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India's Biodiversity: a Study of the Management Regime

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India's Biodiversity: a Study of the Management Regime India’s Biodiversity: A Study of the Management Regime Thesis submitted to Bharathidasan University for the award of the Degree of DOCTOR OF PHILOSOPHY IN ENVIRONMENTAL MANAGEMENT BY S.FAIZI Under the supervision of Dr. M. RAVICHANDRAN DEPARTMENT OF ENVIRONMENTAL MANAGEMENT SCHOOL OF ENVIRONMENTAL SCIENCES BHARATHIDASAN UNIVERSITY, TIRUCHIRAPPALLI-620024 TAMILNADU INDIA NOVEMBER-2013 DEPARTMENT OF ENVIRONMENTAL MANAGEMENT School of Environmental Sciences Bharathidasan University, Tiruchirappalli-620024 Tamil Nadu Dr. M. RAVICHANDRAN Professor and Head of the Department CERTIFICATE This is to certify that this thesis entitled “India’s Biodiversity: A Study of the Management Regime” submitted by Mr. S.Faizi, for the degree of Doctor of Philosophy to the Bharathidasan University is based on the results of studies carried out by him under my supervision and guidance. This thesis or any part thereof has not been submitted elsewhere for any other degree. Place: Tiruchirappalli (Dr. M. RAVICHANDRAN) Date : DECLARATION I do hereby declare that this work has been originally carried out by me under the supervision and guidance of Dr. M. Ravichandran, Professor and Head of the Department of Environmental Management, Bharathidasan University, Tiruchirappalli and this work has not been submitted elsewhere for any other degree, diploma or other similar titles. Place: Tiruchirappalli (S.FAIZI) Date: ACKNOWLEDGEMENTS I earnestly thank my guide Dr. M. Ravichandran, Professor and Head of the Department of Environmental Management, for his valuable guidance and kindest support to undertake this study. I thank Dr. M.A Akbarsha, Director of Mahatma Ghandi-Doerenkamp Centre, Bharathidarsan University, member of my doctoral committee, for his valuable advice and encouragements for successfully completing this study. I thank the faculty members Dr.R. Mohanraj, Dr. N. D. Srinithivihahshini, Dr. M. Prashanthi Devi for their support and encouragement. I thank my follow scholars and sweet friends Mr. K. Balamurugan, Ms. K. Nithiya, Mr. Sirajuddin.H and all others for their unfailing support. I thank the officials of the forest departments of several States, too many to mention here, who have been kind enough to spare their time for discussionsand often times facilitated my visits to various study sites. Many thanks are also due to faculty members of several research organisations for sparing their time with me for discussions, and numerous friends in India and abroad for their help. My earnest thanks are also due to the members of the local communities in various parts of the country who have patiently talked to me about their issues and at times hosted me too. I would not have been able to complete their study but for the constant support and inspiration of my wife Nazeema, father Mr. T. Shahul Hameed and mother Mrs. Sauda Beegum. On this occasion I pay respect to the memory of Dr. Salim Ali who had been my first guru in biodiversity studies. And I thank the Adivasi elders in many parts of the country who have taught me many an ecological lesson over the years. S.Faizi Table of Contents Page Chapter 1. Introduction 1 1.1 Global Biodiversity……………………………………………… 2 Biodiversity loss………………………………………………… 2 1.2 Strategies of bodiversity management…………………………… 4 1.3 Delineation of the reserch problem……………………………… 5 1.4 Objectives of the research work………………………………… 6 1.5 Methodology and analytical framework…………………………. 7 1.5.1 Methodology: The state of biodiversity………………………….. 10 1.5.2 Methodology: Issues affecting biodiversity management………….. 10 1.5.3 Methodology: Biodiversity management regime………………….. 12 1.6 Explanation of key concepts…………………………………….. 13 1.7 Limitation of the study…………………………………………… 16 1.8 India: Key features of the study area…………………………….. 16 1.8.1 Climate…………………………………………………………. 16 1.8.2 Population………………………………………………………. 17 1.8.3 Agriculture and animal husbandry……………………………….. 17 1.8.4 Water resources………………………………………………… 18 1.8.5 The rural scene…………………………………………………. 19 1.9 The Adivasis as India's indigenous people……………………….. 19 1.10 Biodiversity management in India: a background………………… 21 1.11 Conceptual basis of the study……………………………………. 24 1.11.1 Economic importance of biodiversity……………………………. 24 1.11.2 Global Initiatives………………………………………………… 26 1.11.3 The Convention on Biological Diversity (CBD)………………….. 28 1.12 Chapter scheme of the thesis……………………………………. 35 Chapter 2. Biodiversity Management : The State of Current Research……….. 36 2.1 The global policy framework……………………………………. 36 2.2 Biodiversity Convention and its impact…………………………… 38 2.3 Community participation in biodiversity management…………….. 39 2.4 India's biodiversity……………………………………………… 43 2.5 Participatory biodiversity management in India………………….. 44 Chapter 3. State of India's Biodiversity…………………………………………. 46 3.1 Diversity of ecosystems…………………………………………. 47 3.1.1 Forests…………………………………………………………. 47 3.1.2 Grasslands……………………………………………………… 49 3.1.3 Wetlands……………………………………………………….. 50 3.1.4 Deserts…………………………………………………………. 50 3.1.5 Costal and marine ecosystems…………………………………… 51 3.2 Species diversity………………………………………………… 51 3.2.1 Floral diversity………………………………………………….. 51 3.2.2 Faunal diversity…………………………………………………. 53 3.3 Uttar Pradesh…………………………………………………… 55 I 3.3.1 The floral composition…………………………………………… 57 3.3.2 The fauna……………………………………………………….. 58 3.3.3 Protected Areas ……………………………………………….. 59 3.4 Odisha………………………………………………………….. 60 3.4.1 The floral composition…………………………………………… 60 3.4.2 The fauna……………………………………………………….. 62 3.4.3 Protected Areas…………………………………………………. 65 3.5 Tripura…………………………………………………………. 65 3.5.1 The floral composition………………………………………….. 66 3.5.2 Habitat types and the flora………………………………………. 67 3.5.3 The fauna……………………………………………………….. 69 3.5.4 Protected Areas…………………………………………………. 71 3.6 Gujarat…………………………………………………………. 71 3.6.1 The ecosystem types……………………………………………. 72 3.6.2 The floral composition…………………………………………… 74 3.6.3 The faunal diversity……………………………………………… 76 3.6.4 Protected Areas………………………………………………… 78 3.7 Summary……………………………………………………….. 79 Chapter 4. Issues Affecting Biodivesity Management …………………………. 80 4.1 Case studies of States…………………………………………… 80 4.1.1 Uttar Pradesh…………………………………………………… 80 4.1.2 Odisha…………………………………………………………. 83 4.1.3 Tripura…………………………………………………………. 86 4.1.4 Gujarat…………………………………………………………. 87 4.2 Biodiversity management issues at the national level……………… 89 4.2.1 Community-conservation conflicts………………………………. 89 Human population inside Protected Areas……………………. 90 Resettlements of people…………………………………….. 93 Displacements from Protected Areas………………………… 97 4.2.2 Human-wildlife conflicts…………………………………………. 98 Scale of damages……………………………………………. 99 Compensation………………………………………………. 100 Preventive and mitigation measures………………………….. 102 4.2.3 Overgrazing ……………………………………………………. 103 4.2.4 Capacity development constraints………………………………. 104 4.2.5 Biopiracy………………………………………………………. 107 4.2.6. Disconnect between management institutions……………………. 111 4.3 Summary……………………………………………………….. 112 Chapter 5. Analysis of Biodiversity Management Regime …………………….. 113 5.1 The legal framework……………………………………………. 113 5.1.1 The Constitutional provisions……………………………………. 115 5.1.2 Wildlife (Protection) Act 1972………………………………….. 115 Protected Area management………………………………… 117 Sanctuaries and national parks………………………………. 118 II Conservation reserve……………………………………….. 118 Community reserve…………………………………………. 119 Legal constraints……………………………………………. 119 Community reserve as an inclusive Protected Areas…………. 122 5.1.3 Indian Forest Act 1927…………………………………………. 126 Reserved Forests……………………………………………. 126 Protected Forests…………………………………………… 127 Village Forests………………………………………………. 127 5.1.4 Forest (Conservation) Act 1980………………………………… 128 5.1.5 Biological Diversity Act 2002……………………………………. 129 5.1.6 Forest Right Act 2006………………………………………….. 131 Forest rights………………………………………………… 132 Vesting of forest right……………………………………….. 133 Right to protect biodiversity and to have management……….. 134 institutions for the communities State of implementation of FRA……………………………… 135 5.1.7 Supreme Court interventions in forest management………………. 136 5.1.8 The evolving legal regime……………………………………….. 137 5.2 The policy matrix………………………………………………. 139 The National Forest Policy (NFP) 1988…………………….. 139 National Biodiversity Action Plan 2008……………………… 140 National Environment Policy 2006………………………….. 141 National Wildlife Action Plan 2002-16………………………. 142 Report of the National Forest Commission…………………… 143 5.3 Co-management institutional systems for biodiversity……………. 145 5.3.1 Joint Forest Management (JFM)……………………………….. 145 Limitation of JFM…………………………………………… 149 5.3.2 Ecodevelopment………………………………………………… 149 Limitation of Ecodevelopment………………………………. 152 5.4 State-wise indexing for biodiversity management………………… 152 5.4.1 Method and the scoring scheme…………………………………. 152 Protected Area coverage ……………………………………. 153 JFM Coverage……………………………………………… 154 Change in forest cover………………………………………. 155 Recognition of forest right under FRA……………………….. 156 5.4.2 Biodiversity Management Index for the States obtained………….. 156 5.5 CBD: India and the global enforcement trajectory……………….. 161 5.5.1 Challenge to the national sovereignty provision…………………… 162 5.5.2 Claim of legally non-binding treaty………………………………. 163 5.5.3 Invoking CBD to combat biopiracy……………………………… 165 5.5.4 An issue for inclusion on the future CBD agenda…………………. 166 5.6 Summary……………………………………………………….. 167 Chapter 6. Conclusion, Recommendations and Summary………………………. 169 6.1 Conclusion……………………………………………………… 169 III 6.2 A framework for reforming
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