Implications of the Sixth Schedule to the Biodiversity Act Case Study on the State of Meghalaya

Abstract

The main focus of the paper, is notably on the State of Meghalaya since, they have one of the oldest ruling customary laws that still is being exercised under the Sixth Schedule read harmoniously with the Central laws. The distinct social and historical factors, that influence the biodiversity laws in the State of Meghalaya makes it necessary for us to analyse, whether the Biodiversity Act of 2002, has been properly implemented in the State taking into consideration the Sixth Schedule of the Constitution into perspective. The repercussions of having to harmonise Central Laws with Customary Laws. And whether, the institutions vested with these responsibilities have successfully adhered to their duty. The paper has localised its focus research especially on the ambiguities that exist regarding the jurisdiction of the Biodiversity Management Board formed under this Act and how they shall ideally be constructed taking into consideration the Local Customary Laws. Ancillary to the principal research, it will also shed some light into some State laws and their shortcomings, in striving to achieve the implementation of the Biodiversity Act 2000.