POLICY AND LEGAL FRAMEWORK FOR BIODIVERSITY CONSERVATION IN INDIA

Abstract

 India is recognized as one of the world's megadiverse countries, possessing a rich variety of ecosystems, flora, fauna, and traditional ecological knowledge. However, increasing urbanization, industrialization, climate change, habitat destruction, and unsustainable resource exploitation pose significant threats to biodiversity. This paper critically examines the policy and legal framework governing biodiversity conservation in India by analysing constitutional provisions, statutory enactments, judicial interventions, and international commitments. The study explores the evolution of environmental jurisprudence, highlighting the constitutional mandates under Articles 48A, 51A(g), and Article 21, which collectively establish environmental protection as a shared responsibility of the State and its citizens. It further evaluates major legislations, including the Biological Diversity Act, 2002, the Wildlife (Protection) Act, 1972, the Environment (Protection) Act, 1986, the Forest (Conservation) Act, 1980, and other sectoral laws that contribute to biodiversity governance. The role of institutions such as the National Biodiversity Authority, State Biodiversity Boards, Biodiversity Management Committees, and the National Green Tribunal is also examined. Judicial activism through landmark environmental decisions has significantly strengthened biodiversity conservation by incorporating principles such as sustainable development, the precautionary principle, and the polluter pays principle into Indian environmental law. The paper also identifies persistent challenges, including weak enforcement, institutional coordination gaps, limited public participation, and conflicts between conservation and developmental priorities. It concludes that India possesses a robust legal and policy framework for biodiversity conservation, but effective implementation requires stronger institutional capacity, community participation, scientific integration, and coordinated governance. A balanced approach combining environmental protection with sustainable development is essential to safeguard India's biological heritage for future generations.