Environment & Ecology·Environmental Laws

Biodiversity Hotspots — Environmental Laws

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Version 1Updated 9 Mar 2026
EntryYearDescriptionImpact
42nd Amendment Act1976This amendment inserted Article 48A (Protection and improvement of environment and safeguarding of forests and wild life) and Article 51A(g) (Fundamental Duty to protect and improve the natural environment) into the Constitution. It shifted 'Forests' and 'Wild Life' from the State List to the Concurrent List, enabling both central and state governments to legislate on these matters.Provided the constitutional basis for environmental protection and conservation efforts in India, including those within biodiversity hotspots. By moving forests and wildlife to the Concurrent List, it allowed the central government to enact comprehensive laws like the Forest (Conservation) Act, 1980, and the Wild Life (Protection) Act, 1972 (though enacted earlier, its scope was strengthened), which are crucial for hotspot protection.
Wild Life (Protection) Amendment Act2022This amendment aimed to increase the number of species protected under the Act, implement CITES (Convention on International Trade in Endangered Species of Wild Fauna and Flora) more effectively, and rationalize the schedules of protected species. It also introduced provisions for the management of invasive alien species.Strengthens the legal framework for protecting endangered species found in biodiversity hotspots by aligning national law with international conventions. The focus on invasive alien species is particularly relevant as they pose a significant threat to native biodiversity in hotspots, competing with endemic species and altering ecosystems. This amendment enhances India's capacity to conserve its unique flora and fauna within these critical regions.
Forest (Conservation) Amendment Act2023This amendment introduced several changes, including exempting certain categories of land from the Act's purview (e.g., land within 100 km of India's international borders for strategic projects, land for security infrastructure, land for public utility projects up to 0.10 hectares). It also renamed the Act to 'Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980'.From a Vyyuha perspective, this amendment is highly contentious for biodiversity hotspots. While aiming to facilitate strategic and developmental projects, critics argue it could significantly dilute forest protection, especially in sensitive border regions of the Eastern Himalayas and Indo-Burma hotspots. The exemptions could lead to increased habitat fragmentation and loss in areas crucial for endemic species, potentially exacerbating the 'hotspot paradox' by prioritizing development over conservation in ecologically fragile zones.
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