated tiger populations.

Conclusion

• While the increase in the tiger population is promising, continued efforts are essential to ensure the survival of this magnificent species and protect the overall health of forested ecosystems. Tigers represent not only a crucial aspect of India's wildlife heritage but also symbolize the country's ecological richness and economic well-being. 
• A holistic approach, involving governments, NGOs, local communities, and businesses, is vital to address various challenges such as habitat preservation, population connectivity, human-tiger conflicts, and threats like habitat loss, poaching, and illegal trade. Strategies should also include habitat restoration, the augmentation of prey populations, and the strategic reintroduction of tigers in low-density areas to mitigate conflict issues.

Forest Conservation (Amendment) Bill, 2023

A parliamentary committee, established to review suggested changes to the Forest (Conservation) Act of 1980, has given its full endorsement to the proposed amendment Bill. 

• The objective of formulating the Indian Forest Act of 1927 was the management of timber and other forest resources. This legislation empowers state governments to designate any forest land they own as reserved or protected forests, with all land rights subject to the Act's provisions. 
• The Forest (Conservation) Act of 1980 was introduced to curb extensive deforestation, mandating the central government's approval for any diversion of forest land for non-forest purposes. The 2019 report from the Standing Committee on Science and Technology, Environment, and Forests highlighted increased pressure on forest land due to factors like industrial demands, agriculture, and the need for forest produce. 
• The 1980 Act imposes specific restrictions on diverting forest land for non-forest purposes, and the Forest (Conservation) Amendment Bill seeks to modify the criteria for including and excluding forest land under the Act's purview.

Key Features of the Forest (Conservation) Amendment Bill, 2023

Coverage of Land under the Act

The Bill outlines that two categories of land will fall under the jurisdiction of the Act:

• Land declared or notified as a forest under the Indian Forest Act, 1927, or any other applicable law.
• Land not falling under the first category but notified as a forest on or after October 25, 1980, in a government record.

Exempted Land Categories

• Certain types of land are exempted from the Act's provisions according to the Bill, including forest land along a government-maintained rail line or public road.

Assignment/Leasing of Foreign Land 

• The Act currently requires state government approval from the central government for assigning forest land to entities not owned or controlled by the government. 
• The Bill extends this condition to all entities, including those government-owned and controlled, with the requirement that prior approval is subject to terms and conditions prescribed by the central government.

Permitted Activities in Forest Land

The Act imposes restrictions on de-reservation of forests or using forest land for non-forest purposes, with such restrictions subject to the central government's prior approval. Non-forest purposes include using land for horticultural crops or any purpose other than reafforestation. The Bill expands the list of exempt activities, including:

• Zoos and safaris under the Wild Life (Protection) Act, 1972, owned by the government or any authority in forest areas outside protected areas.
• Ecotourism facilities.
• Silvicultural operations (enhancing forest growth).
• Any other purpose specified by the central government.

Power to Issue Directions –

• The Bill introduces the provision that the central government may issue directions for the Act's implementation to any authority or organization under or recognized by the central, state, or union territory.

Positive Implications of the Forest Amendment Bill

• Several proposed amendments specify situations where the Act does not apply. Additionally, certain amendments actively promote cultivating plantations on non-forest land, contributing over time to increased tree cover, acting as a carbon sink, and supporting India's goal of achieving 'net zero' emissions by 2070. 
• The amendments also alleviate restrictions on creating infrastructure for national security and generating livelihood opportunities for those residing on the fringes of forests.

Criticism of the Forest Amendment Bill

• Objections were raised to various aspects of the Bill, including complaints that the proposed amendments “diluted” the Supreme Court’s 1996 judgement in the Godavarman case.
• In the judgement, the Court extended protection to wide tracts of forests, even if they were not recorded as forests.
• The Environment Ministry refuted this point and argued that provisions in the Bill guarded against such situations.
• The Bill has invited opposition from multiple quarters, including some north-eastern States who objected that vast tracts of forest land would be unilaterally taken away for defence purposes.

 Balancing Forest Conservation and Economic Activities

• The 1980 Act was enacted to curb deforestation.  Hence, diversion of forest land for non-forest purposes requires the prior approval of the central government. 
• Further, the activities allowed in forests (without such prior approval) are related to the conservation and management of forests and wildlife.
• The Bill adds certain activities to this list such as silvicultural operations, safaris, and eco-tourism facilities. 
• The Bill also allows the central government to specify terms and conditions for carrying out certain surveys without its approval.
• These activities may help in economic development, and in the case of prospecting for minerals (which may lead to mining) may even contribute to national priorities such as energy security and industrial growth. 
• However, there may be a need to balance economic benefits of such activities with that of conserving forests.  
• It is not clear why the requirement of a case-by-case examination by the central government to determine such balance is being replaced by a blanket exemption.

Graded Response Action Plan

The Commission for Air Quality Management in NCR & Adjoining Areas (CAQM) has recently declared the revision of the Graded Response Action Plan (GRAP), which will be implemented starting from October 1, 2023, across the entire National Capital Region.

About Graded Response Action Plan

It comprises emergency measures triggered to prevent further degradation of air quality once it surpasses a specific threshold in the Delhi-NCR region. The initiation of GRAP dates back to its first notification by the Ministry of Environment, Forest and Climate Change in January 2017.

Implementation:

• For the operationalization of GRAP, the Commission for Air Quality Management (CAQM) has established a sub-committee. This committee consists of officials from CAQM, member secretaries of pollution control boards in Uttar Pradesh, Delhi, Haryana, Rajasthan, the Central Pollution Control Board, a scientist from IMD, one from IITM, and a Health Advisor. 
• The sub-committee is mandated to convene regularly to issue orders for activating GRAP. In case of any conflict between directions issued by State governments and CAQM, the orders and directions of CAQM will take precedence.

What are the revised measures?

• Stage I – ‘Poor’ Air Quality (AQI ranging between 201-300): Enforce NGT / Hon’ble SC’s order on over aged diesel / petrol vehicles.
• Stage II - 'Very Poor' (AQI 301-400): Rigorous actions to combat air pollution at identified hotspots in the region.
• Stage III - 'Severe' (AQI 401-450): Impose strict restrictions on BS III petrol and BS IV diesel four-wheelers in certain areas and may suspend physical classes in schools for primary grade children up to Class 5.
• Stage IV - 'Severe Plus' (AQI greater than 450) : When the AQI exceeds 450, four-wheelers registered outside Delhi, except for electric vehicles, CNG vehicles, and BS-VI diesel vehicles, will not be allowed to enter the city.