India comprises 2% of the world's landmass but is home to 7% of the flora and 6.5% of the fauna of the world. India is one of the 12 mega-diversity centers of biological diversity. India can be divided into 20, biogeographic zones and 25 biotic provinces, which represent all the major ecosystems of the world. Surveys conducted by the Botanical Survey of India and Zoological Survey of India have revealed that there are 47,000 species of plants and 81,000 species of animals in the country. India can be divided into eight floristic regions, which include Western Himalayas, Eastern Himalayas, Assam, Indus plain, Deccan, Malabar and Andamans. An estimated 33% of the Indian flora are endemic. The fauna of India is equally rich and diverse as its flora. Of the 81,000 species of animals recorded 372 are mammals, 1228 are birds, 428 reptiles, 204 amphibians, 2546 fishes, 57,245 insects, 5,042 molluscs and several other species of invertebrates.

Importance of Biodiversity

Every genetic pool is unique. Its characteristic can be utilized for human benefits.

In Maintenance of different ecosystems.

For Biotechnologists in making GM crops, transgenic organisms etc.

Biodiversity help in regulating as well as maintaining climatic, ecological & Hydrological cycles on which human life is dependent.

Keeping in view significance of biodiversity human being should utilize biological resources on a sustainable basis. Once a biological resource gets extinct it won’t be possible to recreate them. Therefore, to ensure their everlasting utilization they must be utilized sustainably. 

Nearly 70% of the biodiversity is available with developing countries. But, technological equipments to utilize these resources are with developed countries.

Under existing patent laws, these naturally occurring resources can’t be patented whereas any product obtained from these resources involving human efforts can be patented. Therefore, developing countries are deprived of the legitimate use of their biological resources.

Developed countries wish to exploit these resources as fast as possible resulting in endangering future potentialities of biodiversity presently available.        

Causes for Loss of Biodiversity

Degradation and destruction of habitats due to colonization and clearing of forest areas for settlement or agricultural expansion, commercial expansion, hydel schemes, fire, human and livestock pressure etc.

Hunting and over exploitation, mainly for commercial (and  often illegal) purposes.

Introduction of exotic species-accidentally or deliberately-that threaten native flora and fauna directly by predation or by competition and also indirectly by altering the natural habitat or introducing diseases. Pollution and poisoning stress on ecosystem.

Due to global warming-suitable climate for given species is changed putting pressure on species with regard to their adaptability thus making them vulnerable to extinction.

Improper use of agro-chemicals and pesticides, increase in human population, inequitable land distribution and economic and political policies and constraints.

Conservation of biological diversity

Sustainable use of components of biological diversity and Fair and equitable sharing of benefits arising out of the utilization of genetic resources.

The scheme on Biodiversity Conservation was initiated during 1991-92 to ensure coordination among various agencies dealing with issues relating to conservation of biodiversity, and to review, monitor and evolve adequate policy instruments for the same. The objective of the conservation programme is to establish a "representative network of protected areas" in the different biogeographic zones covering the entire range of biological diversity. India has a protected area network 1.53 lac sq. mts. comprising 86 national parks and 480 wild life sanctuaries.

Besides India has set up 18 biosphere reserves to protect representative ecosystems and to serve as laboratories to evolve alternate models of development, in tune with the Man and Biosphere programme of UNESCO.

The government has enacted the Biodiversity act, 2002 in the Lok Sabha to provide for conservation of biodiversity and equitable sharing of benefits arising out of the use of biological resources.

A National Policy and Action Strategy of Biological Diversity has been drawn up as a macro-level statement of strategies, gaps and further actions needed for conservation, sustainable use and strategies and realisation of actual and potential value of biological diversity.

Biodiversity Act 2002

India’s richness in biological resources and indigenous knowledge relating to them is well recognized. One of the major challenges is in adopting an instrument which helps realize the objectives of equitable benefit sharing enshrined in the Convention. Towards this, legislation on biodiversity was developed following an extensive consultative process. The legislation aims at regulating access to biological resources so as to ensure equitable sharing of benefits arising from their use.

Salient features of the biodiversity legislation

The main intent of this legislation is to protect India’s rich biodiversity and associated

knowledge against their use by foreign individuals and organizations without sharing the

benefits arising out of such use, and to check biopiracy. The Act provides for setting up of a National Biodiversity Authority (NBA), State Biodiversity Boards (SBBs) and

Biodiversity Management Committees (BMCs) in local bodies. NBA and SBB are

required to consult BMCs in decisions relating to use of biological resources or related

knowledge within their jurisdiction and BMCs are to promote conservation, sustainable

use and documentation of biodiversity.

All foreign nationals or organizations require prior approval of NBA for obtaining biological resources and associated knowledge for any use. Indian individuals /entities require approval of NBA for transferring results of research with respect to any biological resources to foreign nationals/organizations. Collaborative research projects and exchange of knowledge and resources under these projects are exempted provided they are drawn as per the policy guidelines of the Central Government and have its approval the objectives of  conservation, sustainable use and benefit sharing. However, Indian citizens/entities/local people including vaids and hakims to have free access to use biological resources within the country for their own use, medicinal purposes and research purposes.

While granting approvals, NBA will impose terms and conditions to secure equitable sharing of benefits. Before applying for any form of IPRs (Intellectual Property Rights) in or outside India for an invention based on research or information on a biological resource obtained from India, prior approval of NBA will be required. There is an enabling provision for setting up a framework for protecting traditional knowledge. The monetary benefits, fees, royalties as a result of approvals by NBA to be deposited in National Biodiversity Fund, which will be used for conservation and development of areas from where resource has been accessed, in consultation with the local self-government concerned. There is provision for notifying National Heritage Sites important from standpoint of biodiversity by State Governments in consultation with local self-government. There also exists provision for notifying items, and areas for exemption provided such exclusion does not violate other provisions. This is to exempt normally traded commodities so as not to adversely affect trade.

This Act seeks to check biopiracy, protect biological diversity and local growers through a three-tier structure of central and state boards and local committees. These will regulate access to plant and animal genetic resources and share the benefits. The proposed National Biodiversity Authority (NBA) will deal with all cases of access by foreigners. Its approval will be required before obtaining any intellectual property right on an invention based on a biological resource from India, or on its traditional knowledge. It will oppose such rights given in other countries. The NBA will enjoy the power of a civil court. In addition, centre may issue directives to state if it feels a naturally rich area is threatened by overuse, abuse or neglect.

Biosafety protocol means minimizing the potential risks to human health and the environment from the handling and transfer of living modified organisms produced through modern biotechnology.

Convention on Biodiversity was adopted in 1992 during earth summit at Rio-de-Janeiro. This convention was attended by 175 countries including and India. The convention is binding on member countries. According to this Convention, Biodiversity comprises of plants animal species,, microorganisms, Crop varieties & livestocks. Biodiversity is required to be utilized sustainably based on equitable sharing of benefits of biological resources. According to this convention, biological resources are no longer freely available. They can only be utilized by taking prior consent of the providing country and also on the basis of mutually agreed benefit sharing mechanism.

Biodiversity related Multilateral Environmental Agreements

There are currently six major biodiversity related multilateral Conventions that govern the international biodiversity regime directly and explicitly. These Conventions include

Convention on Wetlands of International Importance (Ramsar Convention)

Convention Concerning the Protection of the World Cultural and Natural Heritage (UNESCO-WHC),

Convention on the Conservation of Migratory Species of Wild Animals (CMS),

Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES),

Convention on Biological Diversity (CBD) and

International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA).

Among these, CBD and CITES are two main MEAls that significantly guide and direct overall national biodiversity governance and management policies for conservation and the sustainable use of biological resources for meeting the needs of the people at national levels as well as for a unified global biodiversity conservation and use regime. The CBD also acts as the framework Convention for a number of separate protocols, including the

Cartagena Protocol on Biosafety to the Convention on Biological Diversity,

Nagoya–Kuala Lumpur Supplementary Protocol on Liability and Redress to the Cartagena Protocol on Biosafety

Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization.

Convention on biodiversity (CBD)

In May 1989, the Ad Hoc Working Group of Technical and Legal Experts was established to prepare an international legally binding instrument for the conservation and sustainable use of biological diversity across the globe.

The proceedings of the Ad Hoc Working Group led to the Nairobi Conference for the Adoption of the Agreed Text of the Convention on Biological Diversity (CBD) on 22nd May 1992. The Convention was opened for signature on 5th June 1992 at the United Nations Conference on Environment and Development (Earth Summit) at Rio de Janeiro. It remained open for signature by various countries until 4th June 1993 and received 168 signatures. This global biodiversity convention entered into force for global implementation on 29th December 1993.

The CBD was a culmination point to the global community's growing concerns regarding sustainable development and represents a landmark step of humanity in the conservation of biological diversity at global level, the sustainable use of its components, and the fair and equitable sharing of benefits from the use of genetic resources.

CARTAGENA PROTOCOL

On 29 January 2000, the Conference of the Parties to the Convention on Biological Diversity adopted a supplementary agreement to the Convention known as the Cartagena Protocol on Biosafety. The Protocol seeks to protect biological diversity from the potential risks posed by living modified organisms resulting from modern biotechnology. It establishes an advance informed agreement (AIA) procedure for ensuring that countries are provided with the information necessary to make informed decisions before agreeing to the import of such organisms into their territory. The Protocol contains reference to a precautionary approach and reaffirms the precaution language in Principle 15 of the Rio Declaration on Environment and Development. The Protocol also establishes a Biosafety Clearing-House to facilitate the exchange of information on living modified organisms and to assist countries in the implementation of the Protocol.

The Protocol entered into force on 11 September 2003,

Nagoya Protocol on Access and Benefit Sharing of Genetic Resources

The Nagoya Protocol on ABS was adopted by the 10th meeting of the Conference of Parties (COP10) to the Convention on Biological Diversity in November 2010. The Nagoya Protocol is intended to create greater legal certainty and transparency for both providers and users of genetic resources by:

Establishing more predictable conditions for access to genetic resources.

Helping to ensure benefit-sharing when genetic resources leave the contracting party providing the genetic resources

By helping to ensure benefit-sharing, the Nagoya Protocol creates incentives to conserve and sustainably use genetic resources, and therefore enhances the contribution of biodiversity to development and human well-being.

Scope

The Nagoya Protocol applies to genetic resources that are covered by the CBD, and to the benefits arising from their utilization. The Nagoya Protocol also covers traditional knowledge (TK) associated with genetic resources that are covered by the CBD and the benefits arising from its utilization

WWF publishes the Living Planet Index in collaboration with the Zoological Society of London. Along with their ecological footprint calculations the index is used to produce a two yearly Living Planet Report to give an overview of the impact of human activity on the world

The Living Planet Index (LPI) is an indicator of the state of global biological diversity, based on trends in vertebrate populations of species from around the world.

Aichi Biodiversity Targets

Strategic Goal A: Address the underlying causes of biodiversity loss by mainstreaming biodiversity across government and society

Strategic Goal B: Reduce the direct pressures on biodiversity and promote sustainable use

Strategic Goal C: To improve the status of biodiversity by safeguarding ecosystems, species and genetic diversity

Strategic Goal D: Enhance the benefits to all from biodiversity and ecosystem services

Strategic Goal E: Enhance implementation through participatory planning, knowledge management and capacity building

STATUS OF CBD AND CITES IN INDIA

Synergies with other Biodiversity MEAs

At present, there are more than 500 active agreements/MoUs to which India is signatory. Of these, India is a Party to 20 major multilateral global MEAs. In the area of biodiversity conservation, India is Party to the following major biodiversity related MEAs:

CITES (Convention on International Trade in Endangered Species Fauna and Flora)

CBD (Convention on Biological Diversity)

CMS (Convention on the Conservation of Migratory Species)

Ramsar Convention on Wetlands

Convention on Regulation of Whaling and International Whaling Commission

UNESCO-World Heritage Convention

International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA)

Other important international organisations, non-governmental organizations and initiatives for the preservation of wildlife and control of illegal wildlife trade with India as a member are the IUCN (International Union for Conservation of Nature and Natural Resources), the GTF (Global Tiger Forum), the TRAFFIC (The Wildlife Trade Monitoring Network), the CAWT (Coalition Against Wildlife Trafficking), the ITTO (International Tropical Timber Organisation) and the UNFF (United Nations Forum on Forests).

The Government of India recognizes these biodiversity MEAs in more or less exclusively, separate from each other in terms of implementation modalities and obligations. Different offices of the Union Government of India deal with these MEAs at central level. The Wildlife Division of the Ministry of Environment and Forests, Government of India, takes care of CITES, the International Whaling Commission, the CMS and the UNESCO-WHC. The Conservation and Survey Division-I (CS-I) deals with the Ramsar Convention on Wetlands and Conservation and Survey Division-III (CS-III) handles tasks related to the CBD (both offices are located at the Ministry of Environment and Forests, Government of India).

CITES

The global concerns regarding the impacts of natural resource exploitation by international trade in species found in the wild was first expressed at the 7th General Assembly of the International Union for Conservation of Nature and Natural Resources (IUCN) held in Warsaw, Poland, in 1960. The delegates to the meeting urged world Governments to tackle the problems associated with the growing and often unregulated international trade in wildlife. However, such regulations were not uniform and Governments were not aware of the regulations existing in other countries. To solve this problem, the 8th IUCN General Assembly in 1963, which was held in Nairobi, Kenya, called for the creation of an international convention to regulate the export, import and transit of rare or threatened wild species and their products. The formal drafts of a convention to regulate trade in certain wild species were sent by IUCN to all members of the United Nations in 1967, 1969 and 1971. At the 10th IUCN General Assembly, held in New Delhi, India, in 1969, a proposed list of species to be covered by the convention was prepared. By 1971 several revisions to the draft text had occurred, with input from various Governments and non-governmental organisations (NGOs).

The United Nations Conference on the Human Environment adopted its Action Plan for the Human Environment. This plan included Recommendation 99.3 that proposed “a plenipotentiary conference be convened as soon as possible, under appropriate governmental or intergovernmental auspices, to prepare and adopt a convention on export, import and transit of certain species of wild animals and plants”. A further revision of the draft convention was put forward by the United States of America, which formed the basis for discussion at the Plenipotentiary Conference to Conclude an International Convention on Trade in Certain Species of Wildlife. This conference was hosted by the United States of America in Washington, D.C. from 12th February to 2nd March 1973. Representatives from 80 countries attended the conference while 8 countries and 6 international organizations attended as observers. The delegates agreed on the final text of the Convention and the creation of three species lists (Appendices I, II and III) and a permit model (Appendix IV). Switzerland offered to act as the Depositary Government for the Convention.

On 3rd March 1973, 21 countries signed the Convention. After 10 ratifications, the Convention entered into force on 1st July 1975. The Convention established the Conference of the Parties (CoP) as the decision making body which was responsible for making decisions and periodically amending the Convention and its Appendices. The Convention has three permanent committees: the Standing Committee, the Plants Committee and the Animals Committee to take decisions and make recommendations in the delegated areas.

The various MEAs try to deal with issues that negatively affect the global environment. Many times these MEAs, though distinct in their mandates and in the areas of respective responsibilities, complement each other in many ways in addressing global environmental problems. An effort for finding the synergies and complementarities in these contemporary MEAs may be very useful for better implementation in a world with fewer resources. The two major biodiversity related conventions, the CBD and CITES, have many common goals and possible synergies which may be analysed for better implementation, especially in a fast developing country such as India with multiple pressures on its biological resources. In fact, there have been various efforts by individual Conventions as well as by bringing together various biodiversity related Conventions at platforms such as the „Biodiversity Liaison Group to find inherent synergies as well as developing potential cooperation among these naturally related Conventions. The six biodiversity-related conventions currently represented in the Liaison Group of the Biodiversity-related Conventions (BLG) are CBD, CITES, CMS, the Ramsar Convention on Wetlands and the Convention Concerning the Protection of the World Cultural and Natural Heritage (WHC) and the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA).

The Biodiversity Liaison Group was established under Decision VII/26 (paragraphs 1 and 2) of the CBD. It aims to enhance coherence and cooperation in implementation among the six biodiversity conventions. It meets annually to explore opportunities for synergistic activities and increased coordination, and to exchange information.

Convention on the Conservation of Migratory Species of Wild Animals (CMS)

The Convention on Conservation of Migratory Species (CMS) or Bonn Convention aims to conserve migratory species throughout their range. The Convention came into force in 1979. India is a signatory to the convention since 1983.

During COP 10, India has also been nominated as a member of the Standing Committee of the Convention with the support from various countries in the Asia. During the COP, the Ministry of Environment and Forests, WWF-India, Wetlands International and BNHS (Bombay Natural History Society) jointly organized a side event on Black-necked Crane urging the range States for regional cooperation for conservation of this unique species found in the Himalayan high altitude wetlands. Conference of Parties is held generally once in three years. The Eleventh Meeting of the Conference of the Parties to the Convention on the Conservation of Migratory Species of Wild Animals (CMS COP11) was held in Quito, Ecuador in 2014.

The Special Tiger Protection Force (STPF) has been raised and deployed in three tiger reserves, viz. Bandipur (Karnataka), Tadoba-Andhari (Maharashtra) and Pench (Maharashtra) (committed to support the other tiger States as well in this regard).