The Government of India signed an international treaty Conservation of Biological Diversity and as per artcle of this treaty there shall be a national legislation and as per article 253 of the constitution of India read with List ! entry 13 and 14 only Parliament is vested with right to legislate and Hon SC also had ruled that evenif a state enters into a treaty with a foreign state the legislation shall be by Parliament.GOI legislated on this vide Biological Diversity Act 2002 and in the progress report submitted to CBD secretariat the Wildlife Protection Act 1972 ,Environment Protection Act 1986 are the measures taken.The Kerala Forest Vesting and asignment of Ecologically Fragile Lands Act 2003 is also preambled for the conservation of Biological diversity and international treaty is quoted in this state legislation.I took up the matter with Hon president of India Ministry of law and Justice Hon CM Kerala as well as i wrote to many MPs stating that this is an inroad into the legislative domain of parliament,But nothing is happening .A petition is pending with Ministry of Envirnment and forest transferred by Hon president as well as Hon CM where I have given suggestion to place the matter before Hon SC to annul the act as artcle 131 etc is attracted .
If you peruse the legislative site of all states it can be seen that Kerala is the only State in india to have used CBD to evacuate farmers from their farms without compensation and the yield from these farms are harvested by forest Officers without accounting them into treasury.I have raised the issue with CBD secretariat,CVC,Transparency International etc but things are treading at a slow pace and thusands of small marginal farmers without any compensation or without food are going to die in a state where literacy is the highest.
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