Hon’ble Member of Parliament (Rajya Sabha):

Over the past week, the Bharatiya Janata Party (BJP ) led Indian government headed by Prime Narendra Modi has taken huge and unprecedented steps which will effectively destroy five decades of environmental jurisprudence the country has built with enormous struggle, pain and foresight.  

On July 25th, the Lok Sabha passed a Bill that comprehensively weakens Biological Diversity Act, 2002 (BDA) which India enacted after widespread debate and discussion and in conformance UN Convention on Biological Diversity, 1992.  The next day, the same house passed a Bill that comprehensively dilutes Forest Conservation Act, 1980 (FCA) which was enacted to stop forest destruction.   

Both Bills proposing amendments to BDA and FCA were staunchly opposed by various States, dozens of Parliamentarians and hundreds of thousands of environmental and social action organisations and researchers, on grounds this would lead to destruction of India’s forests and biodiversity. It was highlighted FCA Bill would result in easing forest diversion for extractive development; commercialise, commodify and privatise forests; extinguish community rights and control over forests; and deny fundamental rights of all communities within 100 kilometres of India’s borders. The BDA Bill would advance biopiracy, bio loot and bio extraction, and contribute to rapid and irreversible loss of biodiversity and associated traditional knowledge and rights. 

It was also highlighted that these amendment Bills together would attack rights of tribals and other forest dependent communities as guaranteed in Forest Rights Act, 2006 (FRA) and render meaningless laws protecting wildlife, wetlands, coastal forests, etc., it was pointed out. In effect they would cause widespread displacement and dislocation of nature dependent communities, contribute to massive erosion of natural resource dependent livelihoods, and offer India’s forests and biodiversity for unfettered growth of private profit.

BJP Members of Parliament who hold an invincible majority in the Lok Sabha, ensured these Bills sailed through the Lok Sabha.  These controversial Bills will now arrive for the assent of the Rajya Sabha.

As you would be aware, Joint Parliamentary Committees (JPCs) who reviewed these Bills, did not take cognisance of well documented, reasoned and grave concerns raised on irreversible adverse implications to country’s national, socio-economic and ecological security due to these Bills.  The JPCs also overlooked recommendations made by several subject related Parliamentary Committees advancing protection and conservation of India’s forests and biodiversity, and associated rights.  

In particular, recommendations of 324th Report of Rajya Sabha Department-Related Parliamentary Standing Committee On Science And Technology, Environment And Forests (2019) which expressly required Ministry of Environment, Forests and Climate Change (MoEF&CC) to coordinate with Ministry of Tribal Affairs (MoTA) in proposing any policy, scheme or law that affects forest rights, as required by Government of India Allocation of Business Rules 1961, has been absolutely violated in the formulation of these Bills.  This is evident from responses of both Ministries in the Rajya Sabha last week.[1]

Taking into account such grave infringements of the Constitutional mandate as well,  we appeal to each and every member of the Rajya Sabha to rise to the occasion, take a bipartisan view, put national interest before party, and step up to protect and conserve India’s astounding biodiversity, forests and such other natural resources and associated rights towards securing interests of this country now and into the future. This will require you to refuse assent to both these Bills.

While FCA and BDA do require reform to work harmoniously with FRA and other such progressive laws, and in keeping national commitments to effectively tackle climate change, this can be undertaken by MoEF&CC to - first and foremost - draft a policy to reforms of these laws, ensure it is translated in all Scheduled languages of India, ensure they are disseminated to every Local Government member, Biodiversity Management Committee, Forest Rights Committee, Legislator and Parliamentarian, and after a thorough debate and discussion formulate such amendments as are necessary to ensure better and deeply democratic governance of India’s biodiversity and forests.  

In the meantime, the Bills passed by Lok Sabha last week must be rejected as they guarantee Biodiversity Destruction and Forest Destruction.