Biological diversity Act, 2002 had been passed in accordance with India’s compliance with Convention on Biological diversity, 1994. But the implementation of this act for last 13 years needs critical evaluation for better outcomes as pointed out by environmentalists in recent times.
The Nagoya protocol on Convention of Biological diversity encompasses of three dimensions and each of them can be evaluated on Indian <g data-gr-id="47">context:Conservation</g> of biodiversity: On the conservation side, India has mixed outcome. While the number of tiger increase is praiseworthy, the fact of many critically endangered species are on the verge of extinction is also true. While some states like West Bengal, Madhya Pradesh has expanded their forest cover in their state, many states like Karnataka, Gujarat are frequently in news for cutting forest are in western ghat for sand mining and other illegal activities. Sustainable use of bio-resources: Although India government has provided the tribal people the right for using minor forest products like flowers, fruits, honey for their livelihood, it is not implemented because of lack of political will and seriousness of administrative machinery for.
But the illegal activities of poaching of wild animals, cutting of red sanders, building the dam and hydrological projects on the eco-sensitive areas raises concerns about the sustainability of Indian ecosystem. Access and Benefit-sharing: The main agenda of Nagoya protocol as well as the main focus of biodiversity act is to access the biological resources of area by commercial class and use of <g data-gr-id="50">the the</g> knowledge of the benefit of it and then expanding the benefits to the whole world in a sustainable way. But, this is facing hindrance from both the sides. The business class wants a proper business environment to commercialize any biological product, whereas the local people demand more authority through gram sabha for more intervention. Consequently, it has created a <g data-gr-id="51">road block</g> for many biological products even though it is already approved by the biodiversity board.So the implementation of BDA needs a more realistic approach to face the challenges prevailing now.
In fact, the Indian edition of BDA borrows a lot from the convention on biological diversity. What is the Convention on Biological Diversity? The Convention on Biological Diversity (CBD) is a landmark in the environment and development field, as it takes for the first time a comprehensive rather than a sectored approach to the conservation of Earth’s biodiversity and sustainable use of biological resources. It is a framework of <g data-gr-id="60">agreement</g> in two senses. In the first sense, it leaves it up to the individual Parties to determine how most of its provisions are to be implemented. This is because its provisions are mostly expressed as overall goals and policies, rather than as hard and precise obligations as in, for example, the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). Nor does it tend to set targets, but emphasizes the need to place the main decision-making at the national level and unlike other treaties there are no lists, accepted sites or species to be protected. What is the origin and history of the CBD? It was in the year 1984 that the needs to have in place a global convention on biological diversity started gaining momentum.
In response, the United Nations Environment Programme (UNEP) in the year 1987 recognised the need to streamline international efforts to protect biodiversity. <g data-gr-id="61">It therefore</g> established an <g data-gr-id="52">adhoc</g> working group to investigate “the desirability and possible form of an umbrella convention to rationalize current activities in the field.” This group by 1988 concluded that a) the existing treaties were inadequate to address the issue of conservation and sustainable use and b) a new global treaty on biological diversity was urgently needed. Organisations such as the World Conservation Union (IUCN) and the Food and Agricultural Organisation (FAO) contributed draft articles in addition to specific studies commissioned by the UNEP. The UNEP Secretariat prepared the first draft and the formal negotiating process was started in 1991. The <g data-gr-id="53">Inter-governmental</g> Negotiating Committee for a Convention on Biological Diversity (INC) was given the task of ensuring the adoption of the Convention. The conference on Environment and Development in Rio de Janeiro where a record 150 countries signed the Convention.