LEGAL FRAMEWORK TO SAFEGUARD BIOLOGICAL DIVERSITY IN THE UNION TERRITORY OF JAMMU AND KASHMIR

Abstract

The Constitution of India mandates in Articles 48A and 51A (g) that the state shall endeavour to protect and improve the environment and safeguard the forests and wildlife of the country. It shall be the duty of every citizen of India to protect and enhance the natural environment, including forests, lakes, rivers, and wildlife, and to have compassion for living creatures. The Biological Diversity Act 2002 is one of the initiatives and regulations in India that have been implemented to fulfil its constitutional obligation to conserve the environment. The Indian Forests Act, 1927,the Air Related Image (Prevention and Control of Pollution) Act, 1981. The Protection of Plant Varieties and Farmer’s Rights (PPVFR) Act 2001 and others govern biodiversity in India. India’s biodiversity conservation law was one of the earliest. The access and benefit-sharing mechanisms enshrined in the Nagoya Protocol are implemented in India through the Biological Diversity Act 2002 and the Biological Diversity Rules notified in 2004. Against this backdrop, the Union Territory of Jammu and Kashmir, being a part of the western Himalayas, is well-known for its natural beauty and wealth of resources