INDIA’S LEGISLATIVE PROPOSITION TOWARDS ENVIRONMENTAL REGULATIONS: CRITICAL ANALYSIS OF THE BIOLOGICAL DIVERSITY (AMENDMENT) BILL, 2022
AUTHOR: SHRESTH KUMAR, STUDENT AT CHRIST UNIVERSITY, DELHI NCR
BEST CITATION – SHRESTH KUMAR, INDIA’S LEGISLATIVE PROPOSITION TOWARDS ENVIRONMENTAL REGULATIONS: CRITICAL ANALYSIS OF THE BIOLOGICAL DIVERSITY (AMENDMENT) BILL, 2022, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 689-697, APIS – 3920 – 0001 & ISSN – 2583-2344
ABSTRACT
The research paper delves into the evolution and impact of global environmental legislations, tracing back to the seminal United Nations Conference on the Human Environment in 1972. Focusing on India’s response, the paper examines constitutional amendments, parliamentary enactments, and landmark legal cases that have shaped the country’s environmental legal landscape. Highlighting the significance of Article 48A and Article 253 in India’s Constitution, the paper discusses the multifaceted role of the government, state entities, and citizens in protecting and improving the environment. It explores the expansive interpretation of the right to life, encompassing a dignified existence, social justice, and humane working conditions.
The study then scrutinizes the Biological Diversity (Amendment) Bill, 2022, now the ‘Biological Diversity Act, 2023.’ It critically evaluates the bill’s provisions, including exemptions for traditional knowledge users, benefit-sharing terms, and the shift from criminal sanctions to financial penalties. Concerns are raised about potential loopholes, lack of community involvement, and deviations from international standards, necessitating a nuanced examination. Moving to the hypothesis and research question, the paper assesses India’s response to climate change and the role of the National Biodiversity (Amendment) Act, 2021. It questions the balance between economic development and environmental preservation, especially in light of the criticisms surrounding the Biological Diversity Act, 2023. The paper explores the enforcement challenges in India’s environmental laws and draws comparisons with the Japanese model, advocating for a more effective and accountable regulatory framework.
The research objective focuses on minimizing political interference in regulatory bodies and promoting transparent, inclusive consultations. The recommendations emphasize decentralization, expertise-driven decision-making, transparency, and inclusivity as key elements for a robust environmental regulatory framework in India.
In conclusion, the paper underscores the need for a comprehensive review of environmental regulations in India to address complexities, enhance clarity, and foster sustainable practices. It also highlights the critical role of regulatory bodies insulated from political pressures, ensuring a balance between environmental conservation and economic development.
Keywords – Environment protection, Stockholm Convention, Legislative framework, Biological Diversity (Amendment) Bill, 2022, Climate change, National Biodiversity (Amendment) Act, 2021, Political interference, Regulatory bodies, Transparent consultations, Inclusive decision-making