(PDF) India's Biodiversity Act 2002 and its role in conservation
Exemption for certain biological resources normally traded commodities Section 40 1 The Central Government in consultation with the related Ministries and on the advice of the Authority may exempt certain biological resources, normally traded commodities, from the purview of the Act by publishing a notification in the official gazette. All collaborative research projects, other than those referred to in sub-section 1 which are based on agreements concluded before the commencement of this Act and in force shall, to the extent the provisions of agreement are inconsistent with the provisions of this Act or any guidelines issued under clause a of sub-section 3 , be void. Successful Bio Diversity Laws in other nations Costa Rica is a country with 0. State Biodiversity Fund Constitution of State Biodiversity Fund. Strategies, Plans, programmes for Conservation of Biological resources and traditional knowledge Section 36 1 The Authority shall take all necessary steps to implement the national strategies, plans, programmes developed by the Central Government in pursuance of Section 36. The modalities for protecting indigenous knowledge are still emerging and evolving and therefore the measures for doing so have been left open and flexible under this provision.
This as per the Karnataka Forest Act are deemed District Forests. Protection of indigenous or traditional knowledge, through appropriate laws or other measures such as registration of such knowledge; 8. Give directions to state Biodiversity Boards and the Biodiversity Management Committees in writing for effective implementation of the act. Data suggested expression of genes for growth and development and podophyllotoxin biosynthesis at 15°C, and prevalence of those associated with stress response at 25°C. India contains a great wealth of biological diversity in its forests, its wetlands and its marine areas. In order to assess the reasons for regulatory change in these three areas, this thesis qualifies the latest version of the Advocacy Coalition Framework's explanation for policy change as developed by Weible and Nohrstedt 2013.
Moreover commercial utilization has been defined in section 2, which also specifically excludes traditional practices and use in agriculture, horticulture, poultry, dairy farming, animal husbandry etc. Comparison between the number of species in India and the world. What does the Biodiversity Act - 2002 primarily address? Our great father of the nation who taught the lesson of peace and non violence and the power of civil disobedience to the whole world was certainly not his own idea but he learnt it from the various Hindu scriptures. Setting up of National, state and local Biodiversity funds to be used to support conservation and benefit sharing. State governments should be granted more autonomy in a bottom up approach to solve problems related to biodiversity. Soil Oil Extraction Case in Bhopal, Madhya Pradesh Section 7 and 57 Biodiversity Act, 2002 : In a bid to wider the net on imposing benefit sharing levy on corporate houses that use locally available bio-resources, the Madhya Pradesh Government is still considering finer points of State Biodiversity Act, 2002.
It provides for interalia registration of knowledge, and for developing sui generis system for protecting traditional knowledge. These will be persons with good domain knowledge in biodiversity. Thus, there were no laws to protect bio-piracy by the developed nation on the Indian soil. Whoever contravenes or attempts to contravene or abets the contravention of the provisions of section 7 or any order made under sub-section 2 of section 24 shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to five lakh rupees, or with both. Every application shall be accompanied by a fee of Rs.
The directions were issued on the interim prayers filed in Applications by the undersigned which complained that Defence Research Development Organisation, Indian Institute of Science, Indian Space Research Organisation, Bhabha Atomic Research Centre, Karnataka Small Scale Industries Development Corporation, Karnataka Housing Board, Sagitaur Pvt. Multi Sectoral Approach Conservation of biodiversity involves multiple stake holders and a multi-sectoral approach is necessary for its conservation in all spheres of ecosystem. Regulation of the use of the genetically modified organisms. Twelve such countries have been identified. We note here that there is no provision for a Biodiversity Board for a Union Territory because Union Territories have been placed under National Biodiversity Authority. State Biodiversity Fund This fund has to be created at state level to credit any grants and loans made to the State Biodiversity Board by the National Biodiversity Authority and money from other sources. This power of the State Biodiversity Boards which is applicable only on Indian citizens or organizations can be easily exploited by vested interests of commercial giants which have substantial overseas shareholders.
Explicit incorporation of these approaches in the Indian law can help in successfully dealing with the loopholes in the Biodiversity Act. Full particulars of the applicant a. Engage consultants for a specific period not exceeding 3 years for providing technical assistance to the Authority in the effective discharges of its functions. Through this way piracy of Intellectual Property Rights in and around India is prevented, it also saves the indigenous people from exploitation. It shall come into force on such date 1 as the Central Government may, by notification in the Official Gazette, appoint: Provided that different dates1 may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.
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. But it has been camouflaged with some greedy objectives to qualify as a developed nation. The Central Government shall endeavour to respect and protect the knowledge of local people relating to biological diversity, as recommended by the National Biodiversity Authority through such measures, which may include registration of such knowledge at the local, State or national levels, and other measures for protection, including sui generis system. Advise the central Government on any matter concerning conservation of biodiversity sustainable use of its components and fair and equitable sharing of benefits arising out of the use of biological resource and knowledge. However once access is allowed, then the challenges for regulatory mechanisms are to identify and claim a share of benefits and to ensure just and equitable sharing.
All matters relating to access by Indians for commercial purposes will be under the purview of the concerned State Biodiversity Boards. The representation may be flexible to meet the local requirements. On receipt of an application under sub-section 1 or sub-section 2 , the National Biodiversity Authority may, after making such enquiries as it may deem fit and if necessary after consulting an expert committee constituted for this purpose, by order, grant approval subject to any regulations made in this behalf and subject to such terms and conditions as it may deem fit, including the imposition of charges by way of royalty or for reasons to be recorded in writing, reject the application: Provided that no such order for rejection shall be made without giving an opportunity of being heard to the person affected. In the present paper sponge resources of the various ecosystems and their ecological relationships are analyzed. Prior intimation to State Biodiversity Board for obtaining biological resource for certain purposes. Setting up of National, State, and Local Biodiversity Funds, to be used to support conservation and benefit-sharing; 10.
It is true that the foundation of this act was laid to prevent bio-piracy by the developed nations. Article 21 and Article 14 are two of the fundamental rights guaranteed even to non-citizens. Medicinal property of the species is attributed to the presence of podophyllotoxin in the rhizome tissue. The form of the agreement shall be such as may be decided by the Authority. Wildlife Protection Act is for the protection of wild animals, birds and plants, and basically aims at protecting, propagating or developing wildlife or its environs through national parks, sanctuaries etc. It was contended that the rea that has been diverted to vairous environmentally risky projects are Amrit Mahal Kaval grassland ecosystems. The National Biodiversity Authority shall prepare a budget, maintain proper accounts and other relevant records including the accounts and other relevant records of the National Biodiversity Fund and prepare an annual statement of account in such form as may be prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India.
Details of the results of research conducted 3. The Comptroller and Auditor-General of India and any other person appointed by him in connection with the audit of the accounts of the National Biodiversity Authority shall have the same rights and privileges and authority in connection with such audit as the Comptroller and Auditor-General generally has in connection with the audit of the Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the National Biodiversity Authority. Do such other functions as may be assigned to direct by the central government from time-to-time. Since Indian citizens owe allegiance to the Constitution of India, it is easy to monitor and regulate their activities within existing legal framework. On receipt of an application under sub-section 2 , the National Biodiversity Authority may, after making such enquiries as it may deem fit and if necessary after consulting an expert committee constituted for this purpose, by order, grant approval subject to such terms and conditions as it may deem fit, including the imposition of charges by way of royalty or for reasons to be recorded in writing, reject the application: Provided that no such order for rejection shall be made without giving an opportunity of being heard to the person affected.
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