Kalpavriksh

New Publications On ABS (Access And Benefit Sharing) In India: A Research Study And Four Sectoral Briefing Papers

 (Available in both English and Hindi). 

Kanchi Kohli and Shalini Bhutani

The study is an inquiry into whether India’s domestic legislative measure related to biodiversity and people’s knowledge –- the Biological Diversity Act, 2002, can in compliance with Convention on Biological Diversity (CBD) become a balancing force. Based on actual experiences, including the first 108 ABS agreements signed by India’s National Biodiversity Authority and the positions of the Government of India vis-a-vis the international law on ABS contained in the Nagoya Protocol, it examines whether the legal regime gives equal attention to facilitating access by users on one hand, and on the other hand guaranteeing real benefits to local provider communities.

The annexure in the study also has a handy compilation of the state-level biodiversity rules from across India. Locating the law and its implementation in real time, the authors ask the question: Can the ABS framework developed under the Act actually tip the balance in favour of community sovereignty, sustainable use and biodiversity conservation? Or does it force notions of balance and goodwill into what are otherwise deep-rooted conflicts of control over biological resources and people’s knowledge?

Peep into the Contents: English/ Hindi

For copies, feedback or comments you may write to: Biodcampaign
Contributory amount:(Postage as per actuals)

• For the Study :INR 150 / USD 15 
• For the Set of Four Papers: INR 120 / USD 10

Community Conserved Areas in South Asia: Case studies and analyses from Bangladesh, India, Nepal, Pakistan and Sri Lanka, 

Ed. by S. Bhatt, N. Pathak Broome, A. Kothari, and T. Balasinorwala, published by Kalpavriksh, India and released at CBD COP 11 (Hyderabad, Oct 2012) Contributory Amount Rs. 200/-

Communities have from time immemorial played a critical role in conserving a wide range of natural and modified habitats and species. Such practices have recently been internationally recognized as Indigenous Peoples and Local Community Conserved Areas and Territories (ICCAs). In the South Asian context these areas are referred to as Community Conserved Areas (CCAs). There has been a long felt need to document existing CCAs in different parts of the world and try and understand their characteristics. This report draws largely from a one year (2008-09) study that was carried out in South Asia to understand Community Conserved Areas (CCAs). Some of the experiences have also been drawn from previous work in the region related to CCAs. The one year study looked at five South Asian countries (Bangladesh, India, Nepal, Pakistan and Sri Lanka). The objective of the study was to understand the current extent of such initiatives, their role in biodiversity conservation and the challenges that they are currently faced with.

This document contains the printed Overview, and the individual country reports contained in a CD.

 What Has Globalisation Meant for India? 

Economic globalisation since 1991 has caused enormous environmental damage, and made the situation of India's poorest people worse. This brochure shows how.

(Also available in hard copy from Kalpavriksh at Rs. 40)

Common Concerns

An Analysis of the role and functioning of Biodiversity Management Committees under India’s Biodiversity Law

Co-authored by Kanchi Kohli and Shalini Bhutani

Published by Kalpavriksh and Foundation for Ecological Security

It is ten years since India's Biological Diversity (BD) Act, 2002. As per the Act, access to local resources and people's knowledge is granted to applicants for research, commercial utilisation, transfer of research results and intellectual property rights. At the local level, the law prescribes the setting up of Biodiversity Management Committees (BMCs) to be located in every Panchayati Raj Institution at both the urban and rural level. In other areas peoples are instead demanding legal recognition of their existing traditional structures. A decade after, the experience with the BD Act warranted a closer look. Looking at it through the lens of community control over biodiversity and conservation imperatives the BMCs become a crucial area of inquiry and intervention.This is especially with regards to understanding the commons in aspects of custodianship of biological resource and knowledge.

Three Indian states were chosen for this study on BMCs. These are Madhya Pradesh, Karnataka and Uttarakhand. Primarily because apart from the geographic spread, diversity of eco-systems and cultural contexts they have, all of them had either very distinct histories with 'commons' or a notable trajectory with the biodiversity regime.

Traversing through the landscape of the three states, the study draws from the authors' interactions with BMC members and State Biodiversity Boards in these three states. It also lays out the approach of the National Biodiversity Authority and the nodal Union Environment Ministry with respect to BMCs and their perceived role from 'above'. It flags the challenges that lie ahead with implementing the Act to fulfill the stated objectives of the Convention on Biological Diversity. While it seeks to highlight popular concerns vis-a-vis biodiversity governance. The study will also be of interest to those working on sectoral issues of forest, wildlife, agriculture, etc. for as the study shows the BD Act and the BMCs need to deal with them all.

Its closing chapter 'Wither Common(er)s?' summarises the assessment of the co-authors and also list the key findings of the study. Biological resources may no longer be the common heritage of humankind. But common concerns about both conservation and the lives and livelihoods of local peoples remain across diverse settings. It also attempts to locate principles of community and national sovereignty within the realm of a legal regime and its implementation.

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The study is available at an optional contributory amount of Rs.100/- It is a 'copyfree' publication and the soft copy will be uploaded shortly. Hard copies may be obtained from the Delhi office:  This email address is being protected from spambots. You need JavaScript enabled to view it.

By Meenakshi Kapoor and Kanchi Kohli

 90 pages. Also available in electronic pdf format. Contributory amount Rs.150/-

A study looking at the interactions between the Central and State Governments on the issue of notification of Ecologically Sensitive Areas around Protected Areas and in the Western Ghats

In India, Ecologically Sensitive Areas (ESAs) have been declared as mechanisms for environment protection and land use planning using environmental criteria since the 1980s. These notifications have been issued under the Environment (Protection) Act, 1986 (EPA) using its Section 3 (2) (v) and Environment (Protection) Rules, 1986 (EPR) through its Section 5 (1). Many believe that these clauses of the EPA and EPR and the declaration of ESAs hold the possibility of realizing landscape-level conservation in the country. However, over the years the provisions of ESAs have been used only by a few people. Experiences with ESAs has also brought about a range of pressing concerns related to the process of declaration, buy-in of state and local governments and standoffs between various stakeholders impacting the actual implementation of these  notifications.

During the period of 2007-2009, Kalpavriksh had undertaken a research study to understand and document thoroughly the process and experiences of the declaration of ESAs in the country. The 2009 study "Ecologically Sensitive Areas of India- The Story so far..." had traced the chronology of the notifications declaring ESAs and also reflected on the various mechanisms as well as methodologies through which each of these ESAs was declared, rejected or remain pending with the MoEF.

This new study is a follow up to the earlier research with an attempt to deal with these ESAs as they have evolved in policy and law post 2009. An effort has been made to understand and document the new developments and policy discourses that have emerged around ESAs in the period from 2009 to 2012, with specific emphasis on:

• A status update on the implementation of the Supreme Court order dated December 4, 2006 around the declaration of ESAs around Protected Area (PAs)

• The constitution of and processes related to the Western Ghats Ecology Expert Panel (WGEEP),

• Other ongoing processes of notification of ESAs by the MoEF under EPA, 1986.

While the first part of this study lays out the developments around ESAs that took place in the above mentioned time period, the latter part is composed of annexures dealing with the details of these developments like proposals submitted by the states for notifying ESAs around PAs, details of the notifications issued by the MoEF and information on the constitution and meetings of the WGEEP.

This publication contains a printed document of 90 pages. An electronic PDF version of the same is also available. Cover+Credit +Content page

The study was carried out with support of Duleep Mathai Nature Conservation Trust (DMNCT)

Please contact Vikal Samdariya ( This email address is being protected from spambots. You need JavaScript enabled to view it. ) if you would like a copy of either the printed or electronic document. 

Authors Contact Details:

Meenakshi Kapoor ( This email address is being protected from spambots. You need JavaScript enabled to view it. )

Kanchi Kohli ( This email address is being protected from spambots. You need JavaScript enabled to view it. )

Banking on Forests: Assets For A Climate Cure?

By Kanchi Kohli and Manju Menon

The governance of forests in India has been a complex realm to unravel. Due to the multiple claims to ownership, jurisdiction and management of forests through India's modern history, forests have remained a subject of intrigue for all those trying to understand the complex legalities that have operated within a single space. It is in this arena that the legal processes for the diversion of forests for non forest use has been practiced.

The strategies of valuation of and compensation of forest loss are central to forest regulation in India. They have converted forests into decontextualised, mobile and tradable commodities between regions. The present book seeks to explain how this is achieved and look at the continuity between the domestic regulation on forests and the new abstractions created by the climate change discourse in the form of REDD and REDD+. While the models of valuation differ, the effects on the commodification of forests deepen as greater mobility is created and trading across countries and continents is made possible through real time climate mitigation plan and forestry schemes.

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The financial support for this study was received from Heinrich Boll Foundation.

Note: Two Briefing Papers on Compensatory Afforestation Planning and Management Authority (CAMPA) and a critque of the National Mission for Green India will also soon be available in electronic form. Please let us know if you would like to receive copies of the same.

For copies please write to:  This email address is being protected from spambots. You need JavaScript enabled to view it.

Contact for authors: Kanchi Kohli (  This email address is being protected from spambots. You need JavaScript enabled to view it. ) and Manju Menon (  This email address is being protected from spambots. You need JavaScript enabled to view it. )

Pocketful of Forests- Legal debates around compensation and valuation of forest loss in India

By Kanchi Kohli, Manju Menon, Vikal Samdariya, Sreetama Guptabhaya Rs. 200/-

Diversion or dereservation of forest land for non-forest uses such as mining and industry comes with the mandatory condition of compensatory afforestation. This is to be undertaken as per the guidelines of the Ministry of Environment and Forests. Over the years, the poor implementation of this condition has come under scrutiny. Initiated by the Supreme Court, the debates and deliberations drew in the Central Empowered Committee, the Ministry of Environment and Forests and several legal and forestry experts to find a way to improve implementation. This process put into place a standardised system of valuating forests that are proposed for diversion, based on the ‘goods and services’ provided by them. It has also resulted in the creation of an institutional network comprising forest officials, experts and politicians at the Centre and the States for the collection and disbursal of funds collected on account of diversion or dereservation.

This present book “Pocketful of Forests: Legal debates around compensation and valuation of forests in India”, examines the steps that led to the setting up of the Compensatory Afforestation Planning and Management Authority (CAMPA) and the method of calculating the Net Present Value (NPV) of forests. The arguments that have taken place between the judiciary, the executive and the Parliament since 1999 are valuable material for those interested in matters of forest conservation and forest governance. They touch upon Centre-State relations, the political, administrative and technical notions of forests and the role of negotiation in policy-making.

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This report was supported by WWF-India's Civil Society Collaboration for Environment Governance Initiative.

For copies please contact, Vikal Samdariya (  This email address is being protected from spambots. You need JavaScript enabled to view it. ) or write to the Kalpavriksh email IDs (  This email address is being protected from spambots. You need JavaScript enabled to view it.  and This email address is being protected from spambots. You need JavaScript enabled to view it. ).

Parbat Ka Pret Rs.40

This is a translation of "Ghost of the Mountains" that Kalpavriksh and Snow Leopard Conservancy had published earlier. Eklavya, Kalpavriksh and Snow Leopard Conservancy-India Trust have published "Parbat Ka Pret", a story in Hindi on the issue of human wildlife conflict, set in Ladakh.

The Jarawa Tribal Reserve Dossier - Cultural & biological diversities in the Andaman Islands

A dossier prepared by Kalpavriksh Pp 215,

Edited by Pankaj Sekharia and Vishvajit Pandya

One of the most distinctive, but relatively little known features of the Andaman Islands is an entity of land and sea called the Jarawa Tribal Reserve (JTR) - a space legally notified in the name and, arguably, the interests of the Jarawa tribal community. Until recently, the Jarawa were hostile to outsiders. As a result, those who might have exploited the resources of the reserve - poachers, settlers and developers - were denied access. However, the Jarawa have now chosen to cease hostilities, and the borders of the Jarawa Tribal Reserve have become permeable to intrusion, even though legally off limits to outsiders. The multiple changes that have ensued have enormous ramifications for both the Jarawa people and their lands. As much information relating to the Jarawa and the Reserve remains scattered and difficult to access, this Dossier has undertaken to bring together within the covers of one publication, information and views about the JTR emanating from a number of distinct disciplines. Indeed, one cannot comprehend the complex interactions between the biological and cultural diversity of this unique people and place without adopting an interdisciplinary perspective.

Download Dossier

Read the Reviews: Seminar/Survival International/The Hindu/Mail Today

Community Conserved Areas in India – A Directory

Kalpavriksh Pp 800, Hard bound Rs 500

Compiled By Neema Pathak

This is a Directory of efforts or practices of local rural communities at conservation of biological diversity being referred to as Community Conserved Areas (CCAs). It is hoped that the Directory will be useful for those seeking to gain a deeper understanding of conservation, livelihoods, peoples' rights and development. This is done through compilation of 140 case studies and analysis of ground situation in 23 states of India, representing a diversity of ecosystems and kinds of efforts.

Nought Without Cause-

(Almost everyones’ guide to the Underlying causes of deforestation and forest degradation in the era of neoliberal globalization) Kalpavriksh Pp 220, Rs 100

Compiled by Milind Wani

The survival of forests in India is today at a grave risk. To protect them successfully will require a breaking out of the siege of the predatory model of economic development that our country has adapted. It is hoped that this volume will be useful to anyone interested in protecting the natural heritage of our country.

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RiGyancha

Kalpavriksh, Rs. 350

Compiled by Sujatha Padmanabham and Yashodhara Kundaji

The cold desert landscapes of Ladakh supports numerous plant and animal species that have adapted to the region in many different ways. Much of Ladakh's Wildlife has survived until the present, offering a unique window to a special ecosystem. This fragile ecosystem is, however, threatened by increasing disturbance and degradation of the natural habitat.

India's Notified Ecologically Sensitive Areas (ESAs)

By Meenakshi Kapoor, Kanchi Kohli and Manju Menon Rs.150

This document is the first comprehensive compilation of Ecologically Sensitive Areas (ESAs) and the range of issues associated with them. It traces the chronology of the nodifications declaring ESAs in India using the Environment rotection Act, 1986.  It also reflects on the various mechanism through which each of these ESAs came to be declared, rejected or remain pending with the Ministry of Environment and Forests (MoEF).  The detailed account of each of these ESAs,a comparison of the provisions and the range of actors involved, throw critical light on the trajectory of these ESAs.

Based on in-depth interviews and review of a number of documents ranging from Government records to those shared by activists/NGOs, the report arrives at some conclusions.  We hope to add these to the process of understanding the possibilities that ESAs offer as a landscape level planning tool for the conservation of multiple-use areas. Our conclusions also raise some critical concerns on how ESAs have come to be declared as well as implemented.

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Calling the Bluff: Revealing the state of Monitoring and Compliance of Environmental Clearance Conditions Pp32 + Data CD Rs.150

By Kanchi Kohli and Manju Menon with Sanchari Das and Divya Badami

This study takes a close look at the level of compliance achieved by projects that are granted environment clearance by the Ministry of Environment and Forests under the EIA notification. The findings based on the data collected from the Ministry of Environment’s own documentation and our field investigations point to many areas that need immediate attention. Non-compliance of clearance conditions has severe impacts on people and the environment. In most cases, these are poor labourers and contract workers on projects and local communities living around project sites, community water, forest areas and farm lands.

This document presents the overall findings of the study and our framing of the problem of non-compliance. The Data CD along with document contains the region-wise analysis of the six regional offices as well as the five projects for which we conducted on-site investigations.

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