Abstract
The Jammu and Kashmir (J&K) State is known for its biological resources. A plethora of State-enacted laws regulate multiple components of these resources. Conservation of biological resources is an indirect or incidental concern in some of these laws, while optimum utilization of resources to generate revenue is the main object hidden between the lines of the statutes. After the Stockholm Conference of June 1972, host of centrally enacted laws for the protection of the environment either has a direct application in the State or has been applied with its concurrence. A comprehensive law for conservation, sustainable use and benefit-sharing of biological resources has been legislated by the Parliament of India in the form of Biological Diversity Act, 2002, which is also applicable to J&K State. Thus, a wide variety of laws, old and new, State and central, operate in the State without a thorough probe to ensure that these laws reconcile with each other and to screen out the laws and policies that are incompatible with or contradictory to conservation goals. Adoption of an integrated approach to biodiversity, integrating biodiversity concerns squarely into existing related statutes and rules, strengthening of Environmental Impact Assessment system and the legal action infrastructure, including locus standi and right to information of citizens and other similar issues, are vital to the efficacy of the laws. In this chapter, an attempt is made to trace out the existing biodiversity laws and their flaws and to suggest a workable alternative to make them achieve the goals of conservation of biological diversity, sustainable use of its components and fair and equitable sharing of the benefits arising out of utilization of genetic resources in Jammu and Kashmir State.
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Notes
- 1.
See SRO 61 OF 1992; see also SRO 17 of 1999 amending the Rules of 1992.
- 2.
Sections 14 and 15 confer jurisdiction upon the Green Tribunal to decide all civil cases involving substantial questions relating to environment (including enforcement of legal rights relating to environment) arising out of the implementation of the Acts specified in the Schedule appended to the Act, viz. the Water (Prevention and Control of Pollution) Act, 1974; the Water (Prevention and Control of Pollution) Cess Act,1977; the Forest (Conservation) Act, 1980; the Air (Prevention and Control of Pollution) Act, 1981; the Environment (Protection) Act, 1986; the Public Liability Insurance Act,1991; and the Biological Diversity Act, 2002, including appeals arising from the orders, directions and decisions made under these Acts (see also section 36 and Schedule 111 of the Act amending all the 60 above Acts in respect of appellate powers of different courts). Compensation, relief and restitution matters arising as a result of pollution are also to be settled by the Tribunal. An appeal against the decision of the Tribunal is to lie in the Supreme Court under section 22 of the Act.
- 3.
Published in the Gazette of India, Extraordinary, Part 11, and section 3, sub-section (ii), Ministry of Environment and Forests, New Delhi, 14 September 2006
- 4.
∗Section 12 of the J&K Panchayati Raj Act, 1989, imposes a duty on Halqa Panchayats to specifically deal with the problems of soil erosion, water management, social forestry, rural industrialization, agriculture, sheep and animal husbandry, sanitation, health and other welfare programmes, besides regulating sale and preservation of fish and vegetables. Under section 13 property, movable and immovable, which has been transferred to the Halqa Panchayat by the Government, any public body or an individual constitute the property of the Halqa Panchayat. Similarly, trees and grass growing on the property belonging to the Halqa Panchayat, fruit and other produce thereof and windfalls thereon are also the property of the Halqa Panchayat.
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Dar, M.A. (2020). Biodiversity Conservation in Jammu and Kashmir State: Legal Framework and Concerns. In: Dar, G., Khuroo, A. (eds) Biodiversity of the Himalaya: Jammu and Kashmir State . Topics in Biodiversity and Conservation, vol 18. Springer, Singapore. https://doi.org/10.1007/978-981-32-9174-4_42
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