Post 1990s, there was a change in the economic structure from closed economy to open economy. Thanks, A Critical Analysis Of The Usage Of May Not In…, The Corona Conundrum: How to Deal with China Legally, Implementation of Work From Home Policy in India in…, The Relationship Between Dowry and Poverty. [i] Implementation of Biological Diversity Act in India: An Overview with Case Studies 24th August 2011, Pravat Chandro Sutar(Part-I) ,Nigamananda Swain (Part-I). However, at times the traditional knowledge so associated with the genetic resources is obtained from the indigenous and local communities, providing valuable information to researchers.[xv]. The law establishes an administrative body within the Ministry of Environment, Energy and Telecommunications (MEET) to oversee both the National System of Conservation Areas (SINAC) and National Biodiversity Administration Committee (CONAGEBIO). With only 2.5% of the world land area, India has 7.8% of global recorded species. trailer A national biodiversity authority has been established by the Biodiversity Act, 2002 to regulate act implementing rules 2004 has been operationalised since coming in to force. Furthermore, India also became a signatory to various other ecological as well environmental laws, such as the[iv] 1. 0000001082 00000 n Although the Act tries to deal with these problems, there are still loopholes like inadequate access to local communities, non-inclusion of genetic resources and access benefit sharing.

Biodiversity Act, 2002 came into existence much later than the other existing laws on environment such as the Indian Forest Act, 1927 , Wildlife Protection Act, 1972 , Environment Protection Act, 1986 etc. Costa Rica is a country with 0.1% of world’s land and is home to 5%of world’s biodiversity. To promote education and public awareness about the conservation and use of biodiversity. The Act does not mention any form of distinction between the people who use the biological resources for their individual purposes and those who use it sustainability purposes. 2. An Act to provide for conservation of biological diversity, sustainable use of its components and fair and equitable sharing of the benefits arising out of the use of biological resources, knowledge and for matters connected therewith or incidental thereto. Firstly the term consultation does not mean consent and is therefore much weaker that the requirement of “consent of local body”. 7. This DNR provides service providers for preserved specimen consisting all faun, herbarium (dried plant material for research ), living cells, genomes of organisms and information relating to hereditary and function of biological system.[viii]. Biodiversity is extremely complex, dynamic and varied. Prior Informed consent is important primarily for two reasons: There are number of issues relating to the provisions of ‘consultation’ with local communities. A classic example can be the Madhya Pradesh Rules Section 23(2) which states that “It is possible for the Biological State Rules to specify the linkages to establish integration and better functioning of various bodies.”. Sustainable use of the components of biodiversity. National Biodiversity Authority, An appeal was made to declare Section 40 of the Biological Diversity Act, 2002 illegal and unconstitutional as serious prejudice was likely to be caused which could cause jeopardy to the national interest and biodiversity of certain species. to conserve of biological diversity. Regulates the commercial utilization or bio-survey and bio-utilization of any biological resource by Indians. %%EOF Image Guidelines 5. Ram…

Content Guidelines 2. Biodiversity loss would not only have a negative implication on the lives of the human beings but also on the lives of other species in the ecosystem; leading to the imbalance in the ecosystem and making it difficult for all the organisms to thrive in their natural environment. 8. 3. 0000001734 00000 n It is important to note that an ordinary citizen cannot directly approach the court. 5. The NBA may consult the communities to work out benefit sharing mechanisms after the decision to allow access is made[ix]. Comparison between the number of species in India and the world. Organize through mass media a comprehensive programme regarding conservation of biodiversity, sustainable use of components and fair and equitable sharing of benefits arising out of the use of biological resources and knowledge. 16. Thus, the act has to grant approvals for access or IPRs keeping in mind the following considerations: The CBD prescribes for protection and conservation of biodiversity and establishment of institutions at the national and state level. For any legislation to be intra vires Article 14 it has to pass two tests. Coordinate the activities of state biodiversity. • Exemption to growers and cultivators of biodiversity and to Vaids and Hakimsto use biological resources.

The intelligible differentia states that a classification in itself does not make the Act/action ultra-vires.

0000006169 00000 n

Habitat loss affects 86% of all threatened birds, 86% of the threatened mammal’s assessed, and 88% of the threatened amphibians.

13. To advise state governments on matters of biodiversity conservation 2. [xviii] Article 71 of the Biodiversity Law, 1997 of Costa Rica.

[xvi] On the mountains “ Access and Benefit Sharing from Genetic Resources”, www.icimod.org.

To take measures to protect biodiversity of the country as well as to oppose the grant of intellectual property rights to any country outside or any biological resources obtained from India. 0000003584 00000 n Factors like pollution, overexploitation and degradation, coupled with natural causes, pose a threat to biodiversity. Take necessary measures including appointment of legal experts to oppose grant of intellectual property right in any country outside India on any biological outside India on any biological resource and associated knowledge obtained from India and in an illegal manner. 0000003092 00000 n Finally, the act assumes that resident citizens of India and corporations of India are never a threat to biodiversity. (1) This Act may be called the Biological Diversity Act, 2002. The law does not specifically address the question of ownership over genetic resources since tracking genetic resources and ensuring legal compliance by the users of genetic resources is difficult.

However, it states that there is no internationally agreed definition or understanding of the principle or mechanism for implementation. Hence, a strong legislation was required to curtail the overexploitation and piracy of the indigenous resources. The applicant who wants access must provide all pertinent information so that the community may make an informed decision.[xi].

To grant approval under Sections 3,4 and 6 of Biodiversity Act,2002. The Convention on Biological Diversity 1992 in its article 8(J) calls on contracting states. It also formulates and coordinates the policy for access to elements of biodiversity and associated knowledge, ensuring a suitable transfer of science and technology and the distribution of benefits. xref Therefore, the government decided to release its own draft on National Biodiversity Plan which was made by the technocrats. It further contains 45,968 species of plants 91,364 species of animals and over 5,650 microbial species. Highlights of Biological Diversity Act, 2002 of India! Before publishing your articles on this site, please read the following pages: 1. Regulation of the use of the genetically modified organisms.

0000002569 00000 n 15. Else he has to file a complaint to the NBA, which will then take necessary action. Development projects and operations, legal and administrative regimes have had and continue to have a devastating impact on indigenous people, undermining their ability to sustain themselves physically and culturally.

“To respect, preserve and maintain knowledge, innovations and practices of indigenous and local communities………..and promote their wider application with the approval and involvement of the holders of such knowledge, innovation and practices”.



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