Gauhati High Court seeks data on biological diversity issues from Centre, state

STAFF REPORTER

GUWAHATI: The Gauhati High Court has asked the State Government to file an affidavit by the third week of February to inform the court as to whether it has identified areas of Assam which have biological diversities and, if so, whether it has forwarded the relevant information to the Central Government. At the same time, the High Court also asked the Central Government, as represented by the Assistant Solicitor General of India, to inform the court as to whether it has taken any measures in accordance with Section 36 of the Biological Diversity Act, 2002.

The directives came during hearing of a suo moto Public Interest Litigation (PIL) which is linked to four PILs filed by different petitioners in connection with preservation of the biodiversity of Assam.

The court mentioned that it had, vide an order dated February 5, 2021, sought "certain instructions/information from learned Assistant Solicitor General of India as to what measures the Central Government has taken under Section 36 of the Biological Diversity Act, 2002."

The High Court further observed: "The matter relates to sustainable use of biological resources in the country. The Biological Diversity Act, 2002 is concerned with (a) conservation of biological diversity, (b) sustainable use of its components and (c) fair and equitable sharing of the benefits arising out of the use of biological resources. Section 36, therefore, mandates that the Central Government shall develop national strategies, plans and programmes for conservation and promotion of sustainable use of biological diversity and, in this regard, shall coordinate with the State Government under sub-section (2) of Section 36 of the Act."

The court noted that, "Even though almost a year has passed since we made our query requesting the Assistant Solicitor General of India to apprise this court regarding the measures taken by the Central Government under Section 36 of the Biological Diversity Act, the court has not been apprised, nor any affidavit been filed in this regard by the Central Government.

"… The learned Assistant Solicitor General has made a statement before this court that in spite of his repeated queries and requests in this regard he has not received any answer or instructions from the Central Government. We, therefore, presume that the Central Government has taken any measures as mandated under section 36 of the Biological Diversity Act, subject to what the Central Government may have to say on the next date fixed."

Hearing of the matter will resume on February 22.

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