Science & Technology
Biodiversity and Conservation
Conservation Laws and Institutions
WPA 1972 and its 2022 amendment, Biological Diversity Act 2002 and 2023 amendment, NBA-SBB-BMC, FRA, CBD protocols and the Kunming-Montreal 30x30 target for CGPSC.
Prerequisites
- In-situ Conservation: the protected areas these laws create
- DPSP and Fundamental Duties: Articles 48A and 51A(g), the constitutional basis of environmental law
- Forest Policy and Forest Laws: the Forest (Conservation) Act, PESA and the Forest Rights Act in Chhattisgarh
The Hook: Who Owns the Knowledge of Mahua?
Connect
A Baiga healer in Kabirdham knows which root treats which fever. A Gond family in Bastar knows when to collect mahua flowers and how to store them. Suppose a company turns that knowledge into a patented medicine or a branded drink. Who gets paid?
Before 2002, the honest answer in India was: often no one. The Biological Diversity Act, 2002 changed that by requiring access and benefit sharing. Thirty years earlier, the Wild Life (Protection) Act, 1972 had made hunting a crime and created national parks and sanctuaries.
What do India’s two main biodiversity laws say, how were they changed in 2022 and 2023, and which bodies enforce them?
Why it matters: Prelims asks about Schedules, sections, authorities and headquarters, and about what changed in the 2022 and 2023 amendments. Mains GS-II asks you to evaluate these laws, especially benefit sharing and community rights.
The Constitutional Base
| Provision | Content |
|---|---|
| Article 48A (DPSP) | The State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country |
| Article 51A(g) (Fundamental Duty) | Every citizen’s duty to protect and improve the natural environment, including forests, lakes, rivers and wildlife, and to have compassion for living creatures |
| Seventh Schedule | Forests (Entry 17A) and protection of wild animals and birds (Entry 17B) are in the Concurrent List |
| How | All three were introduced by the 42nd Amendment, 1976, which moved forests and wildlife from the State List to the Concurrent List |
| Article 21 | The Supreme Court has read the right to a clean and healthy environment into the right to life |
The Wild Life (Protection) Act, 1972 (वन्यजीव संरक्षण अधिनियम)
Core provisions
| Area | Provision |
|---|---|
| Hunting | Prohibited for animals in the Schedules, except in narrow cases (e.g. an animal that has become dangerous to human life, with permission of the Chief Wildlife Warden) |
| Protected areas | National parks (Sec 35), sanctuaries (Sec 18), conservation reserves (Sec 36A) and community reserves (Sec 36C) |
| Plants | Picking or uprooting specified plants from forest land or PAs is prohibited |
| Trade | Trade in scheduled animals, their parts and products is regulated or banned |
| Tiger reserves | Chapter IVB (2006 amendment): NTCA and tiger reserves |
| Zoos | Central Zoo Authority (Sec 38A, 1991 amendment; set up 1992) |
Bodies under the Act
| Body | Created by | Chaired by / role |
|---|---|---|
| National Board for Wildlife (NBWL) | 2002 amendment | Chaired by the Prime Minister; its Standing Committee (chaired by the Union Environment Minister) clears projects in and around PAs |
| State Board for Wildlife | WPA | Chaired by the Chief Minister; the 2022 amendment allowed it a Standing Committee |
| National Tiger Conservation Authority (NTCA) | 2006 amendment | Chaired by the Union Environment Minister |
| Wildlife Crime Control Bureau (WCCB) | 2006 amendment (constituted in 2007) | Coordinates action against organised wildlife crime |
| Central Zoo Authority (CZA) | 1991 amendment (set up in 1992) | Recognises and regulates zoos |
| Chief Wildlife Warden | WPA | Head of wildlife administration in each state |
The Wild Life (Protection) Amendment Act, 2022
Passed by Parliament in December 2022; in force from 1 April 2023.
| Change | Before | After the 2022 amendment |
|---|---|---|
| Schedules | Six Schedules (I–IV animals with different levels of protection; V vermin; VI specified plants) | Four Schedules |
| Schedule I | Highest protection (animals) | Animals with the highest protection |
| Schedule II | — | Animals with a lesser degree of protection |
| Schedule III | — | Protected plant species |
| Schedule IV | — | Specimens listed in the CITES Appendices |
| Vermin | Separate Schedule V | Schedule removed; the Centre can still declare a species vermin for an area and period by notification under Sec 62 |
| CITES | Implemented indirectly | New chapter to implement CITES: a Management Authority (issues permits) and a Scientific Authority (advises on the impact of trade) |
| Invasive alien species | No express power | The Centre can regulate or prohibit the import, trade and possession of invasive alien species |
| Penalties | Lower | Raised: maximum fine for general violations from ₹25,000 to ₹1 lakh; minimum fine for specially protected animals from ₹10,000 to ₹25,000 |
| Captive elephants | Transfer restricted | Transfer of captive elephants allowed for a religious or any other purpose, subject to conditions; criticised by conservationists |
| Surrender | — | People can voluntarily surrender captive animals or animal products to the Chief Wildlife Warden |
IUCN status vs WPA Schedule
The IUCN Red List is a scientific assessment; the WPA Schedules give legal protection. A species can be “Least Concern” globally and still be in Schedule I in India. Use both terms correctly in answers. The Red List categories are explained in Biodiversity (Geography).
The Biological Diversity Act, 2002 (जैव विविधता अधिनियम)
India ratified the CBD in 1994. The Act gives effect to the CBD’s three objectives: conservation, sustainable use and fair and equitable sharing of benefits from genetic resources.
Three-tier structure
graph TD
N["National Biodiversity Authority (NBA), Chennai, 2003"] --> S["State Biodiversity Boards (SBBs), one in each state"]
S --> B["Biodiversity Management Committees (BMCs), in every local body"]
B --> P["People's Biodiversity Registers (PBRs)"]| Body | Role |
|---|---|
| National Biodiversity Authority (NBA, राष्ट्रीय जैव विविधता प्राधिकरण), Chennai (set up 2003) | Prior approval for access to Indian biological resources and associated knowledge by foreign persons and entities; approval for IPR based on Indian biological resources; transfer of research results abroad; advises the Centre |
| State Biodiversity Boards (SBBs) | Regulate commercial use by Indian entities (through prior intimation); advise State Governments. Chhattisgarh has the Chhattisgarh State Biodiversity Board |
| Biodiversity Management Committees (BMCs, जैव विविधता प्रबंधन समिति) | Set up by every panchayat and municipality; conserve local biodiversity; prepare People’s Biodiversity Registers (PBRs, लोक जैव विविधता रजिस्टर) recording local resources and traditional knowledge; can levy collection fees |
Key ideas in the Act
- Access and Benefit Sharing (ABS): whoever commercially uses biological resources or associated traditional knowledge must share benefits (money, technology, jobs, joint IPR) with the communities and bodies that conserved them. India’s ABS system also implements the Nagoya Protocol (2010).
- Biodiversity Heritage Sites (Sec 37): notified by State Governments; the first was the Nallur Tamarind Grove, Karnataka (2007).
- Threatened species (Sec 38): the Centre can notify species on the verge of extinction and regulate their collection.
- Biodiversity funds at the national, state and local levels receive benefit-sharing money.
The Biological Diversity (Amendment) Act, 2023
Passed by Parliament in 2023; in force from 1 April 2024.
| Change | Effect |
|---|---|
| Decriminalisation | Most offences, earlier punishable with imprisonment, now attract penalties of ₹1 lakh to ₹50 lakh |
| AYUSH and local exemption | Registered AYUSH practitioners, users of codified traditional knowledge, and local people and growers are exempt from prior intimation to SBBs |
| Cultivated medicinal plants | Encouraged; aims to reduce pressure on wild medicinal plants |
| Foreign-controlled companies | Indian companies controlled by foreigners are treated as foreign entities and need NBA approval |
| IPR | NBA approval needed before the grant of an IPR (earlier, before applying) |
The criticism
Critics argue that the 2023 amendment favours industry: exempting “codified traditional knowledge” (texts of Ayurveda and other systems) may leave out the knowledge holders, and decriminalisation may weaken deterrence. Supporters say it eases research and investment and encourages cultivation. A balanced Mains answer mentions both.
Other Laws That Shape Conservation
| Law | Year | Link to biodiversity |
|---|---|---|
| Indian Forest Act | 1927 | Reserved, protected and village forests |
| Forest (Conservation) Act | 1980 | Central approval to divert forest land; renamed Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980 by the 2023 amendment |
| Environment (Protection) Act | 1986 | Umbrella law; basis for EIA, Eco-Sensitive Zones and the Wetlands Rules, 2017 |
| PESA | 1996 | Gram Sabhas in Scheduled Areas own minor forest produce |
| Forest Rights Act | 2006 | Individual and Community Forest Resource (CFR) rights; Critical Wildlife Habitat (Sec 2(b)) only after rights are recognised |
| National Green Tribunal Act | 2010 | Specialised tribunal for environmental cases |
International Framework (How India Implements It)
| Instrument | Year | India’s implementation |
|---|---|---|
| Convention on Biological Diversity (CBD) | 1992 (Rio Earth Summit) | Biological Diversity Act, 2002; National Biodiversity Strategy and Action Plan |
| Cartagena Protocol (biosafety, living modified organisms) | 2000 | GM regulation under the Environment (Protection) Act (GEAC) |
| Nagoya Protocol (access and benefit sharing) | 2010 | ABS provisions of the BDA |
| Kunming-Montreal Global Biodiversity Framework (KM-GBF) | December 2022 (CBD COP15, Montreal) | 23 targets for 2030; Target 3 (“30x30”): conserve at least 30% of land, inland water, coastal and marine areas by 2030 |
| India’s updated NBSAP | Released 30 October 2024 at CBD COP16, Cali (Colombia) | 23 national biodiversity targets aligned with the KM-GBF, including the 30% target |
| CITES | 1973; India a party since 1976 | WPA chapter and Schedule IV after the 2022 amendment |
| Ramsar Convention | 1971; India since 1982 | Wetlands Rules, 2017 |
CBD COP17 is scheduled for Yerevan, Armenia, 19–30 October 2026. Details of all treaties are in Environmental Conventions.
Analysis for Mains: Do India’s Laws Work?
Strengths
- Strong legal protection: Schedule I species, strict national parks and statutory tiger reserves.
- Decentralised design: the BDA reaches every local body through BMCs and PBRs, and the FRA gives Gram Sabhas a legal voice.
- Updated for global obligations: CITES (2022 amendment), Nagoya (BDA), KM-GBF (2024 NBSAP).
Weaknesses
- Implementation gaps: many BMCs exist on paper, and many PBRs are incomplete or never used for benefit sharing.
- Low benefit flow: ABS money reaching communities has been small compared with the scale of commercial use.
- Dilution concerns: the 2023 BDA amendment and the 2023 forest law amendment are seen by critics as weakening safeguards.
- Conflict of laws: WPA (strict protection) and FRA (rights) pull in different directions unless relocation is truly voluntary.
- Enforcement: wildlife crime is organised and cross-border; staffing and forensic capacity are limited.
Chhattisgarh angle: the State Biodiversity Board and BMCs can document the medicinal plants and MFP knowledge of Baiga, Gond and other communities; FRA CFR rights in Udanti-Sitanadi and Kanger Valley show rights and conservation coexisting.
Memory Tricks
WPA 2022 Schedules: '4 = A-A-P-C'
I = Animals (highest), II = Animals (lesser), III = Plants, IV = CITES. “All Animals Please Comply.” Six became four; vermin left the Schedules.
WPA amendments by year: '91-02-06-22'
1991 zoos (CZA) → 2002 NBWL + conservation/community reserves → 2006 NTCA + WCCB → 2022 four Schedules + CITES.
BDA tiers: 'N-S-B, Chennai at the top'
NBA (Chennai, foreigners and IPR) → SBB (Indian users) → BMC (PBRs). “National State Base.”
Don’t Confuse
| This | vs | That |
|---|---|---|
| NBA: Chennai, under BDA 2002 | NTCA: under WPA (2006); NBWL: under WPA (2002), chaired by PM | |
| NBA: foreign entities, IPR | SBB: Indian entities (prior intimation) | |
| WPA Schedule IV (after 2022): CITES specimens | Old Schedule IV: animals with lower protection | |
| Nagoya Protocol (2010): benefit sharing | Cartagena Protocol (2000): biosafety of LMOs | |
| KM-GBF (2022, Montreal): 23 global targets | India’s NBSAP (2024, Cali): 23 national targets | |
| WPA 2022 amendment: in force 1 April 2023 | BDA 2023 amendment: in force 1 April 2024 | |
| Art 48A: duty of the State (DPSP) | Art 51A(g): duty of citizens (Fundamental Duty) |
Common Mistakes
Trap 1: WPA still has six Schedules
Since 1 April 2023, the WPA has four Schedules. Old guides still describe six.
Trap 2: NBA in New Delhi
The National Biodiversity Authority is in Chennai. Delhi hosts NBPGR (gene bank), not the NBA.
Trap 3: the 2023 BDA amendment made offences criminal
It did the opposite: it decriminalised most offences, replacing jail terms with penalties of ₹1 lakh to ₹50 lakh.
Trap 4: wildlife in the State List
Forests and wildlife protection moved to the Concurrent List in 1976 (42nd Amendment).
Practice
All questions below are original practice questions written in CGPSC style. They are not previous-year questions.
Level 1: Foundation
- After the 2022 amendment, the Wild Life (Protection) Act has ________ Schedules, of which Schedule ________ covers CITES specimens.
- The National Biodiversity Authority is located at ________.
- People’s Biodiversity Registers are prepared by ________.
Answers
- Four; Schedule IV.
- Chennai.
- Biodiversity Management Committees (BMCs).
Level 2: Prelims MCQs
Q1. Consider the following statements about the Wild Life (Protection) Amendment Act, 2022:
- It reduced the number of Schedules from six to four.
- It retained a separate Schedule for vermin species.
- It provided for a Management Authority and a Scientific Authority to implement CITES.
Which of the statements given above is/are correct?
- (a) 1 only
- (b) 1 and 3 only
- (c) 2 and 3 only
- (d) 1, 2 and 3
Answer and explanation
(b) 1 and 3 only. The amendment cut the Schedules to four and removed the vermin Schedule; a species can still be declared vermin by notification under Sec 62 (statement 2 is wrong). It added a CITES chapter with a Management Authority and a Scientific Authority.
Q2. Match List I (Body) with List II (Law / basis):
| List I | List II |
|---|---|
| A. National Biodiversity Authority | 1. Wild Life (Protection) Act (2006 amendment) |
| B. National Tiger Conservation Authority | 2. Biological Diversity Act, 2002 |
| C. National Board for Wildlife | 3. Wild Life (Protection) Act (2002 amendment) |
| D. Eco-Sensitive Zones | 4. Environment (Protection) Act, 1986 |
- (a) A-2, B-1, C-3, D-4
- (b) A-2, B-3, C-1, D-4
- (c) A-1, B-2, C-3, D-4
- (d) A-2, B-1, C-4, D-3
Answer and explanation
(a) A-2, B-1, C-3, D-4. The NBA is under the BDA; the NTCA came with the 2006 WPA amendment; the NBWL (chaired by the PM) with the 2002 amendment; ESZs are notified under the Environment (Protection) Act.
Q3. Under the Biological Diversity Act, 2002 (as amended in 2023), which one of the following requires prior approval of the National Biodiversity Authority?
- (a) A registered AYUSH practitioner using a local medicinal plant
- (b) A village farmer selling cultivated medicinal plants
- (c) An Indian company controlled by foreign shareholders accessing an Indian biological resource for commercial use
- (d) A local community collecting forest produce for its own use
Answer and explanation
(c). After the 2023 amendment, foreign-controlled Indian companies are treated as foreign entities and need NBA approval. AYUSH practitioners, local people and growers are exempt from prior intimation, and personal or community use was never regulated in this way.
Q4. The “30x30” target, to conserve at least 30% of land and sea areas by 2030, is part of:
- (a) The Paris Agreement
- (b) The Kunming-Montreal Global Biodiversity Framework
- (c) The Nagoya Protocol
- (d) The Ramsar Convention’s Strategic Plan
Answer and explanation
(b). Target 3 of the KM-GBF, adopted at CBD COP15 in Montreal in December 2022. India’s updated NBSAP (released at COP16, Cali, October 2024) adopted 23 national targets aligned with it.
Q5. Which constitutional amendment placed “Forests” and “Protection of wild animals and birds” in the Concurrent List?
- (a) 24th Amendment
- (b) 42nd Amendment
- (c) 44th Amendment
- (d) 73rd Amendment
Answer and explanation
(b) 42nd Amendment, 1976. It also added Article 48A (DPSP) and Article 51A(g) (Fundamental Duty) on the environment.
Level 3: Mains Answer Writing
Q1. (60 words) What are Biodiversity Management Committees? State their role.
Model answer outline
- Local tier of the Biological Diversity Act, 2002, set up in every panchayat and municipality.
- Roles: conserve local biodiversity; prepare People’s Biodiversity Registers of resources and traditional knowledge; advise NBA and SBBs on access requests; levy collection fees; receive benefit-sharing money.
- Chhattisgarh: can document MFP and medicinal knowledge of Baiga, Gond and other communities.
Q2. (150–200 words) Examine the key changes made by the Wild Life (Protection) Amendment Act, 2022 and the Biological Diversity (Amendment) Act, 2023. Do they strengthen or weaken conservation?
Model answer outline
- Intro: Both amendments updated India’s main biodiversity laws, the WPA 1972 and the BDA 2002, for new global and economic realities.
- WPA 2022 (in force 1 April 2023): six Schedules to four; vermin Schedule removed; CITES chapter with Management and Scientific Authorities; power over invasive alien species; higher fines; Standing Committee for State Boards; transfer of captive elephants allowed.
- BDA 2023 (in force 1 April 2024): decriminalisation (penalties ₹1 lakh–₹50 lakh); exemptions for AYUSH practitioners, codified traditional knowledge and growers; foreign-controlled companies need NBA approval; IPR approval before grant.
- Strengthens: CITES compliance, invasive species control, higher wildlife fines, cultivation over wild collection.
- Weakens (critics): elephant transfers may enable trade; codified-knowledge exemption may bypass knowledge holders and reduce benefit sharing; decriminalisation may weaken deterrence.
- Conclusion: The laws are more modern; whether they strengthen conservation depends on rules, enforcement and real benefit flows to BMCs and communities.
Quick Revision Table
| Fact | Detail |
|---|---|
| Constitution | Art 48A (State), 51A(g) (citizens); forests and wildlife in Concurrent List; all via 42nd Amendment, 1976 |
| WPA | 1972; PAs Sec 18/35/36A/36C; tiger chapter IVB (2006) |
| WPA amendments | 1991 CZA; 2002 NBWL + CR/CoR; 2006 NTCA + WCCB; 2022 four Schedules + CITES |
| WPA 2022 | In force 1 April 2023; Sch I/II animals, III plants, IV CITES; vermin via Sec 62 |
| NBWL | Chaired by PM |
| BDA | 2002; NBA Chennai (2003); SBB; BMC → PBR; ABS; BHS (Sec 37) |
| First BHS | Nallur Tamarind Grove, Karnataka (2007) |
| BDA 2023 | In force 1 April 2024; penalties ₹1 lakh–₹50 lakh; AYUSH exemption |
| CBD | 1992; India ratified 1994; Cartagena 2000; Nagoya 2010 |
| KM-GBF | Dec 2022, Montreal; 23 targets; Target 3 = 30x30 |
| India’s NBSAP | 30 Oct 2024, COP16 Cali; 23 national targets |
| CBD COP17 | Yerevan, 19–30 Oct 2026 (scheduled) |
Key Takeaways
Key Takeaways
- Art 48A, 51A(g) and the Concurrent List status of forests and wildlife all come from the 42nd Amendment (1976).
- The WPA 1972 creates PAs and bans hunting; its 2022 amendment (in force 1 April 2023) gives four Schedules and implements CITES.
- The BDA 2002 works through NBA (Chennai) → SBB → BMC (PBRs) and requires access and benefit sharing.
- The 2023 BDA amendment (in force 1 April 2024) decriminalised offences and exempted AYUSH and growers; it is debated.
- Globally, the Kunming-Montreal framework sets 30x30; India’s 2024 NBSAP has 23 national targets.
What’s Next
- Quick Revision: the whole chapter on one page
- Environmental Conventions: CBD, CITES, Ramsar and climate treaties
- Forest Policy and Forest Laws: FRA, PESA and CFR rights in Chhattisgarh
- Environmental Pollution and Waste Management: the next chapter in Science & Technology
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