Biological Diversity Act, 2002

Last updated

Biological Diversity Act, 1000
Emblem of India.svg
Parliament of India
  • 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.
Citation Act No. 18 of 2003
Enacted by Parliament of India
Assented to5 February 2003
Commenced1 October 2003 and 1 July 2004 [1] [2]
Status: In force

The Biological Diversity Act, 2002 is an Act enacted by the Parliament of India for the preservation of biological diversity in India, and provides mechanism for equitable sharing of benefits arising out of the use of traditional biological resources and knowledge. The Act was enacted to meet the obligations under the Convention on Biological Diversity (CBD), because India is a party of the convention {meeting}.

Contents

History

The Act was enacted to meet the obligations under Convention on Biological Diversity (CBD), to which India is a part in 2002. [3] [4]

Biodiversity and Biological Resource

Biodiversity has been defined under Section 2(b) of the Act as "the variability among living organisms from all sources and the ecological complexes of which they are part, and includes diversity within species or between species and of eco-systems". The Act also defines, Biological resources as "plants, animals and micro-organisms or parts thereof, their genetic material and by-products (excluding value added products) with actual or potential use or value, but does not include human genetic material." [5]

National Biodiversity Authority and State Biodiversity Boards

The National Biodiversity Authority (NBA) is a statutory autonomous body, headquartered in Chennai, under the Ministry of Environment and Forests, Government of India established in 2003 to implement the provisions under the Act. State Biodiversity Boards (SBB) has been created in 28 States along with 31,574 Biological management committees (for each local body) across India.

Functions

Regulations

A foreigner, non-resident Indian, as defined in the clause (30) of section 2 of The Income-tax Act, 1961, or a foreign company or body corporate need to take permission from the NBA before obtaining any biological resources or associated knowledge from India for research, survey, commercial utilisation. [7] Indian citizens or body corporates need to take permission from the concerned State Biodiversity Board. [8]

Result of research using biological resources from India cannot be transferred to a non-citizen or a foreign company without the permission of NBA. However, no such permission is needed for publication of the research in a journal or seminar, or in case of a collaborative research made by institutions approved by Central Government. [9] The NBA while granting such permission may make an order for benefit sharing or royalty based on utilisation of such protection. [10]

Benefit sharing

Benefit sharing out of usage of biological resources can be done in following manner:

Penalties

If a person, violates the regulatory provisions he/she will be "punishable with imprisonment for a term which may extend to five years, or with fine which may extend to ten lakh rupees and where the damage caused exceeds ten lakh rupees, fine may commensurate {be in proportion} with the damage caused, or with both." [10]

Any offence under this Act is non-bailable and is cognizable.

See also

Related Research Articles

<span class="mw-page-title-main">Convention on Biological Diversity</span> International treaty on biological diversity

The Convention on Biological Diversity (CBD), known informally as the Biodiversity Convention, is a multilateral treaty. The Convention has three main goals: the conservation of biological diversity ; the sustainable use of its components; and the fair and equitable sharing of benefits arising from genetic resources. Its objective is to develop national strategies for the conservation and sustainable use of biological diversity, and it is often seen as the key document regarding sustainable development.

<span class="mw-page-title-main">Environmental law</span> Branch of law concerning the natural environment

Environmental laws are laws that protect the environment. Environmental law is the collection of laws, regulations, agreements and common law that governs how humans interact with their environment. This includes environmental regulations; laws governing management of natural resources, such as forests, minerals, or fisheries; and related topics such as environmental impact assessments.Environmental law is seen as the body of laws concerned with the protection of living things from the harm that human activity may immediately or eventually cause to them or their species, either directly or to the media and the habits on which they depend.

<span class="mw-page-title-main">Bioprospecting</span> Exploration of nature for material with commercial potential

Bioprospecting is the exploration of natural sources for small molecules, macromolecules and biochemical and genetic information that could be developed into commercially valuable products for the agricultural, aquaculture, bioremediation, cosmetics, nanotechnology, or pharmaceutical industries. In the pharmaceutical industry, for example, almost one third of all small-molecule drugs approved by the U.S. Food and Drug Administration (FDA) between 1981 and 2014 were either natural products or compounds derived from natural products.

<span class="mw-page-title-main">Protected area</span> Areas protected for having ecological or cultural importance

Protected areas or conservation areas are locations which receive protection because of their recognized natural, ecological or cultural values. Protected areas are those areas in which human presence or the exploitation of natural resources is limited.

The International Treaty on Plant Genetic Resources for Food and Agriculture, is a comprehensive international agreement in harmony with the Convention on Biological Diversity, which aims at guaranteeing food security through the conservation, exchange and sustainable use of the world's plant genetic resources for food and agriculture (PGRFA), the fair and equitable benefit sharing arising from its use, as well as the recognition of farmers' rights. It was signed in 2001 in Madrid, and entered into force on 29 June 2004.

In-situ conservation is the on-site conservation or the conservation of genetic resources in natural populations of plant or animal species, such as forest genetic resources in natural populations of Teagan species. This process protects the inhabitants and ensures the sustainability of the environment and ecosystem.

Rio Convention relates to the following three conventions, which were agreed at the Earth Summit held in Rio de Janeiro in June 1992.

The UN Environment Programme World Conservation Monitoring Centre (UNEP-WCMC) is a collaboration centre of UN Environment Programme, based in Cambridge in the United Kingdom. UNEP-WCMC has been part of UN Environment Programme since 2000, and has responsibility for biodiversity assessment and support to policy development and implementation. The World Conservation Monitoring Centre was previously an independent organisation jointly managed by IUCN, UN Environment Programme and WWF established in 1988. Prior to that, the centre was a part of the IUCN Secretariat.

Traditional knowledge (TK), indigenous knowledge (IK), folk knowledge, and local knowledge, generally refer to knowledge systems embedded in the cultural traditions of regional, indigenous, or local communities. According to the World Intellectual Property Organization (WIPO) and the United Nations (UN), traditional knowledge and traditional cultural expressions (TCE) are both types of indigenous knowledge.

<span class="mw-page-title-main">Biodiversity action plan</span>

A biodiversity action plan (BAP) is an internationally recognized program addressing threatened species and habitats and is designed to protect and restore biological systems. The original impetus for these plans derives from the 1992 Convention on Biological Diversity (CBD). As of 2009, 191 countries have ratified the CBD, but only a fraction of these have developed substantive BAP documents.

<span class="mw-page-title-main">East Kolkata Wetlands</span> Complex of natural and human-made wetlands lying east of Kolkata

The East Kolkata Wetlands, , are a complex of natural and human-made wetlands lying east of the city of Calcutta (Kolkata), of West Bengal in India. The wetlands cover 125 square kilometres and include salt marshes, and agricultural fields, sewage farms and settling ponds. The wetlands are also used to treat Kolkata's sewage, and the nutrients contained in the wastewater sustain fish farms and agriculture.

<span class="mw-page-title-main">Environment of India</span>

The environment of India comprises some of the world's most biodiverse ecozones. The Deccan Traps, Gangetic Plains and the Himalayas are the major geographical features. The country faces different forms of pollution as its major environmental issue and is more vulnerable to the effects of climate change being a developing nation. India has laws protecting the environment and is one of the countries that signed the Convention on Biological Diversity (CBD) treaty. The Ministry of Environment, Forest and Climate Change and each particular state forest departments plan and implement environmental policies throughout the country.

<span class="mw-page-title-main">Natural Justice: Lawyers for Communities and the Environment</span>

Natural Justice: Lawyers for Communities and the Environment is a non-profit organisation based in Cape Town, South Africa, with additional offices in Nairobi, Kenya, and Dakar, Senegal. It takes its name from the legal principle of natural justice and it works at the local level to legally empower communities to pursue social and environmental justice. It also works at the national and international levels to promote the full and effective implementation of environmental laws and policies such as the Convention on Biological Diversity.

<span class="mw-page-title-main">Nagoya Protocol</span> Global treaty on biological diversity

The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity, also known as the Nagoya Protocol on Access and Benefit Sharing (ABS) is a 2010 supplementary agreement to the 1992 Convention on Biological Diversity (CBD). Its aim is the implementation of one of the three objectives of the CBD: the fair and equitable sharing of benefits arising out of the utilization of genetic resources, thereby contributing to the conservation and sustainable use of biodiversity. It sets out obligations for its contracting parties to take measures in relation to access to genetic resources, benefit-sharing and compliance.

The National Biodiversity Authority (NBA) is a statutory autonomous body under the Ministry of Environment, Forests and Climate Change, Government of India established in 2003 to implement the provisions under the Biological Diversity Act, 2002, after India signed Convention on Biological Diversity (CBD) in 1992.

<span class="mw-page-title-main">Zakri Abdul Hamid</span> Malaysian academic

Tan Sri Zakri bin Abdul Hamid has had a distinguished career in science as a researcher, educator, administrator and diplomat.

Plant genetic resources describe the variability within plants that comes from human and natural selection over millennia. Their intrinsic value mainly concerns agricultural crops.

Ecosystem-based adaptation (EBA) encompasses a broad set of approaches to adapt to climate change. They all involve the management of ecosystems and their services to reduce the vulnerability of human communities to the impacts of climate change. The Convention on Biological Diversity defines EBA as "the use of biodiversity and ecosystem services as part of an overall adaptation strategy to help people to adapt to the adverse effects of climate change".

<span class="mw-page-title-main">Kunming-Montreal Global Biodiversity Framework</span>

The Kunming-Montreal Global Biodiversity Framework (GBF) is an outcome of the 2022 United Nations Biodiversity Conference. Its tentative title had been the "Post-2020 Global Biodiversity Framework". The GBF was adopted by the 15th Conference of Parties (COP15) to the Convention on Biological Diversity (CBD) on 19 December 2022. It has been promoted as a "Paris Agreement for Nature". It is one of a handful of agreements under the auspices of the CBD, and it is the most significant to date. It has been hailed as a "huge, historic moment" and a "major win for our planet and for all of humanity."

References

  1. "S.O.753(E), [01/07/2004]- Coming into force of sections of the Biodiversity Act, 2002". Ministry of Environment and Forest. Archived from the original on 8 April 2012. Retrieved 24 April 2013.
  2. "S.O.1146 (E)- Bringing into force Sections 1 and 2; Sections 8 to 17; Sections 48,54,59,62,63,64 and 65 w.e.f. 1st October, 2003". Ministry of Environment and Forest. Archived from the original on 8 April 2012. Retrieved 24 April 2013.
  3. "Environmental legislation", The Statesman , 19 January 2017
  4. "Biological Diversity Act 2002 and establishment of National Biodiversity Authority, Chennai", Ministry of Environment and Forests , archived from the original on 30 March 2013, retrieved 24 April 2013
  5. Section 2(c) of Biological Diversity Act, 2002
  6. Section 18 of Biological Diversity Act, 2002
  7. Section 3 of Biological Diversity Act, 2002
  8. Section 7 of Biological Diversity Act, 2002
  9. Section 4&5 of Biological Diversity Act, 2002
  10. 1 2 Section 6 of Biological Diversity Act, 2002
  11. Section 21(2) of Biological Diversity Act, 2002