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ROUGH DRAFT

ENVIRONMENTAL LAW
TOPIC: Analysis of Biological Diversity Act, 2002

Submitted to: Mr. Hrishikesh Manu

Faculty of Environmental Law

Submitted by: Ankit Anand

Roll no: 917

Semester: 7th

BA L.L.B
INTRODUCTION
Environmental law, post-independence, started growing its roots in India in the early 70s.
Inspired by the Stockholm conference and the world scenario various laws were passed.
The Wildlife (Protection) Act 1972 was the first such statute to be promulgated. In the
following years the Water (Prevention and Control of Pollution) Act of 1974, The Forest
(Conservation) Act 1980, The Air (Prevention and Control of Pollution) Act 1981, and The
Environment (Protection) Act 1986 collectively gave the country a bundle of strong laws.
The Wildlife (Protection) Act 1972 sought to protect species of animals and birds which were
under threat of extinction. There are 410 species of mammals in India which account for
8.86% of the world's mammals. Nearly 89 species are listed as threatened in the International
Union for Conservation of Nature and Natural Resources (IUCN) Red List of Threatened
Animals (IUCN 2006).
The Water (Prevention and Control of Pollution) Act, 1974 was an effort to reduce and stop
pollution in rivers. The Air (Prevention and Control of Pollution) Act, 1981 is made on
similar lines as the Water Act but it goes a few steps forward in terms of details. It was made
to take appropriate steps for the preservation of the natural resources of the earth which,
among other things, includes the preservation of the quality of air and control of air pollution.
The Public Liability Insurance Act, 1991 came on the heels of the Bhopal Gas tragedy. Its
main aim was to provide relief to victims of industrial disaster victims. It became obligatory
for industrial set-ups to obtain insurance which was equivalent to the capital needed to
establish the industry.
In June 2010 the National Green Tribunal (NGT) Bill was passed. It heralded a new dawn in
environmental protection. The court has been set in New Delhi and four benches spread
around the country with the sole mission to quickly dispose off environmental protection
cases. The Environment (Protection) Act (EPA), 1986, was the first one to deal with
environment protection and its components in a holistic way. The EPA was purportedly
framed to give effect to the decisions taken at the UN conference on the human environment
held in 1972; however, many say that it was the Bhopal tragedy that precipitated the
enactment of the legislation. The EPA provided a framework for management of hazardous
substances, prior assessment of the environmental impact of major developmental projects,
discharge of industrial pollutants and effluents into the environment, guidance for industrial
setups, and management of chemical accidents.
AIMS AND OBJECTIVE
The main and objective of the researcher is to know and analyse the Biological Diversity act,
2002. And to know how this act help in protecting and preserving the environment.

RESEARCH METHODOLOGY
The researcher has adopted doctrinal method of research for the project as no feild work has
been done.

SOURCE OF DATA
The following secondary and primary sources of data have been used in the project are:
1 .Books
2. Websites
3. Articles

HYPOTHESIS
This act has been enacted for preservation of biological diversity in India, and provides
mechanism for equitable sharing of benefits arising out of the use of traditional biological
resources and knowledge.

TENTATIVE CHAPTERISATION
Introduction
Principles Evolved as a part of Environmental Legislation
The Biological Diversity Act, 2002
Critical Appraisal
Conclusion

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