BIODIVERSITY

CONSERVATION
(Impact of climate
change on biodiversity
and ecosystems; Role
and relevance of
community participation
in biodiversity
conservation)

BRIJESH GEORGE
ROLL NO : 6
SEMESTER VI (3YR LLB REGULAR)
Introduction to Biodiversity Conservation
“Biodiversity is the variation among living organisms from different sources
including terrestrial, marine and desert ecosystems, and the ecological complexes
of which they are a part.”

Biodiversity refers to the variety and variability of life forms, including plants,
animals, microorganisms, and the ecosystems they form. It is the foundation of
ecosystem services that provide food, water, medicine, and climate regulation,
crucial for human survival. Biodiversity conservation is critical for maintaining
ecosystem balance and ensuring the resilience of our planet's ecological systems.
It includes the protection of species, their habitats, and the restoration of
damaged ecosystems. Biodiversity conservation is becoming more urgent as we
face unprecedented global challenges, particularly those stemming from climate
change.

The International Day for Biodiversity is celebrated every year on 22

May.
Biodiversity is not evenly distributed,
rather it varies greatly across the
globe as well as within regions and
seasons. Among other factors, the
diversity of all living things (biota)
depends on temperature,
precipitation, altitude, soils,
geography and the interactions
between other species. The study of
the spatial distribution of organisms,
species and ecosystems, is the
science of biogeography.
Types of Biodiversity

There are the following three

different types of biodiversity:

• Genetic Biodiversity
• Species Biodiversity
• Ecological Biodiversity
1.Genetic diversity
“Genetic diversity is defined as genetic
variability present within species.”
Genetic diversity is the product of
recombination of genetic material in the
process of inheritance. It changes with time
and space. Sexual reproduction is important
in maintaining genetic diversity as it gives
unique offspring by combining genes of
parents. Mutation of genes, genetic drift and
gene flow are also responsible for genetic
diversity.

2.Species diversity
“Species diversity is defined as the number of
different species present in an ecosystem and
relative abundance of each of those species.”
Diversity is greatest when all the species
present are equally abundant in the area.
3.Ecological diversity

An ecosystem is a collection of living

and non-living organisms and their
interaction with each other. Ecological
biodiversity refers to the variations in
the plant and animal species living
together and connected by food chains
and food webs. It is the diversity
observed among the different
ecosystems in a region. Diversity in
different ecosystems like deserts,
rainforests, mangroves, etc., include
ecological diversity.
Importance of Biodiversity
Biodiversity and its maintenance are very important for sustaining life on earth. A
few of the reasons explaining the importance of biodiversity are:

1. Ecological Stability
Every species has a specific role in an ecosystem. They capture and store energy and
also produce and decompose organic matter. The ecosystem supports the services
without which humans cannot survive. A diverse ecosystem is more productive and
can withstand environmental stress.

2. Economic Importance
Biodiversity is a reservoir of resources for the manufacture of food, cosmetic
products and pharmaceuticals. Crops livestock, fishery, and forests are a rich sources
of food. Wild plants such as Cinchona and Foxglove plant are used for medicinal
purposes. Wood, fibres, perfumes, lubricants, rubber, resins, poison and cork are all
derived from different plant species. The national parks and sanctuaries are a source
of tourism. They are a source of beauty and joy for many people.

3. Ethical Importance
All species have a right to exist. Humans should not cause their voluntary extinction.
Biodiversity preserves different cultures and spiritual heritage. Therefore, it is very
important to conserve biodiversity.
Impact of Climate Change on Biodiversity and
Ecosystems
Climate change refers to long-term
changes in local, global or regional
temperature and weather due to
human activities. For 1000s of
years, the relationship between
lifeforms and the weather have
been in a delicate balance
conducive for the existence of all
lifeforms on this Planet.

After the industrial revolution

(1850) this balance is gradually
changing and the change has
become apparent from the middle
of the twentieth century. Now it has
become a major threat to the
wellbeing of humans and the
sustainability of biodiversity.
Drivers of climate change

1. Emission of green-house gases

2. Deforestation

Impact of climate change

1. Habitat Loss and Fragmentation on land and

sea.
2. Ocean Acidification.
3. Changes in Ecosystem Services.
4. Increased Frequency of Extreme Weather
Events.
5. Climate change creates pathways for the
introduction
and spread of invasive species.
6. Sea level rise
7. Desertification
How can we protect biodiversity from climate change?
To protect biodiversity from climate change, we need to focus on big solutions.
We need large-scale, system-wide changes, which can include:

• Reducing greenhouse gases. This can be done by using energy more efficiently,
changing how we use energy, and using more renewable sources like solar and
wind.
• Implementing conservation policies that consider the impact of climate change
on wildlife. This includes restoring damaged ecosystems, protecting more wild
spaces, and promoting environmental justice.
This allows species to move freely between habitats. • Creating more wildlife
corridors and protected green spaces.
• Funding research and monitoring of wildlife. This is critical for endangered
species and ones at risk from climate change. Doing so can help us understand
and plan better ways to protect biodiversity.

Biodiversity and its Conservation Methods

Biodiversity can be conserved in the following ways:

• In-situ Conservation (Article 8 of the Convention on Biodiversity)

• Ex-situ Conservation (Article 9 of the Convention on Biodiversity)
1.In-situ Conservation

In-situ conservation of biodiversity is the conservation of species within their natural

habitat. In this method, the natural ecosystem is maintained and protected.
The in-situ conservation has several advantages. Following are the important
advantages of in-situ conservation:
a. It is a cost-effective and convenient method of conserving biodiversity.
b. A large number of living organisms can be conserved simultaneously.
c. Since the organisms are in a natural ecosystem, they can evolve better and can
easily adjust to different environmental conditions.
d. Certain protected areas where in-situ conservation takes place include national
parks, wildlife sanctuaries and biosphere reserves.

2. Ex-situ Conservation

Ex-situ conservation of biodiversity involves the breeding and maintenance of

endangered species in artificial ecosystems such as zoos, nurseries, botanical
gardens, gene banks, etc. There is less competition for food, water and space among
the organisms.
Ex-situ conservation has the following advantages:
a. The animals are provided with a longer time and breeding activity.
b. The species bred in captivity can be reintroduced in the wild.
c. Genetic techniques can be used for the preservation of endangered species.
Role and Relevance of Community Participation in Biodiversity
Conservation

Community participation plays a crucial role in biodiversity conservation, as

local communities are often the first stewards of the environment. Engaging
local people in conservation efforts can lead to more sustainable and
effective outcomes. Here are several ways in which community participation
is vital:

• Traditional Knowledge and Practices:

Indigenous and local communities possess a wealth of traditional knowledge

that can aid in biodiversity conservation. Their practices have been
developed over centuries and often include sustainable resource
management techniques that can contribute to the preservation of
ecosystems. Integrating traditional ecological knowledge with modern
science can lead to more holistic conservation strategies.

• Empowerment and Ownership:

• Community-Based Conservation:

Community-based conservation initiatives, such as community-managed protected areas,

have shown great success in many regions. These initiatives enable local people to have
a direct say in the management of their natural resources, which can result in more
sustainable and context-specific conservation practices. An example is the community-
led conservation efforts in the Amazon rainforest, where local indigenous groups work to
protect biodiversity while benefiting from sustainable livelihoods.

• Education and Awareness:

Community participation helps to raise awareness about the importance of biodiversity

and the threats it faces. Education programs that involve local communities in
conservation efforts help to foster a culture of conservation. Schools, community
workshops, and media campaigns can promote sustainable practices and change
attitudes toward biodiversity.

• Policy Influence:

Local communities can influence national and international conservation policies through
active participation in governance and advocacy. By joining forces with NGOs,
governments, and international organizations, communities can advocate for policies
that support biodiversity conservation at larger scales.
Case Studies of Successful Community Involvement in
Biodiversity Conservation
1. The Maasai Mara Conservancies
(Kenya)

The Maasai Mara Wildlife Conservancies

Association (MMWCA) is a Kenyan
commitment, to conserve the greater
Maasai Mara ecosystem, through a
network of protected areas
(conservancies and conservation areas).
By conserving the greater Maasai Mara
ecosystem through this network of
community protected areas, they ensure
the prosperity of biodiversity and
wildlife, the regional Maasai population,
recreation, tourism, and the nation of
Kenya for generations to come. The
Maasai Mara is home to one of the most
diverse ecosystems in Africa. Local
Maasai communities have formed
2. The Kunu Indigenous Community (Peru):

Extractive activities, such as oil spills and oil

palm cultivation, and climate change, such as
drought and forest fires, are the main threats
to native communities and the huge variety of
ecosystems and a great wealth of natural
resources in Peru.
Currently, 21% of Peru’s territory consists of
mining concessions, which are superimposed
upon 47.8% of the territory of peasant
communities. Similarly, 75% of the Peruvian
Amazon is covered by oil and gas concessions.
This overlapping of rights to communal
territories, the enormous pressure being
exerted by the extractive industries, the lack of
territorial cohesion and absence of effective
prior consultation are all exacerbating
territorial and socio-environmental conflicts in
Peru.

The Kunu indigenous community in the

Peruvian Amazon has been instrumental in the
protection of their traditional forest lands,
Relevant Articles and Conventions Addressing Climate Change
and Biodiversity Conservation
Several international agreements and conventions aim to address the intersection
of climate change and biodiversity conservation:

United Nations Framework Convention on Climate Change (UNFCCC):

The UNFCCC, adopted in 1992, is the primary international treaty aimed at

combating climate change. It acknowledges the importance of biodiversity
conservation in climate action and calls for the protection of ecosystems as part of
broader environmental goals.

The Paris Agreement (2015):

The Paris Agreement, adopted under the UNFCCC, aims to limit global warming to
well below 2°C above pre-industrial levels, with a goal of limiting it to 1.5°C. This
agreement recognizes that climate change impacts biodiversity and ecosystems
and calls for efforts to reduce greenhouse gas emissions and enhance adaptation
efforts to protect vulnerable species and ecosystems.
Convention on Biological Diversity (CBD):

The CBD, adopted in 1992 at the Earth Summit in Rio de Janeiro, is an

international legally binding treaty aimed at preserving biodiversity, promoting
sustainable use of natural resources, and ensuring the fair and equitable sharing
of the benefits of biodiversity. The CBD provides a framework for integrating
biodiversity conservation into global climate action.

The Nagoya Protocol (2010):

The Nagoya Protocol is a supplementary agreement to the CBD that focuses on

access to genetic resources and the fair sharing of benefits derived from their
use. The protocol recognizes the importance of maintaining biodiversity for
climate change resilience and adaptation.

Intergovernmental Panel on Climate Change (IPCC):

The IPCC provides scientific assessments on the state of climate change and its
impacts on ecosystems. The IPCC's reports emphasize the need for biodiversity
conservation as part of broader climate change mitigation and adaptation
strategies.
Convention on Biological Diversity (CBD)
The United Nations Convention on Biological Diversity, informally known as the
Biodiversity Convention, is a multilateral treaty opened for signature at the Earth Summit
in Rio De Janeiro in 1992. It is a key document regarding sustainable development. It
comes under the United Nations Environment Programme (UNEP).

•196 countries are a party to the CBD.

•India is also a party to the Convention. India ratified it in 1994.
•The Biological Diversity Act, 2002 was enacted for giving effect to the provisions of the
Convention.
•To implement the provisions of the Act, the government established the National
Biodiversity Authority (NBA) in 2003. The NBA is a statutory body.
•The convention is legally binding on its signatories.
•The Conference of Parties (COP) is the governing body of the convention. It consists of
the governments that have ratified the treaty.
•Its Secretariat is in Montreal, Canada.
•Only two member states of the United Nations are not Parties to the CBD, namely: the
USA and the Vatican.
•In the 1992 Earth Summit, two landmark binding agreements were signed, one of them
being the UNCBD. The other one was the Convention on Climate Change.
•More than 150 countries signed the document at the Summit, and since then, over 175
nations have ratified the agreement.
For the purposes of this Convention:

"Biological diversity" means the variability among living organisms from all sources
including, inter alia, terrestrial, marine and other aquatic ecosystems and the ecological
complexes of which they are part; this includes diversity within species, between species
and of ecosystems.
"Biological resources" includes genetic resources, organisms or parts thereof,
populations, or any other biotic component of ecosystems with actual or potential use or
value for humanity.
"Biotechnology" means any technological application that uses biological systems, living
organisms, or derivatives thereof, to make or modify products or processes for specific
use.

Goals of the Convention on Biological Diversity

The goals of the Convention are listed below:

A. Conservation of Biological Diversity

B. Sustainable use of the components of the Biodiversity
C. Fair and equitable sharing of benefits arising from the genetic resources
Conservation of Biodiversity in India
India is signatory to several major international conventions relating to conservation
and management of wildlife. Some of these are Convention on Biological Diversity,
Convention on International Trade in Endangered Species of Wild Fauna and Flora
(CITES) etc. India is one among the 17 mega diverse countries of the world. But many
plants and animals are facing threat of extinction. To protect the critically endangered
and other threatened animal and plant species, Government of India has adopted many
steps, laws and policy initiatives.
Important Indian Acts passed related to Environment and Bio Diversity

• Fisheries Act 1897

• Indian Forests Act 1927
• Mining and Mineral Development Regulation Act 1957
• Prevention of cruelty to animals 1960
• Wildlife protection act 1972
• Water (prevention and control of pollution) act 1974
• Forest Conservation Act 1980
• Air (prevention and control of pollution) act 1981
• Environment Protection Act 1986
• Biological Diversity Act 2002
• Scheduled Tribes and other traditional forest dwellers (recognition of rights) act
2006.
Project Tiger: Project Tiger was launched by the Government
of India with the support of WWF-International in 1973 and
was the first such initiative aimed at protecting this key
species and all its habitats.

Crocodile Conservation: Crocodiles have been threatened as

their skin is used for making leather articles. This led to the
near extinction of crocodiles in the wild in the 1960s in India.
A Crocodile Breeding and Conservation Program was
initiated in 1975 to protect the remaining population of
crocodilians in their natural habitat and by creating breeding
centers. It is perhaps one of the most successful ex situ
conservation breeding projects in the country.

Project Elephant: Project Elephant was launched in 1992 to

ensure the long-term survival of a viable population of
elephants in their natural habitats in north and northeastern
India and south India. It is being implemented in 12 States

Orissa – Olive Ridley Turtles: Recognizing the threats to

turtles from fishing by large trawlers, the Orissa Marine
Fisheries Regulation Act was passed in 1982. This Act
prohibits trawling within 10 km of the coastline throughout
Biological Diversity Act, 2002
The Biological Diversity Act, 2002 is an Act by the Parliament of India for the
preservation of biological diversity in India, and provides the mechanism for equitable
sharing of benefits arising out of the use of traditional biological resources and
knowledge. The Act was enacted to meet the obligations under the Convention on
Biological Diversity, because India is a signatory to the treaty. Section 2(b) of the
Biodiversity Act defines biodiversity as the ‘variability among living organisms from all
sources and the ecological complexes of which they are part and includes diversity
within species or between species and of eco-systems.’

Objectives of Biological Diversity Act 2002 (BDA 2002)

1.Conservation of Biodiversity - The primary objective of the Act is to conserve India’s

rich biological diversity, including its flora, fauna, and ecosystems. This includes the
protection of species, habitats, and genetic resources.
2.Sustainable Use - The Biological Diversity Act 2002 (BDA 2002) emphasises the
sustainable use of biological resources. It aims to ensure that the exploitation of these
resources does not compromise their availability for future generations.
3.Equitable Sharing of Benefits - It promotes the fair and equitable sharing of benefits
derived from the use of biological resources and traditional knowledge with local
communities and indigenous people who have traditionally conserved and used these
Authorities under Biological Diversity Act 2002
1. National Biodiversity Authority (NBA)
The Act established the National Biodiversity Authority (NBA) as a regulatory body to
oversee the implementation of the Act. The NBA plays a crucial role in granting approvals
for accessing biological resources, promoting research, and facilitating benefit sharing.
The act mandates that all foreign nationals or organisations must obtain prior approval
from the NBA to obtain biological resources and associated knowledge for any use. Also,
any Indian national would require NBA approval before providing results of research with
respect to any biological resources to any foreign national/organization. While granting
the approval, the NBA would ensure equitable sharing of benefits to locals. When
applying for an IPR for an invention which is in turn based on information/research or
biological resource obtained from India, the applicant would need prior approval of NBA.
This provision serves to protect traditional knowledge.

2. State Biodiversity Boards (SBBs)

The Act mandates the establishment of State Biodiversity Boards (SBBs) to ensure
effective implementation of the Act at the state level. These boards work in coordination
with the NBA to address regional biodiversity concerns

3. Biodiversity Management Committees (BMCs)

The Act establishes Biodiversity Management Committees (BMCs) at the local level to
promote biodiversity conservation, sustainable use, and documentation. BMCs play a vital
Case Laws

In T. N. Godavarman v. Union of India (2006) 1 SCC 1. - the Supreme

Court held there is a constitutional imperative to preserve and enhance
forest cover as a natural gene pool reserve. India’s biodiversity is
reflected in the heterogeneity of its forest cover. The preservation of
ecosystems, species and all varieties of life need to be managed for both
present and future generations.

In Suo Moto v. State of Karnataka, 68(2009) SCC Online Kar 789 - the
High Court of Karnataka took cognizance of the unexplained death of
elephants in the Mysore forest area. Referring to Articles 48A and 51A(g)
of the Indian Constitution, the court observed that it is the obligation of
society to ensure the conservation and welfare of the animal world by
maintaining an ecological balance. The court adjudicated the matter
under the Wildlife Act 1972 and directed the appointment of a Task Force
expert committee for the conservation of elephants as they represent the
ancient cultural heritage of the state of Karnataka.
In Athup Lepcha v. State of Sikkim MANU/SI/0026/2010 - a PIL was filed in the Sikkim
High Court challenging the environmental and forest clearances given for the
construction of the Teesta Stage III hydroelectric project. The petitioners argued that
Sikkim is a biodiversity hotspot with many native medicinal plants and herbs in the
forest. The proposed project was to be undertaken in the biosphere reserve area and the
Khanchendzonga National Park. The petitioners challenged the project as it amounted to
exploiting the region’s biodiversity contrary to the Forest (Conservation) Act 1980 read
with the Environment Protection Act 1986. The Court rejected the petitioners’ argument
and relied on the findings of the expert Forest Advisory Committee under the Forest Act
1980. The Forest Advisory Committee while giving approval to the project considered
several aspects including green-belt development, biodiversity conservation, wildlife
management, creating ambient air quality, compensatory afforestation, and social
upliftment programmes. Surprisingly, the Court did not refer to the Biodiversity Act or
involve the regulatory bodies NBA or SBA despite the petitioners alleging violation under
the Biodiversity Act.

In Rohit Chaudhary v. Union of India NGT Judgment (7 September 2012). the NGT
allowed an application against unregulated quarrying and illegal mining activities
permitted in and around the Kaziranga National Park. The national park is not only a tiger
reserve under the provisions of the Wildlife (Protection) Act 1972, but also a UNESCO
World Heritage Site. In a strongly worded observation, the NGT stated the callous and
indifferent attitude by the authorities and infringement of law had led to unregulated and
In Goa Foundation v. Union of India NGT Judgment (18 July 2013). relates to the
conservation and protection of the Western Ghats, a World Heritage Site. The Western
Ghats are a treasure trove of biological diversity and recognised as a global ‘hotspot of
biodiversity’. They are a repository of endemic, rare and endangered flora and fauna.
The Ghats are areas of major plantations including tea, coffee, rubber, and various
spices.

In the much publicized and controversial case of Manoj Misra v. Delhi Development
Authority. 2017 SCC Online NGT 966; The Art of Living (AOL) Foundation was directed
to pay Rupees 5 crores as an interim environmental fine for allegedly damaging the
Yamuna floodplains by organizing a world cultural festival. Floodplains act as aquifers
and provide a habitat for riparian plants and animals and create wetlands for the
biological cleaning of wastewater. The festival was attended by Prime Minister Modi
and his cabinet. It is suggested that the NGT backed down and allowed the festival to
take place despite its earlier 2015 order wherein it mandated that no activity should
take place on the floodplain. The NGT failed to enforce its orders against AOL.

The AOL episode exposes a weakness in India’s environmental regulatory system,

demonstrating the willingness of authorities to bend rules at the dictate of the affluent
and influential. The NGT’s fait accompli argument was disconcerting and turns back the
clock. The environmental compensation cost only works if payment is enforced and is
sufficiently punitive to act as a deterrent. The NGT, normally a pillar of strength, within
Conclusion

Biodiversity conservation is essential for maintaining the health

and stability of ecosystems that provide essential services to
humanity. The impacts of climate change on biodiversity are
profound and multifaceted, including shifts in species distribution,
habitat loss, and the degradation of ecosystem services. Climate
change exacerbates existing pressures on biodiversity, making
conservation efforts more urgent than ever.

Community participation in biodiversity conservation plays a key

role in ensuring the success of conservation initiatives. Local
knowledge, sustainable practices, and active engagement in
decision-making processes can enhance the effectiveness of
biodiversity conservation efforts. It is critical that governments,
NGOs, and international organizations continue to prioritize the
involvement of local communities, integrate traditional ecological
knowledge with scientific approaches, and strengthen global
agreements like the CBD and the Paris Agreement to address the