Gauhati High Court Asks Central Government About National Strategies For Conservation Of Biodiversity

The Gauhati High Court has directed the Central Government to file an affidavit positively before the next hearing indicating if it has developed any strategies, plans, programmes etc. for conservation, promotion and sustainable use of biological diversity as mandated by Section 36 of the Biological Diversity Act 2002.

The provision empowers the Central Government to develop national strategies including measures for identification and monitoring of areas rich in biological resources, promotion of in situ, and ex situ, conservation of biological resources, incentives for research, training and public education to increase awareness with respect to biodiversity.

It is further empowered to issue directives to the concerned State Government to take immediate ameliorative measures and prevent abuse of areas rich in biological diversity.

In the present case, the Court was dealing with a batch of PILs pertaining to environment protection and sustainable use of biological resources in the State, filed in the year 2020.

The Court had, as far back in February 2021, asked the Central government regarding the steps taken under Section 36 of the Act.

In January this year, the Court once again reminded the Centre to file a report in this regard.

"Even though almost a year has passed since we had made our query requesting the Assistant Solicitor General of India to apprise this court regarding the measures taken by the Central Government under section 36 of the Biological Diversity Act, this court has not been apprised, nor has any affidavit been filed in this regard by the Central Government...We, therefore, presume that the Central Government has not taken any measure as has been mandated under section 36 of the Biological Diversity Act, subject to what the Central Government may have to say on the next date fixed," the Court was constrained to observe.

When the matter came up again on Wednesday, the Court noted that the Central Government has yet not filed an affidavit with respect to mandate under Section 36 of the Act.

Accordingly, it directed the Centre to file affidavit positively by the next date of listing, failing which the Secretary/Joint Secretary, Department of Environment and Forest, Government of India, shall be required to be present in person before the court

The court has also allowed impleading the National Biodiversity Authority and the State Biodiversity Board as they are necessary parties in the PILs.

Case Title: Basanta Deka v. Union of India & Ors. and other connected matters

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