[Mission 2024] STATIC QUIZ, 14 November 2023 – Environment

Solution: b)

Statement 3 is incorrect.

The Wildlife Protection Act came into force on September 9, 1972, to “provide for the protection” of wild animals, birds and plants to ensure the “ecological and environmental security of the country.” It aims to conserve protected species in two main ways: firstly, by prohibiting their hunting and secondly by protecting their habitat through the creation and regulation of sanctuaries, national parks, reserves, etc.

Further, the Act prohibits capturing or hunting any species of animals listed under Schedules I-IV, barring a few exceptions such as hunting a diseased or dangerous animal or bird constituting a threat to human life or property or for scientific research or management.

Solution: d)

The concept of Biodiversity Heritage Sites (BHS), conceived under Section 37 of India’s Biological Diversity Act, 2002, was one of the most imaginative steps taken to protect these vanishing biodiversity-rich regions.

Solution: a)

Only Statement 2 is correct.

What are the powers of the state government?

It was in 1976, with the advent of the 42nd Amendment Act, that the subject of “Forests and Protection of Wild Animals and Birds” was transferred from State to Concurrent List. However, state governments still enjoy a host of powers under the WPA, 1972.

Section 4 allows the State government to appoint a Chief Wildlife Warden alongside wildlife wardens, honorary wildlife wardens, and other officers and employees. In addition, Section 6 empowers the state to constitute a State Board for Wild Life, consisting of the Chief Minister as chairperson, the Minister in charge of Forests and Wildlife as the vice chairperson, and at least three members of the State legislature, among others.

State governments can also add or delete any entry to or from any Schedule or transfer any entry from one part of a Schedule to another, provided that any such alteration made by the State Government is done with the previous consent of the Centre, under Section 61.

Besides this, under Section 64, state governments can notify certain rules, including the conditions subject to which any license or permit may be granted or under which the officers will be authorised to file cases in court.

Solution: b)

Statement 1 is incorrect.

The Supreme Court has declared the National Green Tribunal’s (NGT) position as a “unique” forum endowed with suo motu powers to take up environmental issues across the country.

“The exercise of power by the NGT is not circumscribed by the receipt of applications. When substantial questions relating to the environment arise and the issue is civil in nature and those relate to the Act, the NGT, in our opinion, even in the absence of an application, can self-ignite action either towards amelioration or towards prevention of harm,” a three-judge Bench held in a judgment.

The Tribunal has to perform equally vital roles that were preventative, ameliorative or remedial in nature. “The functional capacity of the NGT was intended to leverage wide powers to do full justice in its environmental mandate,”

The judgment described the NGT “as a complimentary, competent, specialised forum to deal with all environmental multidisciplinary issues both as original and also as an appellate authority, which complex issues were hitherto dealt with by the High Courts and the Supreme Court”.

“Unlike the civil courts, which cannot travel beyond the relief sought by the parties, the NGT is conferred with power of moulding any relief,” the court stated.

Solution: b)

Statement 2 is incorrect.

Biodiversity Heritage Sites (BHS) are areas that are unique, ecologically fragile ecosystems having rich biodiversity comprising of any one or more of the components such as; species richness, high endemism, presence of rare, endemic and threatened species, keystone species, species of evolutionary significance, wild ancestors of domestic/cultivated species or land races or their varieties, past pre-eminence of biological components represented by fossil beds and having cultural or aesthetic values.

BHS declaration marks the voluntary participation of communities in protection and conservation of biodiversity which helps in expanding the reach of conservation.

Section 37 of the Biological Diversity Act:

• As per this section, the State Governments are empowered to notify in the official gazette, in consultation with ‘local bodies’, areas of biodiversity importance as Biodiversity Heritage Sites.
• Under sub section (2) of Section 37 of the BD Act, the State Government in consultation with the Central Government may frame rules for the management and conservation of BHS.