Ancient Thoughts

The reverence for life has been a part of Indian thought since time immemorial. All the major religions that took birth in India for example, Hinduism, Buddhism, and Jainism have enshrined this philosophy of life. The tradition of wild life preservation dates back to the Vedic period. The Ancient Hindu scriptures directed people to protect their environment. Domestic and wild animals have been worshipped by the Hindus and the Yajurveda, the Bridha Smriti, the Yagyavalkya Smriti and the Vishnu Samhita, all emphasizing the need to peacefully co-exist with animals and serve them. Various caste groups often had an animal as the sacred symbol of their gotra and the members of those groups considered it their religious duty to protect these totemic animals. Buddhism and Jainism specifically advocated the protection of all jiva or living beings. It was clear that kindness towards animals and respect for them has been an integral part of religious and social life in ancient India.

The Pre-British Period

There is little record of forests being regulated by codes before the advent of the British. However, Vedic literature does indicate that forests were held in high esteem. The earliest historical evidence of forest and their use in human life in India relates to the MohenjodaroHarappa civilization (about 5000-4000 BC). The seals and painted pottery recovered from the Indus Valley show the pipal and babul (species Ficus and Acacia, respectively), which we regard as celestial plants. Kautiliyas Arthshastra also suggests a systematic management of forests. The quantum of punishment for felling of trees was proportionate to the utility of the tree. Forest management was conditioned by the need for the promotion of forest-based industries or crafts, exploitation of forest wealth in making household articles and for defense purposes.The Gupta period (200-600 AD) witnessed a distribution of forests similar to that of the Mauryan period, despite the two periods being separated by centuries. The Mughal period (1526-1700) was characterized by a continuous destruction of forests for timber and clearance for cultivation.

The British Period

By the middle of the 19th century, the depletion of forests began to assume serious proportions in India. The British Government was forced to recognize that the forests in India were, after all, not inexhaustible. Various officers were deputed from time to time to report on forest areas, and all of them emphasized the need for the conservation and its improvement. In 1847, Gibson was appointed Conservator of Forests in Bombay, and in 1856, a significant year in the history of forests in India, Lord Dalhousie emphasized the need for a definite forest policy. Owing largely to the increasing difficulty of obtaining adequate supplies of timber (needed for the great extension of railway lines then being undertaken) and as a result of systematic destruction of forests areas for cultivation, the Government of India was forced to take energetic steps to protect from further destruction of forests that still survived. [Smythies 1924:6-7]. Further as put by Stebbing: the safety of the empire depended on its wooden walls [Stebbing I 1922:63]. This was a period of intense rivalry between the colonial powers. The Indian teak, suitable for ship building, saved England during the war with Napoleon. It also

helped later in maritime expansion. Ships were built from the teak imported from India in the dockyards of Goa and the Malabar Coast [Guha 1983:1883]. In 1865, the first Indian Forest Act was passed. It was amended in 1878 when a comprehensive law, The Indian Forest Law Act VII, came into force. The provision of this Act established a virtual State monopoly over the forests in a legal sense on one hand, and attempted to establish, on the other, that the customary use of the forests by the villagers was not a right, but a privilege that could be withdrawn at will. The historical context of laws relating to forests also seems to present two distinct views on their objectives. One view, which is held by the State, is that the forests were reserved to restrict use and enable sustainable harvesting, which would meet the objectives of both conservation and livelihood requirements of the poor. However, a contrary view that some legal jurists and legal anthropologists hold is that for the Colonial Government, the Forest Acts were a mere instrument of controlling and exploiting common property land by restricting peoples access to forests resources and securing exclusive control over the forests.

The Post-Independence Period

The first year of Parliament stated the first post-independence policy on forests in 1952, where national interests overrode all interests and forests were viewed as a national asset. It was made clear that local priorities and interests and claims of the communities around forest areas should be subservient to larger national interests. In 1976, the National Commission on Agriculture recommended that production of industrial wood would have to be the raison detre for the existence of forests, and this would have priority over the needs of individuals and communities. The same year also witnessed the 42nd Amendment to the Constitution, which transferred the forests from the State List to the Concurrent List, thus re-emphasizing the role of the Central Government in the management of forests. Despite spreading global consciousness and concurrent policy pronouncements, large scale denudations as well as encroachment of forest land continued across the country. This led to the enactment of the Forest Conservation Act, 1980, which has been credited to some extent in retarding the process of deforestation. Legally speaking, the Forest Conservation Act, 1980, merely shifts powers for decisions concerning forest land use from the State to the Centre. Subsequently, the National Forest Policy 1988 was enacted and was a drastic shift in the approach towards management of forests in comparison to the post-independence Forest Policy of 1952. It is pertinent to mention that the major shift was the interchanged role of national interest with individual and community interests. While conservation of forests in the national interest remained a policy objective, the emphasis shifted to the bona fide requirements of the marginalized individuals and communities who were dependent on the forests.

Recent Developments
The year 1990 witnessed an unprecedented move by the Central Government resulting in the issuing of a circular on Joint Forest Management, which recognized the role of communities in the management of forests. The same circular attempts to involve people by providing minor forest produce as well as benefits that would accrue due to harvested timber in case the Village forest Committees (VFCs) function to the satisfaction of the Divisional Forest Officer (DFO). The full potential of this activity is yet to be seen, although legal concerns have already been expressed in various quarters from within and outside the Government, especially regarding mechanisms of benefit sharing and the legal standing of the various

Government Orders (GOs) issued by various State Governments in the light of the circular. The Ministry of Environment and Forests recent thrust to provide legal sanctity to the Village Forest Committees under the Societies Registration Act has given rise to new legal dimensions, especially concerning the multiple jurisdiction as well as authorities that would be created under the Societies registration Act. The incorporation of a 73rd Amendment relating to Panchayats under the Constitution of India has given rise to fresh challenges for the management of the already sensitive forest areas. The Panchayat Act, which has now been extended to agency areas, i. e., Scheduled Areas, inter alia, grants ownership rights of minor forest produce to the Gram Sabha, and this has raised doubts in the minds of managers of forests, especially regarding areas where the Wild Life (Protection) Act, 1972 and Forest (Conservation) Act, 1980 applies. The recent activism of the Supreme Court in the Godavarman Case has given rise to new dimensions in the management and use of forests.

The Parliament has enacted the Forest (Conservation) Act, 1980, to check further deforestation and conserve forests and to provide for matters connected therewith or ancillary or incidental thereto.

This Act has five Sections which deal with conservation of forests. The Act was enacted with the twin objectives under Section 2 of restricting the use of forest land for non-forest purposes, and preventing the de-reservation of forests that have been reserved under the Indian Forest Act, 1927. However, in 1988 the Act was further amended to include two new provisions under Section 2, where it sought to restrict leasing of forest land to private individuals, authority, corporations not owned by the Government, and to prevent clear felling of naturally grown trees. The Act empowers the Central Government to constitute a committee to advise the Government with a grant of approval under Section 2, as also on any other matter connected with the conservation of forest and referred to it by the Central Government. The Act provides for the punishment of imprisonment, extendable to fifteen days for the contravention of the provisions of the Act. The Act provides for punishment of offenders from the Government Departments, including Head of the Departments and authorities. However, these persons can escape criminal liabilities if they can prove that: - The offence was committed without their knowledge, - They had exercised all due diligence to prevent the committing of such offence. The two prime legislations on forests are the Indian Forest Act, 1927 and the Forest Conservation Act, 1980. However, some states have their own Forest Acts. Since the basis of all State Forest Acts is the same as that of the Indian Forest Act of 1878 taken with certain exceptions in the Indian Forest Act, 1927, we shall be discussing here only the Indian Forest Act, 1927. The preamble to the Indian Forest Act, 1927 (16 of 1927) states that the Act seeks to

consolidate the law relating to forests, the transit of forest produce and the duty that can be levied on timber and other forest produce. The Indian Forest Act, 1927 (16 of 1927) has 86 Sections and it has been divided into thirteen chapters relating to i) Preliminary, ii) Reserved Forests, iii) Village Forests, iv) Protected Forests, v) the Control Over Forests and Lands not Being the Property of Government, vi) the Duty on Timber and Other Forest Produce, vii) the Control of Timber and Other Forest Produce in Transit, viii) the Collection of the Drift and Stranded Timber, ix) Penalties and Procedure, x)Cattle-Trespass, xi) Forest Officers, xii) Subsidiary Rules, and xiii) Miscellaneous. In the Indian Forest Act, 1927, a striking feature is the absence of any definition of forest or forest land. The attempt of the Supreme Court to assign a meaning to the term forest as per the dictionary meaning has seen a spate of interventions in the Court due to its wide ambit. Forest as per the above definition, may include private, common pasture, or cultivable land. Section 2(4) of this Act provides definitions for the forest-produce and includes: the following whether found in, or brought from a forest, that is to say- timber, charcoal, caoutchouc, catechu, wood-oil, resin, natural varnish, bark, lac, mahua flowers, mahua seeds, kuth and myrabolams, and the following when found in, or brought from, a forest or not, that is to say- trees and leaves, flowers and fruits, and all other parts or produce not hereinbefore mentioned, of trees, - plants not being trees (including grass, creepers, reeds and moss), and all parts or produce of such plants, - wild animals and skins, tusks, horns, bones, silk, cocoons, honey and wax, and all other parts or produce of animals, and - peat, surface soil, rock and minerals (including lime-stone, laterite, mineral oils, and all products of mines or quarries). Offences under the Forest Act, 1927, on account of their peculiarity, differ from those under the Indian Penal Code in the sense that as a result of the former, no one is personally aggrieved or affected by the injury inflicted upon the forests, and the vast expanse of it makes the detection of offences difficult. Forest Offence has been defined under Section 2(3) of the Indian Forest Act, 1927, to mean an offence punishable under the Indian Forest Act, 1927 or rules made there under. Forest offences have been classified into two broad categories. Firstly, there are trivial offences covered under Section 68, where offences may be disposed of by compounding (compromising with money). Secondly, there are offences which do not fall under the above category and they entail higher punishment, which includes imprisonment, confiscation of private forest produce, tools, vehicle and cattle, etc., and in addition, the recovery of an amount equal to the damage done to the forest as compensation in case of offences relating to reserve forest (Section 26). A third category of forest offences relates to cattle trespass. Such offences are disposed of under the Cattle Trespass Act, 1871. This Act establishes three categories of forests: Reserve forest: The most restricted category is Reserved Forest. These forests may be constituted by the State Government on any forest land or waste land which is the property of the Government or on which the Government has proprietary rights. Where the land is not forest land or waste land, as said above, any notification issued by the Government (under Section 20 of

the IFA) declaring the land as reserve forest will be without jurisdiction and a Civil Court would be competent to quash such notification. On the other hand, where forest land or waste land is the property of the Government, the Forest Settlement Officer shall proceed to determine subordinate rights in the land before a final notification is issued making the area a reserved forest. In reserved forests, most uses by local people are prohibited, unless specifically allowed by a Forest Officer in the course of settlement. Protected forest: The State Government is empowered to constitute any land other than reserved forests as protected forests over which the Government has proprietary rights. Under Protected Forests, the Government retains the power to issue rules regarding the use of such forests, but in the absence of such rules, most practices are allowed. Among other powers, the State retains a power to reserve the specific tree species in the protected forests. This power has been used to establish State control over trees, whose timber, fruit or other non-wood products have revenue-raising potential. Village forest: A third classification is village forests in which the State Government may assign to any village community the rights of Government to or over any land which has been constituted a reserved forest. The State Government may also make rules for regulating the management of such forests. Little use has been made of this provision. The terms village forest and forest village are interchangeably used - however, they must be distinguished from one another. While village forest is a legal category under the Indian Forest Act, 1927, forest village is an administrative category. Although the latter is recognised by the Forest Department, the revenue benefits cannot accrue to such villages as they are not technically under the revenue departments. The Indian Forest Act, 1927, establishes an elaborate procedure for the settlement of rights when a reserved forest is intended to be constituted. The settlement procedures require the Forest Officer called the Forest Settlement Officer (FSO) to consider the claims of the local inhabitants to certain usage rights, but leave ample discretion for him to relocate, revise or discontinue such practices. The State is first required to issue a notification declaring its intention to reserve a certain tract of land, and appoint an FSO to inquire into the existence of any alleged rights in favour local inhabitants. The inquiry by the FSO should not be confined to merely recording evidence produced by the claimants or ascertainable from the records of the Government. The FSO may call for an examination of any person who, he may think, has the knowledge of the facts, including the evidence of any person likely to be acquainted with the same (Section 6). No new rights in the notified land may arise after such a notification has been issued, and those claiming any pre-existing right have a period of at least three months to appear and assert such a right, and to make a case for compensation. Generally, rights which are not asserted during that period are extinguished, although there are provisions in extraordinary cases for later assertions until the final reservation order is published. The Indian Forest Act anticipates three types of claims in forests proposed to be reserved. First, a forest dweller might lay claim to ownership of land. Second, a claim may be asserted for rights to pasture or forest produce. Finally, special provisions apply to the practice of shifting cultivation, which the Forest Settlement Officer may prohibit without any compensation. However, if the FSO determines that it is impossible, having due regard for the maintenance of the reserved forest, to make any settlement that would allow the practice to continue, he may commute the rights by the payment of money or grant of land or in such other manner as he thinks fit (Section 16 of IFA). Notably, the FSO has no power to confer any right on the forest dweller.

The power to levy duty on timber and other forest produce and the regulation of timber and other forest produce in transit rests with the Central Government and State Government respectively (Sections 39, 41 of IFA). Although the power to levy duty is entrusted to the Central Government, the regulation of transit of timber and forest produce lies with the respective State Governments. This does not prevent the State Government to levy duty as forests are a Concurrent List subject and the State Governments can adopt variants of the Central Act. The IFA provides for the control of all river and river banks in regard to floating timber, as well as control of all timber and forest produce in transit by land or water, as vested in the State Government. The State Government is empowered to prohibit export, import or moving of timber and forest produce without a pass from a duly authorised officer. This Section also empowers the State Governments to frame rules to regulate timber and other forest produce that is being conveyed from one place to another. Generally speaking, a working plan is a guiding document to manage forest division for a prescribed period. This includes the details of a forest division wherein the working circles of such divisions are identified for sprucing, fuel, protection and plantations, among other things. Further, the working plan also includes detailed information on the legal status of forests, the nature of rights, the financial forecast and cost of the plan, staff and labour supply, wildlife management, expected forestry operations and other details. Working plans are not legal documents, but only guiding documents to facilitate the management of forests. As regards tree farming on private land, it must be kept in mind that the Indian Forest Act, 1927 sought to primarily exclude private land from its purview. However, the Courts have interpreted the extent of this Act in a wider context and held that the preamble and other provisions of the Act are wide enough to cover all categories of forests. Specifically, Chapter 5 of the Indian Forest Act, 1927 deals with control over forests and lands not being the property of the Government under special circumstances (Sections 35-38 of IFA).

The urban laws relating to trees, wherever enacted, are not on a different footing. The Tree Preservation Acts such as the Delhi Tree Preservation Act, 1994, mandates that any (tree) felling within the city limits, including on private lands, has to be authorised by the Tree Officer who is an officer of a rank not less than a DFO. Examples of such legislation regulating the preservation and use of trees in urban centres, rural and hill areas, from various other States, can be multiplied. 12) This Act provides for punishment for the contravention of any rule under this Act, and the person found guilty of contravention is punishable with imprisonment for a term which may extend to one month or a fine of up to five hundred rupees, or both.

The Wildlife (Specified Plants-Conditions for Possession by Licensee) Rules, 1995 The Central Government, in the exercise of the powers conferred by clause (a) of sub-section (1) of Section 63 of the Wild life (Protection) Act, 1972 (53 of 1972), has made The Wild Life (Specified Plants-Conditions for Possession by Licensee) Rules, 1995. Rule 3 lays down conditions and other matters subject to which the licensee may keep any specified plants in his custody or possession: Only after declaration under Section 17-E of the Wild Life (Protection) Act, 1972 (53 of 1972), licensee shall acquire or receive or keep in his control, custody or possession any

specified plant or part or derivative thereof in respect of which a declaration has been made. Licensee shall acquire, purchase or receive any specified plant or derivative thereof only from a licensed dealer in specified plants or a cultivator having a license for cultivation of specified plants under the Wild Life (Protection) Act, 1972 (53 of 1972). Licensee shall keep the stock of specified plants so purchased by him only in the premises approved by the Chief Wild Life Warden of the State.
The Declaration of the United Nations Conference on the Human Environment adopted at Stockholm 1972, lays down the international obligation for conservation of natural resources for the benefit of present and future generations through careful planning and management. The declaration makes clear that States have the sovereign right to exploit their own resources pursuant to their own environmental policies, subject to the fact that the activities within their jurisdiction do not cause damage to the environment of other States. The International Convention and the provisions there under, first sought to regulate the use and exploitation of various mineral (nonliving) resources in the sea. The perception that the living species require conservation under a welldefined and comprehensive regime has been a relatively recent development. The Conventions that have aimed at conserving living resources and wild life have adopted two strategies: one relating to the protection of species and the second concerning habitat or ecosystems.

International Laws on Protection of Species

The various International Conventions under this head have adopted a typical methodology while aiming at conserving species. These Conventions have generally listed the species in terms of degree of threat or the degree of protection required. This is accompanied by a system of permits with each State party being required to enact the necessary legislation to support the system. The most important of all such Conventions is the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) which is discussed below:

Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)
The CITES is an international convention with direct implications for conservation of marine living resources. The CITES recognised that peoples and States are and should be the best protectors of their own wild fauna and flora and further that international cooperation is essential for the protection of certain species of wild fauna and flora against over exploitation through international trade. Under the CITES, commercial trade is banned for an agreed list of currently endangered species and also by regulating and monitoring trade in other species that might become endangered. Three appendices with varying degrees of threats are included in the CITES. Appendix I include all species threatened with extinction which are, or may be affected by trade. The criteria for adding species to Appendix I, specify that if the status of a species is seriously declining it should be listed even if there is only a probability of trade. In addition, the whole genera should be listed if most of their species are threatened with extinction and if identification of an individual species within the genus is difficult. The objective of this requirement is to control trade in species, even if they are widespread and common, which look alike and could be confused with a threatened species. So as not to endanger them further, no permits are issued for international trade in these species unless there are very exceptional circumstances.

The urban laws relating to trees, wherever enacted, are not on a different footing. The Tree Preservation Acts such as the Delhi Tree Preservation Act, 1994, mandates that any (tree) felling within the city limits, including on private lands, has to be authorised by the Tree Officer who is an officer of a rank not less than a DFO. Examples of such legislation regulating the preservation and use of trees in urban centres, rural and hill areas, from various other States, can be multiplied. 12) This Act provides for punishment for the contravention of any rule under this Act, and the person found guilty of contravention is punishable with imprisonment for a term which may extend to one month or a fine of up to five hundred rupees, or both. The Wildlife (Specified Plants-Conditions for Possession by Licensee) Rules, 1995 The Central Government, in the exercise of the powers conferred by clause (a) of sub-section (1) of Section 63 of the Wild life (Protection) Act, 1972 (53 of 1972), has made The Wild Life (Specified Plants-Conditions for Possession by Licensee) Rules, 1995. Rule 3 lays down conditions and other matters subject to which the licensee may keep any specified plants in his custody or possession: Only after declaration under Section 17-E of the Wild Life (Protection) Act, 1972 (53 of 1972), licensee shall acquire or receive or keep in his control, custody or possession any specified plant or part or derivative thereof in respect of which a declaration has been made. Licensee shall acquire, purchase or receive any specified plant or derivative thereof only from a licensed dealer in specified plants or a cultivator having a license for cultivation of specified plants under the Wild Life (Protection) Act, 1972 (53 of 1972). Licensee shall keep the stock of specified plants so purchased by him only in the premises approved by the Chief Wild Life Warden of the State.

The Declaration of the United Nations Conference on the Human Environment adopted at Stockholm 1972, lays down the international obligation for conservation of natural resources for the benefit of present and future generations through careful planning and management. The declaration makes clear that States have the sovereign right to exploit their own resources pursuant to their own environmental policies, subject to the fact that the activities within their jurisdiction do not cause damage to the environment of other States. The International Convention and the provisions there under, first sought to regulate the use and exploitation of various mineral (non-living) resources in the sea. The perception that the living species require conservation under a well-defined and comprehensive regime has been a relatively recent development. The Conventions that have aimed at conserving living resources and wild life have adopted two strategies: one relating to the protection of species and the second concerning habitat or ecosystems.

International Laws on Protection of Species

The various International Conventions under this head have adopted a typical methodology while aiming at conserving species. These Conventions have generally listed the species in terms of degree of threat or the degree of protection required. This is accompanied by a system of permits with each State party being required to enact the necessary legislation to support the system. The most important of all such Conventions is the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) which is discussed below: Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) The CITES is an international convention with direct implications for conservation of marine living

resources. The CITES recognised that peoples and States are and should be the best protectors of their own wild fauna and flora and further that international cooperation is essential for the protection of certain species of wild fauna and flora against over exploitation through international trade. Under the CITES, commercial trade is banned for an agreed list of currently endangered species and also by regulating and monitoring trade in other species that might become endangered. Three appendices with varying degrees of threats are included in the CITES. Appendix I include all species threatened with extinction which are, or may be affected by trade. The criteria for adding species to Appendix I, specify that if the status of a species is seriously declining it should be listed even if there is only a probability of trade. In addition, the whole genera should be listed if most of their species are threatened with extinction and if identification of an individual species within the genus is difficult. The objective of this requirement is to control trade in species, even if they are widespread and common, which look alike and could be confused with a threatened species. So as not to endanger them further, no permits are issued for international trade in these species unless there are very exceptional circumstances.

Appendix II is intended to regulate international trade in species which are not sufficiently endangered to warrant inclusion in Appendix I, but which could become endangered unless trade in them is controlled. Its purpose is also to control trade in species, which are similar in appearance to and could be confused with those listed in Appendix I. International trade in these species is permitted with proper documentation issued by the Government of the exporting country. Appendix III is meant to provide a mechanism whereby a party which regulates trade in a species not listed in Appendix I or can seek international help in enforcing that regulation is prevented. Any party can list a species in Appendix III for this purpose. For instance, India has invoked this provision of CITES for seeking international help in controlling smuggling of reptile skins by listing four species of snakes in Appendix III. Articles III, IV, and V of the Convention deal with the modalities of regulation of trade in specimens of species included in the aforementioned three appendices. The contracting parties are also required to take appropriate measures including provisions for penalty and confiscation to prohibit trade in the specimens of species and to enforce the provisions of the Convention. It is also made clear that the Convention would in no way affect the right of parties to adopt stricter domestic measures regarding the conditions (including complete prohibition) for trade, taking possession or transport of specimens of species included in the appendices of the Convention. The Wild Life Protection Act, 1972 of India is a good example that has adopted strict measures and even prohibited certain scheduled species from being traded or hunted. Convention on the Conservation of Migratory Species of Wild Animals, Bonn 1979 The Convention on the Conservation of Migratory Species of Wild Animals 1979 (Appendices as amended in 1985 and 1988), requires parties to conserve migratory species paying special attention to species the conservation status of which is unfavourable. Notably, the conservation status is defined as the sum of influences acting on the migratory species that may affect its long term distribution and abundance. Appendix I to the Convention in pursuance of its Article III contains a list of Endangered Migratory Species. It is pertinent to note that all the five species of sea turtles listed in Schedule I of the Wild Life Protection Act, 1972, are also listed here. Migratory species with an Unfavourable Conservation Status are listed in Appendix II under Article IV to the Convention along with corresponding States obligations. Article V which lists the modalities of the international agreements seeks to restore the migratory species concerned to a Favourable Conservation Status and provides that each agreement should cover the whole range of the migratory species concerned,

and be open to accession by all range States of that species, whether or not they are parties to this Convention (emphasis supplied). Further, the Convention calls upon the States to establish a Scientific Council to provide advice on scientific matters. The Convention makes it clear that it shall in no way affect the right of the parties to adopt stricter domestic measures concerning the conservation of migratory species listed in the two appendices and to adopt domestic measures with respect to species not listed in either of these appendices.

The United Nations Convention on the Laws of the Sea 1982

The UNCLOS III vested sovereign rights in the coastal States for exploring and exploiting, conserving and managing the natural resources, whether living or non-living in the Exclusive Economic Zone (EEZ). The Convention mandates that the coastal States shall determine the allowable catch of the living resources in its EEZ taking into account the best available scientific evidence and with a view to ensure that such living resources are not endangered by over exploitation. Besides, taking such measures the coastal States shall take into consideration the effects on species associated with or dependent upon harvested species with a view to maintaining or restoring populations of such associated or dependent species above levels at which their reproduction may become seriously threatened. The UNCLOS III also lists five categories of species with the objective of ensuring conservation and optimum utilization of such species, both within and beyond the EEZ. These include the highly migratory species listed in Annexure I of the Convention, marine mammals, anadromous stocks, catadromous species and sedentary species. The Convention calls for active cooperation and participation of all the States in prohibiting, limiting or regulating the exploitation of the species.

Other International Convention and Agreements Protecting Species

There have been some other International Conventions and Agreements, which have sought to regulate and prohibit over-exploitation of a particular species in view of the rapid depletion of their numbers and to ensure effective conservation and development of their stocks. These include: 1)International Convention for the Regulation of Whaling, 1946, 2)Agreement on Conservation of Antarctic Seals in 1972, 3)Agreement on Conservation of Polar Bears, 1973, 4) The Convention for Conservation and Management of Vicuna, 1974.

International Laws on Protection of Habitat

Apart from the various Conventions with a focus on protection of species, there have been attempts internationally emphasising on protection of the habitats within which the various species exists. This assumes significance as the destruction of habitat has been identified as the single most important reason for extinction of species. In this context, some of the major International Conventions are discussed below: Convention on Wetlands of International Importance Especially as Waterfowl Habitat, Ramsar 1971 The provisions of the Convention on Wetlands of International Importance Especially as Waterfowl Habitat, Ramsar 1971, as amended by the protocol in 1982, are also very relevant for habitat protection. While asserting the need to combine farsighted national policies and co-ordinated

international action, the Convention seeks to preserve the fundamental ecological functions of wetlands as regulators of water regimes and as habitats supporting a characteristic flora and fauna. Each contracting party is required to designate suitable wetlands within its territory for inclusion in a list of wetlands of international importance (the List), to be maintained by the bureau. Besides, information regarding pollution or other human interference related developments in designated wetlands has to be given to the bureau. The Convention by its Article 4 mandates the creation of nature reserves on wetlands, whether such wetlands are included in the list or not. Since the legal regime concerning these nature reserves has not been elaborated, it can be inferred that this could be left to the discretion of the various contracting States. Furthermore, the parties are also required to formulate and implement domestic law to promote conservation of wetlands in consonance with obligations under this Convention. The 1971 Convention was amended by the protocol, concluded in December 1982, whereby amendment procedures to amend the text of the Convention was introduced realising the need to increase the number of contracting parties. It may be noted that a State which becomes a party to the protocol without being a party to the Convention, shall be considered as a party to the Convention as amended by the protocol, as of the date of entry into force of the protocol for such State.

Convention for the Protection of the World Cultural and Natural Heritage 1972
The Convention concluded at the general conference of the UNESCO in 1972 with the recognition of the fact that natural heritage is increasingly threatened with destruction not only by the traditional causes of decay, but also by changing social and economic conditions which aggravate the situation with even more formidable phenomena of damage or destruction. The geological and physiographical formations and precisely delineated areas which constitute the habitat of threatened species of animals and plants of outstanding universal value from the point of view of science and conservation are natural heritage for the purposes of the Convention. Each State party to the Convention is required to adopt a general policy which aims to give the cultural and natural heritage a function in the life of the community and to integrate the protection of that heritage into comprehensive planning programmes. Besides, States also mandated to take the appropriate legal, scientific, technical, administrative and financial measures necessary for the identification, protection, conservation, presentation and rehabilitation of such heritage. The Convention also establishes the World Heritage Committee which is an inter-Government committee for the protection of natural heritage.

Other International Conventions and Agreements Protecting Habitats

There have been several other Conventions on wild life and living resources that have provided the habitat protection approach to conservation. The most significant International Convention in this regard is the Convention on Biological Diversity, 1992. It may be worthwhile to mention here that there have been attempts internationally to classify protected areas in terms of the various objectives for which they might be established. The African Convention on the Conservation of Nature and Natural Resources and the Convention on Nature Protection and Wildlife Preservation in the Western Hemisphere are examples of such attempts to classify the protected areas separately and in accordance with their different needs for protection, conservation or utilization of natural resources.

ASSIGNMENT
Submitted By Neethu Dilver Roll no:18 MBA TT SMS, CUSAT.