Sections 36, 36A and 36B: Strategies, Plans and Duties

In one line

Section 36 is the Central Government's own duty in the Act, and the 2023 amendment added a duty for the Authority and a duty for each State.

In exam wording: section 36 of the Biological Diversity Act 2002 requires the Central Government, in consultation with the State Governments and Union territories, to develop national strategies, plans and programmes for the conservation, promotion and sustainable use of biological diversity; to issue directives to a State Government where an area rich in biological diversity is threatened by overuse, abuse or neglect; to integrate conservation into sectoral policies and cross-sectoral plans as far as practicable; to undertake measures for environmental impact assessment of projects likely to adversely affect biological diversity and for controlling the risks of living modified organisms; to endeavour to respect and protect the knowledge of local people, including by registration and a sui generis system; and to involve the Authority or the State Boards in conservation measures; and sections 36A and 36B, inserted in 2023, impose duties on the National Biodiversity Authority and on State Governments respectively.

MU's own phrase. She asks for the national strategies and plans under the Act. The section's own words are strategies, plans and programmes, and they are made in consultation with the State Governments.

Section 36, sub-section by sub-section

36(1): the national strategy. In consultation with the State Governments and Union territories, develop national strategies, plans and programmes for conservation, promotion and sustainable use, including measures for identification and monitoring of areas rich in biological resources, promotion of in-situ and ex-situ conservation of biological resources including cultivars, folk varieties and landraces, incentives for research and training, and public education to increase awareness of biodiversity.

36(2): the directive power. Where the Central Government has reason to believe that an area rich in biological diversity, biological resources and their habitats is threatened by overuse, abuse or neglect, it shall issue directives to the State Government concerned to take immediate ameliorative measures, offering technical and other assistance.

This is a real power and is worth remembering. It is not conditional on any State's request.

36(3): integration. As far as practicable and wherever it deems appropriate, integrate conservation, promotion and sustainable use into relevant sectoral policies or cross-sectoral plans and programmes. This is article 6(b) of the Convention.

36(4): impact assessment and living modified organisms. Undertake measures, wherever necessary, for assessment of the environmental impact of a project likely to have an adverse effect on biological diversity, with a view to avoiding or minimising the effects and where appropriate providing for public participation; and to regulate, manage or control the risks associated with the use and release of living modified organisms resulting from biotechnology likely to have an adverse impact on conservation and sustainable use and on human health.