Important Questions with Solutions

Introduction. Environmental problems such as biodiversity loss, pollution, land degradation and industrial accidents cannot be controlled by voluntary efforts alone. They require a strong legal framework. In India, Parliament has enacted several major environmental laws to give effect to constitutional duties and international commitments. Among these, the Biological Diversity Act, 2002 and the Environment (Protection) Act, 1986 occupy a central place. The first deals specifically with conservation and fair use of biological resources and associated knowledge, while the second functions as an umbrella legislation for protection and improvement of the environment as a whole.

1. Background and need

• India is recognised as one of the world’s mega-diverse countries, with rich biodiversity in forests, wetlands, mountains, coastal and marine ecosystems.
• At the same time, biodiversity is under threat from habitat loss, over-exploitation, invasive species, pollution and climate change.
• At the international level, the Convention on Biological Diversity (CBD) was adopted at the Rio Earth Summit (1992), with three objectives: conservation, sustainable use and fair and equitable benefit-sharing from genetic resources.
• To fulfil its obligations under the CBD and to regulate access to its biological resources and associated traditional knowledge, India enacted the Biological Diversity Act, 2002.

2. Objectives of the Biological Diversity Act, 2002

The Act translates the CBD’s three pillars into the Indian context. Its main objectives are:

• Conservation of biological diversity at genetic, species and ecosystem levels.
• Sustainable use of biological resources so that present needs are met without destroying options for future generations.
• Fair and equitable sharing of benefits arising out of the use of India’s biological resources and associated traditional knowledge, especially with local and indigenous communities.

3. Institutional framework under the Act

The Act creates a three-tier structure for biodiversity governance:

• National Biodiversity Authority (NBA):
  • Located at the national level and headquartered at Chennai.
  • Regulates access by foreign individuals, companies or organisations to India’s biological resources and associated knowledge.
  • Advises the Central Government on conservation, use and benefit-sharing policies, and supports State Boards.
• State Biodiversity Boards (SBBs):
  • Set up by each State Government.
  • Regulate access to biological resources for Indian citizens, companies and organisations within the state.
  • Advise the state on matters relating to conservation and sustainable use of biodiversity.
• Biodiversity Management Committees (BMCs):
  • Established at the level of local bodies (Panchayats, Municipalities, etc.).
  • Responsible for preparing People’s Biodiversity Registers (PBRs) documenting local biological resources and traditional knowledge.
  • Play a crucial role in ensuring benefit-sharing with local communities.

4. Regulation of access to biological resources

• Prior approval of NBA: Any foreign person, company or non-resident Indian who wishes to obtain biological resources from India, or associated knowledge, for research, commercial utilisation, or bio-survey and bio-utilisation, must obtain prior approval from the NBA.
• Intimation/approval of SBB: Indian citizens and companies must give prior intimation or seek approval from the respective State Biodiversity Board for commercial use of biological resources.
• Transfer of research results: Transfer of research results relating to Indian biological resources to foreign entities also requires approval of the NBA.
• Intellectual Property Rights (IPRs): No IPR (such as patents) based on research or information on biological resources obtained from India can be applied for without prior approval of the NBA.

5. Benefit-sharing provisions

• The Act emphasises fair and equitable sharing of benefits arising from the use of biological resources and associated knowledge.
• Benefit-sharing may be in the form of monetary compensation, joint ventures, technology transfer, association of local people in research or other mutually agreed terms.
• A portion of the benefits is directed to Biodiversity Funds at national, state and local levels, which are used for conservation and socio-economic development of local communities.

6. Protection of traditional knowledge and community rights

• The Act recognises the role of local and indigenous communities in conserving biodiversity and maintaining traditional knowledge about medicinal plants, agriculture, etc.
• It seeks to prevent “biopiracy”—the unauthorised use of traditional knowledge and genetic resources by foreign companies or individuals without consent or benefit-sharing.
• People’s Biodiversity Registers help in recording and protecting such knowledge at the local level.

7. Offences and penalties

• Violations of the Act, such as access without approval, misrepresentation, or non-compliance with benefit-sharing conditions, are treated as criminal offences.
• Punishments include imprisonment and fines, reflecting the seriousness of biodiversity-related crimes.

8. Significance of the Act

• Gives a legal basis for conserving India’s biological wealth and regulating its use.
• Protects sovereign rights over biodiversity while fulfilling international obligations under CBD.
• Provides a framework for benefit-sharing and recognition of local communities and their knowledge.
• Encourages sustainable, science-based and equity-oriented use of biological resources.

1. Background and rationale

• Before 1986, India already had sector-specific laws such as the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981.
• However, there was a need for a comprehensive law to deal with the environment as a whole and to implement decisions taken at the Stockholm Conference on Human Environment, 1972.
• The tragic Bhopal gas disaster (1984), which highlighted gaps in existing safety and environmental regulations, further accelerated the demand for a strong, umbrella legislation.
• In this background, Parliament enacted the Environment (Protection) Act, 1986, often called the EPA, 1986.

2. Aim and scope of the Act

The long title of the Act states that it is “an Act to provide for the protection and improvement of the environment and for matters connected therewith.”

• The Act gives very wide powers to the Central Government to take measures for protecting and improving the quality of the environment.
• It covers all components of the environment—air, water and land—and the relationships among them, making it an umbrella legislation.

3. Definition of “environment” under the Act

The Act defines environment in a very broad manner to include:

• “Water, air and land and the inter-relationship which exists among and between water, air and land, and human beings, other living creatures, plants, micro-organisms and property.”

This comprehensive definition reflects the ecosystem approach, seeing environment as a connected whole rather than separate pieces.

4. Powers of the Central Government

Section 3 of the Act empowers the Central Government to take all necessary measures for protecting and improving the environment. Important powers include:

• Coordinating actions of state governments, authorities and agencies working on environmental protection.
• Planning and executing programmes for the prevention, control and abatement of environmental pollution.
• Laying down standards for the quality of air, water and soil, as well as standards for emissions and discharges of environmental pollutants from industries, operations and processes.
• Restricting areas in which certain industries, operations or processes shall not be carried out or shall be carried out subject to safeguards (for example, ecologically sensitive areas).
• Laying down procedures and safeguards for:
  • Handling of hazardous substances,
  • Prevention of accidents which may cause environmental pollution, and
  • Providing for remedial measures in case such accidents occur.

5. Rule-making and delegated legislation

• The Act authorises the Central Government to make rules and notifications to give effect to its provisions.
• Many important rules and notifications—such as those relating to Environmental Impact Assessment (EIA), coastal regulation zones, hazardous waste management, plastic waste, biomedical waste, noise standards, etc.—have been issued under the EPA.
• This flexibility allows the law to respond to new challenges and scientific knowledge without passing a new Act every time.

6. Powers of entry, inspection and directions

• The Act authorises government officers to enter, inspect and sample any premises, examine records and enforce compliance.
• It also empowers the Central Government to issue directions in writing to any person, officer or authority—including orders to close, regulate or prohibit any industry, operation or process, or to stop or regulate supply of electricity, water or other services.
• These powers make the Act a potent tool for enforcing environmental standards.

7. Offences and penalties

• Contravention of provisions of the Act, rules or orders is punishable with imprisonment and fine.
• For continuing offences, an additional fine per day may be imposed, and in serious cases, extended imprisonment terms are possible.
• If the offence is committed by a company, persons in charge (directors, managers) can also be held responsible under certain conditions.

8. Significance of the Environment (Protection) Act, 1986

• Provides a comprehensive, overarching legal framework for environmental protection in India.
• Enables the Central Government to respond quickly to emerging environmental problems, industrial accidents and pollution threats.
• Serves as the legal basis for many specific rules and notifications (such as EIA, hazardous waste, plastic waste), making it central to environmental governance.
• Reflects India’s commitment to its constitutional duty (Article 48A and 51A(g)) and international environmental obligations.

Exam-oriented recap (how to write this answer)

• Start with a short introduction on the need for environmental legislation and mention that these two Acts address biodiversity and overall environmental protection.
• Under heading (a) Biological Diversity Act, 2002, write:
  • Background (CBD, India’s biodiversity, need to prevent biopiracy).
  • Objectives (conservation, sustainable use, benefit-sharing).
  • Three-tier institutional structure: NBA, SBB, BMC and People’s Biodiversity Registers.
  • Regulation of access, IPR and transfer of research results.
  • Benefit-sharing and protection of traditional knowledge.
  • Offences, penalties and significance.
• Under heading (b) Environment (Protection) Act, 1986, write:
  • Background (Stockholm 1972, Bhopal gas tragedy).
  • Scope and broad definition of environment.
  • Powers of Central Government (standards, restrictions, hazardous substances).
  • Rule-making, directions, inspection powers, offences and penalties.
  • Its role as an umbrella Act and its overall significance.
• Conclude with 4–5 lines emphasising that these Acts provide legal strength to conservation and pollution control efforts in India and are essential tools for achieving sustainable development.

Conclusion: In conclusion, the Biological Diversity Act, 2002 and the Environment (Protection) Act, 1986 together form a vital part of India’s environmental law framework. The Biological Diversity Act operationalises the goals of conservation, sustainable use and equitable benefit-sharing of our rich biological resources, giving due recognition to local communities and their knowledge. The Environment (Protection) Act, 1986, on the other hand, acts as an umbrella legislation empowering the Central Government to lay down standards, regulate hazardous activities and issue binding directions to prevent and control pollution. For a country facing rapid development and serious environmental challenges, these Acts provide the necessary legal backbone for protecting the environment and promoting sustainable, equitable growth for present and future generations.