Implementation of Biological Diversity Act in India : An Overview with Case Studies Study team (consultant) : Pravat Chandro Sutar(Part-I) Nigamananda Swain (Part-II) Edited by: Bikash Rath, Sr. Programme Manager(RCDC) Cover photo of Trombidium grandissimum: Sabyasachi Rath(RCDC) 24th August 2011 Study commissioned by: Regional Centre for Development Cooperation ( RCDC) A/68, 1st Floor, Sahid Nagar, Bhubaneswar- 751 007 E-mail : [email protected], [email protected]. Website: www.rcdcindia.org Supported by: Misereor-KZE, Germanay Create PDF files without this message by purchasing novaPDF printer (http://www.novapdf.com) Editor’s Note The study on the actual implementation of the Biological Diversity Act was commissioned by RCDC in 2010. As the report submitted by the 1st consultant did not focus on state-level field verifications, a second phase of the study was then assigned to another consultant so as to analyse & document the actual status in four different states. Hence, the present compilation has two parts: one reflecting the overall policy scenario and the other reflecting on the actual status in the field-level implementation. However, the study could not contain extensive field information owing to a number of limitations including constraints of time. In the meantime, RCDC has responded very specifically & logically to the draft State Biodiversity Rules of Odisha, suggesting for necessary modifications in it. Further, a regional level consultation followed by a state-level one has been organized at Bhubaneswar so as to pursue the matter with different stakeholders with an objective of facilitating necessary dynamics at various levels. We hope that our continuous efforts to ensure an effective enabling mechanism for biodiversity conservation will definitely have some positive impact at the policy- as well as ground level. Both the consultants, particularly the first one, have borrowed a lot of information from secondary sources mostly from internet. Unfortunately their reports often lacked adequate mention to the sources. RCDC however acknowledges all these sources, mentioned or not, with due honor to the original works. The 2nd consultant received valuable information also from the State Biodiversity Board functioneries/members in Andhra Pradesh, Madhya Pradesh, Jharkhand and Odisha. RCDC sincerely thanks all of them. The study data belongs mostly to 2010 though certain updates have been mentioned wherever possible/feasible. Before e-publication of this report the undersigned contacted some of the State Biodiversity Board members(excluding Andhra Pradesh) for some latest updates/clarifications but it was found that even they were not aware of the developments and awaited the next meeting of the Board for updates. Still, and thankfully few updates could be possible courtesy the Member Secretaries of the SBB of Jharkhand and Odisha. Our conclusion from this study would definitely suggest that although the Biological Diversity Act was promlugated in 2002 its actual implementation in many states is quite poor, and there is a lack of sincereity both at the levels of politicians and bureaucrats to remain committeed to the spirit and mandate of this Act. RCDC therefore calls for a civil society intervention in the matter so that the implementation status may improve practically and satisfactorily. We also solicit suggestions/feedback on this report. Bikash Rath Regional Centre for Development Cooperation Page 1 Create PDF files without this message by purchasing novaPDF printer (http://www.novapdf.com) Contents Part-1 Implementation of Biological Diversity Act - 2002 in India- An Overview 1. Chapter – 1: Introduction Page-5 2. Chapter -2: Research strategies/methodologies. Page-12 3. Chapter – 3: Policies/Acts in India to safeguard biodiversity Page-16 4. Chapter-4: Critical analysis of the Biological Diversity Act, 2002 Page-19 Part-2 Status of implementation of Biological Diversity Act – 2002 in India- Case studies From theory to practice: the actual situation at state level Page-32 Progress in Andhra Pradesh Page-37 Progress in Madhya Pradesh Page-44 Progress in Jharkhand Page-49 Progress in Odisha Page-55 ANNEXURE Regional Centre for Development Cooperation Page 2 Create PDF files without this message by purchasing novaPDF printer (http://www.novapdf.com) Abbreviations used AP : Andhra Pradesh APSBB : Andhra Pradesh State Biodiversity Board BD : Biological diversity BDA : Biological Diversity Act EDC : Eco-development Committee FES : Foundation for Ecological Security JFM : Joint Forest Management MoEF : Ministry of Environment and Forests NGO : Non Government Organisation OFD : Orissa Forest Department OSBB : Orissa State Biodiversity Board RCDC : Regional Centre for Development Cooperation RPRC : Regional Plant Research Centre SBB : State Biodiversity Board UNDP : United Nations Development Programme UT : Union Territory Regional Centre for Development Cooperation Page 3 Create PDF files without this message by purchasing novaPDF printer (http://www.novapdf.com) Part-I Implementation of Bio-diversity Act in India: An Overview Regional Centre for Development Cooperation Page 4 Create PDF files without this message by purchasing novaPDF printer (http://www.novapdf.com) Chapter – 1 INTRODUCTION 1.1 Background In simple terms, the diversity among various life forms within the Biosphere refers to biodiversity. Since the life form ranges from microbes to mega life forms, the biodiversity thus has larger connotation and hence varies from simple genetic level to higher complexities of various species associations and their interrelationships. Biodiversity is the foundation of life on Earth. It is crucial for the functioning of ecosystems which provide us with products and services without which we cannot live. Oxygen, food, fresh water, fertile soil, medicines, shelter, protection from storms and floods, stable climate and recreation - all have their source in nature and healthy ecosystems. But biodiversity gives us much more than this. We depend on it for our security and health; it strongly affects our social relations and gives us freedom and choice. Biodiversity is extremely complex, dynamic and varied like no other feature of the Earth. Its innumerable plants, animals and microbes physically and chemically unite the atmosphere (the mixture of gases around the Earth), geosphere (the solid part of the Earth), and hydrosphere (the Earth's water, ice and water vapour) into one environmental system which makes it possible for millions of species, including people, to exist. Biodiversity can broadly be divided at three levels i.e. genetic diversity, species diversity and ecosystem/habitat diversity. Biodiversity management at these three aforesaid levels has different implications. The biodiversity management at habitat level is holistic and more cost effective. At the same time, no other feature of the Earth has been so dramatically influenced by man’s activities. By changing biodiversity, we strongly affect human well-being and the well-being of every other living creature. 1.2 Existence and quantification of biodiversity The very existence of biodiversity is everywhere in the biosphere. It occurs both on land and in water, from high altitudes to deep ocean trenches and it includes all organisms, from microscopic bacteria to more complex plants. Although many tools and data sources have been developed, biodiversity remains difficult to measure precisely. According to the Millenium Ecosystem Assessment, the total number of species on Earth ranges from five to 30 million, and only 1.7–2 million species have been formally identified. India is one of the 12-mega diverse countries of the world. With only 2.5% of the land area, India already accounts for 7.8% of the global recorded species. There are many measures of biodiversity. Species richness (the number of species in a given area) represents a single but important metric that is valuable as the common currency of the diversity of life—but to fully capture biodiversity, it must be integrated with other metrics. Regional Centre for Development Cooperation Page 5 Create PDF files without this message by purchasing novaPDF printer (http://www.novapdf.com) IUCN has access to different kinds of information on species. The Red List of Threatened Species provides global assessments of the conservation status of species. 1.3 Valuation of biodiversity Needless to say, biodiversity is invaluable. Overall significance of this natural asset can’t be and should not be reduced to commodification. However, in practice decisions at various levels have been seen to have ignored this aspect, and have given more emphacis to commodified or otherwise valued things than this invaluable asset though that doesn’t mean that a comparative valuation of the same is totally impossible. Production potential of timber and NTFP can be assessed; carbon credits of the forest ecosystem can also be assessed. Even other ecological services can be assessed. If the full economic value of these services was taken into account in decision-making, the degradation of ecosystem services could be significantly slowed down or even reversed.In the name of developmental activities, industrialization, mining, and other such projects have been allowed to cause massive loss to ecosystem and biodiversity, thereby showing how poorly the economic value of biodiversity and ecosystems is recognized and inadequately reflected in public and private decisions. In order to build support for and guide efforts to reduce ecosystem