On protecting the biodiversity of the northeast

Subject :Environment

Section: Biodiversity

Context:

In the recent case of Re: Cleanliness of Umiam Lake versus State of Meghalaya (2023), the division Bench of Chief Justice Sanjib Banerjee and Justice W. Diengdoh, in its order, stated that “In the absence of any other employment opportunities and in the name of promoting tourism, the natural beauty of the State should not be destroyed”.

Details:

The Meghalaya High Court was hearing a Public Interest Litigation (PIL) on the cleanliness of the Umiam Lake.
The court in its observation of the Meghalaya Waterbodies (Preservation and Conservation) Guidelines, 2023, said that they did not deal with the “most serious aspect of buildings and construction mushrooming around waterbodies”.

The biodiverse northeast India:

The Garo-Khasi-Jaintia hills and the Brahmaputra valley are some of the most important biodiversity hotspots.
An environmental assessment of the North East Rural Livelihood Project undertaken by the Ministry of Development of the North-eastern Region lays out that “Northeast India lies within an ecologically fragile, biologically rich region, highly prone to climatic changes, located in trans boundary river basins. Both flora and fauna of the areas are under threat due to deforestation, mining, quarrying, shifting cultivation.”
The following figures highlighted the significance of biodiversity of the region and qualified it to be a biodiversity “Hotspot”.

There are 51 Forest types in the region which are broadly divided into six categories.
Out of 9 important vegetation types in India 6 are found in the NE region.
The floral species contributed a lot to the richness of highest diversity in the NE states. Floral species belong to about 200 plant families out of 315 recorded from NE India.
10% of the flowering plants in the country are endangered. Of the 1500 endangered floral species,800 is reported from Northeast.(Indian Red Data Book, published by the Botanical Survey of India.)
The Faunal diversity is relatively better documented than its Floral counterpart for the NE region.
High biological diversity is related to the Forest cover of the region. In each state of NE India, 60% of geographical area is under forest covers.

Disturbance in migration routes (Human-wild life conflict)
Uncoordinated Infrastructure development (Viz.ill-managed road construction, Big Dams, Mining etc.)
In migration etc.

Environmental laws:

Offenses related to or against the environment are considered as a ‘public nuisance’ under the Sections 268 to 290 of the Indian Penal Code (IPC), 1860.
The Sixth Schedule of the Constitution grants autonomy to District Councils.
- It also limits the authority of the State over matters pertaining to the jurisdiction of the District Councils, including the use of land.
PIL encourages environmental litigation under article 32 and 226 of Indian constitution.
National Green Tribunal Act 2010

Negative List of NEIDS:

The ‘Negative List’ in the North East Industrial Development Scheme (NEIDS), 2017 is a step in the right direction.
If an entity is not complying with environment standards; not having applicable environmental clearances; does not have consent from the concerned pollution boards, it will not be eligible for any incentive under the NEIDS and will be put on the ‘negative list’.
The ‘Act Fast for Northeast’ policy should not only include “trade and commerce” but also the preservation of “environment and ecology” in the region.

About Umiam lake:

Umiam Lake (locally known as Dam sait) is a reservoir in the hills 15 km (9.3 mi) north of Shillong in the state of Meghalaya, India.
It was created by damming the Umiam River in the early 1960s. The principal catchment area of the lake and dam is spread over 225 square km.
Apart from storing water for electricity generation, the lake also provides numerous ecosystem services at micro, meso and macro levels. Downstream irrigation, fisheries, and drinking water cater to local anthropogenic needs.