BIOLOGICAL

DIVERSITY ACT,2002
INTRODUCTION

The Biological Diversity Act of 2002 is a seminal

legislation enacted by the Government of India,
addressing the critical need for the conservation and
sustainable use of the nation's rich biological resources.
Enacted on the 5th of February, 2003, this act
represents a significant milestone in India's efforts
towards biodiversity conservation, recognizing the
intrinsic value of biodiversity and the importance of its
preservation for ecological stability, economic
prosperity, and cultural heritage.

India, with its diverse range of ecosystems, from the

snow-capped peaks of the Himalayas to the dense
rainforests of the Western Ghats, is home to a
staggering array of flora and fauna. This biodiversity is
not only a source of natural beauty but also plays a
crucial role in supporting various ecological processes,
such as pollination, nutrient cycling, and soil formation,
which are essential for sustaining life on Earth.
Moreover, India's biological diversity forms the
foundation of numerous traditional practices,
livelihoods, and cultural identities, making its
conservation a matter of paramount importance.

However, despite its ecological and socio-economic

significance, India's biodiversity faces unprecedented
threats from human activities such as deforestation,
habitat destruction, pollution, overexploitation of
natural resources, and climate change. Rapid
industrialization, urbanization, and agricultural
expansion have led to the loss of natural habitats and
the extinction of several species, exacerbating the
already precarious state of biodiversity in the country.

Recognizing the urgent need to address these

challenges and safeguard India's biological heritage, the
Government of India enacted the Biological Diversity Act
in 2002. The primary objective of this legislation is to
provide a comprehensive legal framework for the
conservation, sustainable use, and equitable sharing of
benefits derived from biological resources and
associated traditional knowledge.

At its core, the Biological Diversity Act embodies the

principles enshrined in the Convention on Biological
Diversity (CBD), to which India is a signatory. These
principles include the conservation of biological
diversity, the sustainable use of its components, and
the fair and equitable sharing of benefits arising from
the utilization of genetic resources and associated
traditional knowledge. By aligning with the objectives of
the CBD, the Biological Diversity Act reflects India's
commitment to global biodiversity conservation efforts
and its leadership in promoting sustainable
development practices.

One of the key provisions of the Biological Diversity Act

is the establishment of the National Biodiversity
Authority (NBA), which serves as the apex body
responsible for implementing the provisions of the Act
at the national level. The NBA acts as a regulatory
authority, overseeing access to biological resources and
associated traditional knowledge, granting approvals
for research and commercial activities involving
biodiversity, and ensuring compliance with the
provisions of the Act.

Furthermore, the Biological Diversity Act mandates the

formation of State Biodiversity Boards (SBBs) in every
state and union territory to facilitate the
implementation of biodiversity conservation measures
at the regional level. These SBBs play a crucial role in
formulating biodiversity management plans, promoting
awareness and capacity-building initiatives, and
coordinating conservation efforts with various
stakeholders, including government agencies, civil
society organizations, and local communities.

In addition to regulatory measures, the Biological

Diversity Act emphasizes the importance of community
participation and traditional knowledge in biodiversity
conservation efforts. The Act recognizes the invaluable
contributions of indigenous and local communities to
the conservation and sustainable use of biodiversity, as
well as their rights over traditional knowledge
associated with biological resources. It ensures the
equitable sharing of benefits derived from the
commercialization of traditional knowledge, thereby
promoting social justice, empowerment, and cultural
preservation.

Moreover, the Biological Diversity Act encourages the

establishment of Biodiversity Management Committees
(BMCs) at the local level to facilitate community-based
conservation initiatives. These BMCs are responsible for
the documentation, conservation, and sustainable use
of biodiversity within their jurisdictions, fostering
grassroots involvement in biodiversity conservation
efforts and promoting the integration of traditional
knowledge with modern conservation practices.

In conclusion, the Biological Diversity Act of 2002

represents a landmark legislation aimed at addressing
the pressing challenges of biodiversity loss and
environmental degradation in India. By providing a
robust legal framework for biodiversity conservation,
sustainable utilization, and equitable benefit-sharing,
the Act lays the foundation for holistic and inclusive
conservation efforts across the country. As India strives
to balance its developmental aspirations with the
imperative of biodiversity conservation, the Biological
Diversity Act serves as a crucial tool for promoting
harmonious coexistence between humans and nature,
ensuring the continued survival and prosperity of both.

OBJECTIVES
The Biological Diversity Act of 2002 outlines several key
objectives aimed at conserving India's rich biological
resources, promoting sustainable utilization practices,
and ensuring equitable benefit-sharing. These
objectives reflect the overarching goals of biodiversity
conservation, sustainable development, and social
justice, guiding the implementation of the Act's
provisions at national, state, and local levels.

1. Regulation of Access to Biological Resources and

Traditional Knowledge:

The primary objective of the Biological Diversity Act is

to regulate access to biological resources and
associated traditional knowledge. It aims to prevent bio-
piracy and unauthorized exploitation of India's
biological wealth by mandating prior approval from the
National Biodiversity Authority (NBA) for any research
or commercial activity involving the utilization of
biological resources or associated traditional
knowledge. This regulatory oversight ensures that
access to biodiversity is governed by principles of
transparency, accountability, and sustainability.

2. Promotion of Biodiversity Conservation and

Sustainable Use:

Another key objective of the BDA is to promote

biodiversity conservation and sustainable use practices.
The Act mandates the establishment of Biodiversity
Management Committees (BMCs) at the local level to
facilitate grassroots involvement in biodiversity
conservation efforts. BMCs are entrusted with the
documentation, conservation, and sustainable use of
biodiversity within their jurisdictions, fostering
community-based conservation initiatives and
promoting traditional knowledge systems.

3. Protection of Traditional Knowledge and Community

Rights:

The BDA emphasizes the protection of traditional

knowledge associated with biological resources. It
recognizes the invaluable contributions of indigenous
and local communities to the conservation and
sustainable use of biodiversity, safeguarding their
rights and traditional practices. By ensuring the
equitable sharing of benefits derived from the
commercialization of traditional knowledge, the Act
promotes social justice, empowerment, and cultural
preservation.

4. Promotion of Awareness and Capacity-Building:

Additionally, the Biological Diversity Act promotes

awareness and capacity-building initiatives to enhance
public understanding of biodiversity conservation and
sustainable utilization practices. It encourages
collaboration between government agencies, research
institutions, civil society organizations, and local
communities to develop effective conservation
strategies and promote biodiversity-friendly practices
across various sectors.
5. Integration of Biodiversity Considerations into
Sectoral Policies:

Moreover, the Act emphasizes the integration of

biodiversity considerations into sectoral policies and
development planning processes. It underscores the
interconnectedness of biodiversity conservation with
broader socio-economic objectives, advocating for the
mainstreaming of biodiversity conservation into sectors
such as agriculture, forestry, fisheries, and tourism. By
fostering synergies between conservation and
development goals, the Act seeks to achieve sustainable
development outcomes while safeguarding India's
biological heritage for future generations.

Overall, the objectives of the Biological Diversity Act

reflect a holistic approach to biodiversity conservation,
recognizing the need for regulatory mechanisms,
community participation, traditional knowledge
protection, awareness-building efforts, and
mainstreaming of biodiversity considerations into
development policies. By addressing these objectives,
the Act aims to contribute to the conservation and
sustainable use of India's biological resources, thereby
ensuring their continued availability for the benefit of
present and future generations.
COVERAGE OF THE ACT

The Biological Diversity Act of 2002 covers a wide range

of subjects related to the conservation, sustainable use,
and equitable sharing of benefits derived from India's
biological resources and associated traditional
knowledge. Here's an overview of what the act covers
and who it applies to:

1. Biological Resources:
- The act covers all biological resources found within
the territorial jurisdiction of India, including plants,
animals, microorganisms, and their genetic material.
 - It includes resources from terrestrial, aquatic, and
marine ecosystems, encompassing diverse habitats such
as forests, wetlands, rivers, lakes, and coastal areas.

2. Traditional Knowledge:
- The act also extends to traditional knowledge
associated with biological resources, which is held by
indigenous and local communities.
- It seeks to protect and promote traditional
knowledge systems related to biodiversity conservation
and sustainable use practices.

3. Access and Utilization:

- The act regulates access to biological resources and
associated traditional knowledge for research,
commercial, or any other purpose.
- It applies to individuals, institutions, organizations,
and companies seeking to access or utilize biological
resources or traditional knowledge within India.

4. National Biodiversity Authority (NBA):

- The act establishes the National Biodiversity
Authority (NBA) as the apex body responsible for
implementing its provisions at the national level.
- The NBA regulates and facilitates access to biological
resources and traditional knowledge, grants approvals
for research and commercial activities involving
biodiversity, and ensures compliance with the
provisions of the act.
5. State Biodiversity Boards (SBBs):
- The act mandates the formation of State Biodiversity
Boards (SBBs) in every state and union territory to
facilitate the implementation of biodiversity
conservation measures at the regional level.
- SBBs play a crucial role in formulating biodiversity
management plans, promoting awareness and capacity-
building initiatives, and coordinating conservation
efforts with various stakeholders.

6. Biodiversity Management Committees (BMCs):

- The act encourages the establishment of Biodiversity
Management Committees (BMCs) at the local level to
facilitate community-based conservation initiatives.
- BMCs are responsible for the documentation,
conservation, and sustainable use of biodiversity within
their jurisdictions, fostering grassroots involvement in
biodiversity conservation efforts.

7. Indigenous and Local Communities:

- The act recognizes the rights of indigenous and local
communities over traditional knowledge associated with
biological resources.
- It ensures the equitable sharing of benefits derived
from the commercialization of traditional knowledge,
promoting social justice, empowerment, and cultural
preservation.

8. Researchers, Institutions, and Companies:

 - The act applies to researchers, educational
institutions, research institutions, government
agencies, non-governmental organizations (NGOs), and
private companies engaged in activities related to
biodiversity conservation, research, or commercial
utilization of biological resources.

In summary, the Biological Diversity Act of 2002 covers

a broad spectrum of subjects, including biological
resources, traditional knowledge, access and utilization,
regulatory bodies such as the NBA and SBBs, community
participation through BMCs, and various stakeholders
involved in biodiversity conservation and utilization
efforts within India. Its provisions aim to ensure the
sustainable management of biodiversity, protect
traditional knowledge, and promote equitable sharing of
benefits for the welfare of present and future
generations.
ABSTRACT

1. Title: "Safeguarding India's Biodiversity: A

Comprehensive Analysis of Conservation Policies
and Implementation Strategies"

India, recognized as one of the world's twelve mega

biodiversity countries, boasts an exceptional array of
ecosystems, ranging from lush tropical rainforests to
arid alpine deserts. This biological diversity,
encompassing millions of species of flora and fauna,
underpins India's socio-economic fabric and ecological
stability. However, rapid population growth,
urbanization, industrialization, and unsustainable
resource exploitation pose grave threats to this
invaluable heritage. In response, India has instituted a
multifaceted approach to biodiversity conservation,
comprising legal frameworks, institutional mechanisms,
and community-based initiatives. This paper conducts a
comprehensive analysis of India's biodiversity
conservation policies, examining their evolution,
implementation, challenges, and future prospects.

Introduction:
India's remarkable biodiversity is attributed to its
diverse geography, climate, and rich cultural heritage.
With only 2.5% of the world's land area, India harbors
over 8% of its recorded species, making it a global
biodiversity hotspot. The conservation of this biological
wealth is imperative for sustaining livelihoods,
ecological balance, and biodiversity-based industries.
However, the escalating anthropogenic pressures on
India's ecosystems necessitate concerted efforts to
enact and enforce effective conservation policies.

Policy Initiatives and Legal Framework:

India's commitment to biodiversity conservation is
manifested through its participation in international
conventions, including the Convention on Biological
Diversity (CBD) and the Convention on International
Trade in Endangered Species of Flora and Fauna
(CITES). Domestically, the Biological Diversity Act of
2002 provides a comprehensive legal framework for
regulating access to genetic resources, protecting
traditional knowledge, and ensuring equitable benefit-
sharing. The establishment of the National Biodiversity
Authority (NBA) and State Biodiversity Boards (SBBs)
underscores India's commitment to implementing these
policies at the national and sub-national levels.

Mechanism for Access and Benefit Sharing:

The BD Act delineates a robust mechanism for
governing access to biological resources and associated
traditional knowledge. Through a three-tiered system
involving the NBA, SBBs, and Biodiversity Management
Committees (BMCs), India regulates access by foreign
nationals, companies, and Indian citizens. The Act
emphasizes the importance of equitable benefit-sharing,
requiring stakeholders to negotiate mutually agreeable
terms to ensure that benefits accrue to both the country
and its people. Additionally, the establishment of
Peoples' Biodiversity Registers (PBRs) facilitates the
documentation and conservation of local biodiversity
and traditional knowledge at the grassroots level.

Challenges and Future Directions:

Despite significant progress, India's biodiversity
conservation efforts face numerous challenges,
including habitat loss, overexploitation of resources,
and inadequate enforcement of regulations.
Strengthening enforcement mechanisms, enhancing
public awareness, and fostering community
participation are crucial for overcoming these
challenges. Moreover, India must prioritize climate
change adaptation and mitigation strategies to
safeguard its biodiversity in the face of escalating
environmental threats.

Conclusion:
India's biodiversity is a national treasure that must be
conserved for future generations. The Biological
Diversity Act of 2002 provides a robust legal framework
for achieving this objective, but concerted efforts are
needed to address implementation gaps and emerging
conservation challenges. By promoting sustainable
practices, fostering community engagement, and
leveraging international cooperation, India can ensure
the long-term conservation and sustainable use of its
biological resources, thereby safeguarding its ecological
integrity and promoting inclusive development.
2. Title: Biological Diversity Act, 2002: threat to
agricultural production and food security!

The Biological Diversity Act of 2002 stands as a

significant legislative milestone in India's efforts to
conserve its rich biodiversity and traditional knowledge.
However, concerns have been raised regarding its
potential impact on agricultural production and food
security. This paper critically examines the implications
of the Biological Diversity Act of 2002 on agricultural
practices and food security in India. It analyzes the Act's
objectives, provisions, and implementation challenges,
as well as its effects on agricultural innovation,
international collaboration in agricultural research, and
India's ability to ensure food security for its population.
By evaluating the Act's role in regulating access to
genetic resources and associated traditional knowledge,
this paper aims to provide insights into its potential
impact on agricultural sustainability and food security in
India.

India's agricultural sector plays a crucial role in

ensuring food security for its vast population. However,
despite impressive economic growth rates, India
continues to grapple with food insecurity and
malnutrition. The slow growth of the agricultural sector,
coupled with disparities in resource access, has
contributed to these challenges. In 2008, India faced its
lowest food grain stocks in three decades, highlighting
the precarious nature of its food security situation. With
a significant portion of its population undernourished,
India's agricultural sector faces immense pressure to
sustainably increase food production to meet the needs
of its growing population.
Biological Diversity Act of 2002: Objectives and
Provisions

The Biological Diversity Act of 2002 was enacted with

the primary objectives of conserving India's biological
diversity, promoting sustainable use of genetic
resources, and ensuring equitable benefit-sharing.
However, the Act's provisions regarding access to
genetic resources and associated traditional knowledge
have raised concerns among agricultural stakeholders.
The Act requires prior approval for accessing genetic
resources, imposing regulatory hurdles that may
impede agricultural research and innovation.
Additionally, the Act mandates equitable benefit-
sharing, which could potentially affect agricultural
productivity and economic viability.

Impact on Agricultural Innovation and Research

One of the key concerns surrounding the Biological

Diversity Act of 2002 is its impact on agricultural
innovation and research. The Act's stringent regulations
on access to genetic resources may hinder agricultural
scientists' ability to conduct research and develop new
crop varieties. Furthermore, the requirement for
equitable benefit-sharing may discourage collaboration
between Indian and international agricultural research
institutions, limiting the exchange of knowledge and
resources essential for agricultural innovation.

Challenges in Implementation
Despite its noble objectives, the implementation of the
Biological Diversity Act of 2002 has been fraught with
challenges. A lack of awareness and capacity among
stakeholders, coupled with complex regulatory
frameworks, has hampered the Act's effective
implementation. Moreover, the absence of tangible
benefits for local communities has undermined support
for the Act, further complicating its implementation.

International Collaboration and Food Security

India's ability to ensure food security is closely linked to

its collaboration with international partners in
agricultural research and innovation. However, the
Biological Diversity Act of 2002 may hinder such
collaboration by imposing regulatory barriers and
benefit-sharing requirements. This could limit India's
access to essential genetic resources and impede its
efforts to develop resilient crop varieties capable of
withstanding environmental challenges.
In conclusion, the Biological Diversity Act of 2002
represents a double-edged sword for India's agricultural
sector. While it aims to conserve biodiversity and
ensure equitable benefit-sharing, its stringent
provisions may hinder agricultural innovation and
research, thereby impacting food security. To address
these challenges, policymakers must strike a balance
between conservation goals and agricultural
development needs. Reforms to streamline regulatory
processes and enhance stakeholder engagement are
essential to maximize the Act's benefits while
minimizing its adverse effects on agricultural production
and food security in India.

3.Title: AN OVERVIEW ON BIOLOGICAL

DIVERSITY ACT – 2002*
India's Biological Diversity Act of 2002 represents a
crucial legal tool in the country's dedication to
conserving biodiversity and ensuring fair benefit-
sharing. This abstract examines the Act's primary
provisions and its importance within India's abundant
biological resources and traditional knowledge systems.

The introduction underscores India's position as one of

the world's 17 mega diverse nations, hosting an
impressive 7.8% of the recorded global species despite
occupying only 2.5% of the land area. Highlighting
India's adherence to international agreements such as
the Convention on Biological Diversity (CBD), the
introduction underscores the Act's role in facilitating
access to genetic resources while guaranteeing
equitable benefit-sharing, particularly with indigenous
communities.

The abstract then delves into the core components of

the Biological Diversity Act. It elucidates the Act's
objectives, including the regulation of access to
biological resources and the promotion of biodiversity
conservation and sustainable use. Notable provisions
such as the establishment of the National Biodiversity
Authority (NBA), State Biodiversity Boards (SBBs), and
Biodiversity Management Committees (BMCs)
underscore the Act's decentralized approach to
biodiversity governance.

A key emphasis is placed on community involvement,

with BMCs tasked with compiling People's Biodiversity
Registers (PBRs) in consultation with local stakeholders.
The Act also mandates prior approval for access to
biological resources by foreign entities, safeguarding
India's biodiversity from exploitation without equitable
benefit-sharing.

Moreover, the Act prioritizes the conservation of

threatened species and the identification of biodiversity
heritage sites, underscoring India's commitment to
preserving its biological wealth. The establishment of
biodiversity funds at national, state, and local levels
further bolsters conservation efforts and ensures
sustainable resource management.

In conclusion, this abstract highlights India's proactive

approach to biodiversity conservation through
legislative means. By integrating traditional knowledge
with modern legal frameworks, India aims to safeguard
its biological heritage while promoting sustainable
development and fair benefit-sharing.
Summary of Biological Diversity Act, 2002:
• 12 Chapters
• 65 Sections and many subsections
• Notified Notifications and Rules
• Chapter – I : Preliminary – Terminologies and
Definitions
• Chapter – II : Regulations of access to Biological
Diversity (3)
• Certain persons not to undertake Biodiversity related
activities without the approval of NBA (3)
• Results of research not to be transferred to certain
persons without the approval of NBA (4)
• Section 3 and 4 not to apply to certain Collaborative
Projects (5)
• Application for IPR rights not to be made without
approval of NBA (6)
• Prior intimation to State Biodiversity Board for
obtaining biological resource for by Indian citizen or a
body corporate for the utilization of bioresources for
commercial purpose (7)
• Chapter – III : Establishment of National Biodiversity

Authority
• Chapter – IV : Functions and Powers of National
Biodiversity Authority
• Chapter – V : Approval by the National Biodiversity

Authority for understanding certain

activities ie Transfer of biological resource or associated
knowledge.
• Chapter – VI : Establishment of State Biodiversity
Board
• Chapter – VII : Finance, Accounts and Audit of National
Biodiversity Authority
• Chapter – VIII : Finance, Accounts and Audit of State
Biodiversity Authority

• Chapter – IX : Duties of the Central and State

Governments
• Central Govt to develop strategic plan for
conservation and sustainable use of biodiversity and
bioresources (36)
• Declaration of Biodiversity heritage sites by the State
Government to protect the unique Biodiversity areas.
(37)
• Power of Central Government to notify threatened /
endangered species. (38)
• Power of Central Government to designate
repositories (39)
• Power of Central Government to exempt Normally
Traded Commodities (40)
• Chapter – X : Constitution of State Biodiversity
Management Committees
• Chapter – XI : Local Biodiversity Fund
• Chapter – XII : Miscellaneous
• National Biodiversity Authority to be bound by policy
directions as the Central Government may give in
writing to it from time to time (48).
• Power of State Government to give policy directions to
the State Biodiversity Boards. (49)
• Settlement of dispute between National Biodiversity
Authority and State Biodiversity Boards (50)
• Penalities (55)
• Whoever contravenes or attempts to contravene the
provisions of section 3 or section 4 or section (6) shall
be punishable with imprisonment for a term which may
EXTENDS TO FIVE YEARS or with fine which may extend
to ten lakh rupees and where the damage caused
exceeds TEN LAKH RUPEES such FINE MAY
COMMENSURATE WITH THE DAMAGE CAUSED OR WITH
BOTH [55(1)]
• Whoever contravenes or attempts to contravene the
provisions of section 7 or any order made under
subsection (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

Management structure of Biodiversity Act:

A three tiered structure at the national, state and local
level is envisaged.
National Biodiversity Authority (NBA):
All matters relating to requests for access by foreign
individuals, institutions or companies, and all matters
relating to transfer of results of research to any
foreigner will be dealt with by the National Biodiversity
Authority.
State Biodiversity Boards (SBB):
All matters relating to access by Indians for commercial
purposes will be under the purview of the State
Biodiversity Boards (SBB). The Indian industry will be
required to provide prior intimation to the concerned
SBB about the use of biological resource. The State
Board will have the power to restrict any such activity,
which violates the objectives of conservation,
sustainable use and equitable sharing of benefits.
Biodiversity Management Committess (BMCs) :
Institutions of local state government will be required to
set up biodiversity management Committees in their
respective areas for conservation, sustainable use,
documentation of biodiversity and chronicling of
knowledge relating to biodiversity.
NBA and SBBs are required to consult the concerned
BMCs on matters related to use of biological resources
and associated knowledge within their jurisdiction.
People’s Biodiversity Register (PBR):
• The main function of the BMC is to prepare Peoples
Biodiversity Register in consultation with local people.
• The Register shall contain comprehensive information
on availability and knowledge of local biological
resources, their medicinal or any other use or any other
traditional knowledge associated with them.

• Many of our local people or ecosystem people possess

valuable knowledge of uses of biodiversity such as
herbal remedies and vegetable dyes, much of the
knowledge of the status and dynamics of biodiversity
also resides with the people at grassroots.
• The tremendous valuation from place to place in the
distribution and uses of biodiversity, the documentation
has to be highly location specific and time specific.
• The PBR is a complex process involving a series of
activities linked to each other in many different ways.
• All local bodies have the responsibility of
documentation of local biological resources
• Comprehensive information on availability and
knowledge of local biological resources, their medicinal
or any other use or any other traditional knowledge
associated with them.
• Data about the local Vaids and practitioners using the
biological resources.
• Details of the access to biological resources and
traditional knowledge grated, details of collection fee
imposed and details of the benefits derived and mode of
their sharing.
• People’s knowledge is of two kinds.
• Knowledge of uses that might find commercial
application and that might need to be guarded with
respect to IPR.
• Knowledge pertinent to prudent management of
natural resources that might be widely shared with
benefit to all concerned without any unfair commercial
profits accruing to any party.
• The NBA and the SBB shall provide guidance and
technical support to the BMC for preparing Peoples
Biodiversity Registers (BDR.22,9)
• The Peoples Biodiversity Registers shall be maintained
and validated by the BMC

Biodiversity Heritage Sites (BHS):

Biodiversity heritage sites (BHS) should includes both
wild and domesticated biodiversity and human cultural
relations with such biodiversity. The question will arise,
how biodiversity. Heritage sites are different from the
concept of “Protected areas”? Protected areas is
covered in The Wild Life Act. It is important to focuss
while declaring Biodiversity Heritage sites on some
aspects like. 9
• Local communities would be central to such a process
including in identifying and deciding on potentials of
BHS.

• Both Traditional knowledge and modern scientific

knowledge could be used for process of management of
BHS

• Involvement of marginalized sections of communities

including women should be ensured their involvement in
BHS

• Government Institutions, NGO’s, Teachers should

facilitate local communities for capacity building for
managing BHS

• Institutional linkages between and among the existing

institutions like panchayats, gram sabhas, village/tribal
council, urban wards should be planned for managing
the BHS

• Without prejudice to any other law for the time being

in force, the State Government may, from time to time
in consultation with the local bodies, notify in the
Official Gazette, areas of biodiversity importance as
biodiversity heritage sites under this Act.

• The State Government, in consultation with the

Central Government, may frame rules for the
management and conservation of all the heritage sites.
• The State Government shall frame schemes for
compensating or rehabilitating any person or section of
people economically affected by such notification.

Without prejudice to any other law for the time being in

force, the State government may, from time to time in
consultation with the local bodies, notify in the Official
Gazette, areas of biodiversity importance as biodiversity
heritage sites under this Act. [37 (1)]
The State Government, in consultation with the Central
Government, may frame rules for the management and
conservation of all the heritage sites. [37(2)] The State
Government 10
shall frame schemes for compensating or rehabilitating
any person or section of people economically affected
by such notification. [37(2)]
The National Biodiversity formed an Expert Committee
to prepare the guidelines on establishment of
Biodiversity Heritage site. The EC will decide on the
type of ecosystems, landscapes and land and water uses
and guidelines developed will be notified soon.
As per section 21(1) The National Biodiversity Authority
shall while granting approvals under section 19 or
section 20 ensure that the terms and conditions subject
to which approval is granted secures equitable sharing
of benefits arising out of the use of accessed biological
resources, their by-products, innovations and practices
associated with their use and applications and
knowledge relating thereto in accordance with mutually
agreed terms and conditions between the person
applying for such approval, local bodies concerned and
the benefit claimer.
The National Biodiversity Authority Constituted an
Expert Committee to develop guidelines for benefit
sharing for the access of biological resource occurring in
India or associated knowledge there to for research or
for commercial utilization or for biosurvey and
bioutilization. The Authority while granting approval to
any person for access or for transfer of results of
research or applying for patent and IPR or for third
party transfer of the accessed biological resource and
associated knowledge may impose terms and conditions
for ensuring equitable sharing of the benefits arising
out of the use of accessed biological material and
associated knowledge. No person who has been granted
approval under section 19 shall transfer any biological
resource or knowledge associated there which is the
subject matter of the said approval except with the
permission of the National Biodiversity Authority 20 (1).
Any person who intends to transfer any biological
resource or knowledge associated thereto referred to in
subsection (1) shall make an application from and in
such manner as may be prescribed by the National
Biodiversity Authority. 20(2)
The guidelines shall provide for monetary and other
benefits such as royalty; joint ventures; technology
transfer; product development; education and
awareness raising activities institutional capacity
building and venture capital fund. The formula for
benefit 11
sharing shall be determined on case-by-case basis. The
Authority will soon notify guidelines. The are few
examples of benefit sharing in place in some countries.
National Biodiversity Authority (NBA) :
• Establishment of NBA.
• The head office of the NBA is established at Chennai.
• NBA consists of the following members.

Members of NBA:
• A Chairperson who shall be an eminent person having
adequate knowledge on conservation and sustainable
use of biological diversity.

• Three ex-officio members appointed by the Central

Government. One representing the Ministry dealing with
Tribal affairs.Two representing the Ministry dealing with
Environment and Forests of whom one shall be the
Additional Director General of Forests.

• Seven ex-officio members appointed by the Central

Government to represent respectively the Ministries of
the Central Government dealing with

• Agricultural Research and Education

• Biotechnology
• Ocean Development
• Agriculture and Cooperation
• Indian Systems of Medicine and Homeopathy
• Science and Technology
• Scientific and Industrial Research

• Five non-official members appointed amongst

specialists and scientists, representatives of industry,
conservers, creators and knowledge holders of
biological resources
Functions and Powers of NBA:
• Regulate activities, approve and advice the
government of India on research, commercial, bio-
survey and bio-utilization.
• Grant approval to Section 3,4 and 6.
• Certain persons not to undertake Biodiversity related
activities without approval of National Biodiversity
Authority (Section 3).
• Results of research not to be transferred to certain
persons without approval of National Biodiversity
Authority (Section 4).
• Application for IPR rights not to be made without
approval of National Biodiversity Authority (Section 6).
• Perform such other functions as may be necessary to
carry out the provisions of this act.

Approvals by NBA:
• Any person who intends to access or apply for a
patent or any other form of IPR protection whether in
India or outside India referred to sub-section (1) of
Section 6 may make an application prescribed by NBA.

• Any person who intends to transfer any biological

resource or knowledge associated thereto referred to
sub-section (1) of Section 3 shall make an application in
such form and in such manner as may be prescribed to
the National Biodiversity Authority.
• Determination of equitable benefit sharing by National
Biodiversity Authority.

State Biodiversity Board (SBB):

• Establishment of State Biodiversity Board in every
State.

• State Government may by notification in the Gazette

can establish the SBB in their State name e.g Tamil
Nadu Biodiversity Board.

• No State Biodiversity Board shall be constituted for a

Union Territory and in relation to Union Territory, the
National Biodiversity Authority shall exercise the
powers and perform the functions of a SBB for the Union
territory.
Collaborative Research:
Collaborative research projects involving transfer or
exchange of biological resources between government
sponsored institutions and similar institutions in other
countries will be exempted from this regulation.
Intellectual Property Rights:
Intellectual Property Rights relating to biological
resources must be defined in order to ensure that the
benefits derived from their use are equitably shared.
Section 6 of the Act underlines this principle. In case of
persons intending to apply for any form of Intellectual
Property Right in or outside India for any invention
based on any research or information on a biological
resource found in India, prior permission of the NBA is
required. The NBA may impose benefit sharing fee or
royalty or conditions on the financial benefits arising
out of commercial utilization of such right while
granting permission. Section 21 provides for the
determination of "equitable benefit sharing" which is
also one of the objectives of the Act. NBA in
consultation with local bodies can impose terms and
conditions for securing equitable sharing of benefits.
National Biodiversity Fund:
A National Biodiversity Fund is being constituted for this
purpose. The NBA will ensure that equitable benefit
sharing is made during the utilization of biological
resources and the knowledge relating to them. The
amount of benefit sharing will be deposited in the
National Biodiversity Fund and the amount shall be paid
directly to such individuals or groups of individuals or
organizations in accordance with the terms of any
agreement in such manner as decided by the NBA. On
behalf of the Central government, the NBA will take all
measures to oppose Intellectual Property Rights
granted outside India on any biological resource or
associated knowledge originating from India.
Enforcement:
The section dealt with under chapter XII provides for
enforcement in general and deals with penalty,
cognizance of offences, offences by companies, appeal
etc in particular. Section 58 provides that the offences
under the Act shall be cognizable and non-bailable. 14
Any person, aggrieved by any determination of benefit
sharing or order of the Authority under this Act may file
an appeal to the High Court. The time allowed to prefer
an appeal is 30 days from the date of communication to
the aggrieved person of the Order of the Authority.
If any person contravenes any direction given or order
made by the Central Government, the State
Government, the National Biodiversity Authority or the
State Biodiversity Board for which no punishment has
been separately provided under the Act the person shall
be punished with a fine which may extend to one lakh
rupees and in case of a subsequent offence the fine may
extend to two lakh rupees and in case of continuous
contravention with additional fine which may extend to
two lakh rupees everyday which the default continues.

Biopiracy:
To check biopiracy, the proposed legislation provides
that access to biological resources and associated
knowledge is subject to terms and conditions, which
secure equitable sharing of benefits. Further, it would
be required to obtain the approval of the National
Biodiversity Authority before seeking and IPR based on
biological material and associated knowledge obtained
from India.
Exemptions provided in the Act:
The Biological Act, 2002 provides for the following
exemptions:
• Exemption to local people and community of the area
for free access to use biological resources within India.
• Exemption to growers and cultivators of biodiversity
and to Vaids and Hakims to use biological resources.
• Exemption through notification of normally traded
commodities from the purview of the Act.
• Exemption for collaborative research through
government sponsored or government approved
institutions subject to overall policy guidelines and
approval of the Central Government.
15
Regulation of Access to Biological Diversity
• No person referred to in such-section (2) shall without
previous approval of the NBA obtain any biological
resource occurring in India or knowledge associated
thereto for research or for commercial utilization or for
bio survey and bio utilization (3(1))
• The persons who shall be required to take the
approval of NBA under sub-section (3(1)).
􀂃 A person who is not a citizen of India 3(2a)
􀂃 A citizen of India, who is a non-resident as defined in
clause (30) of section (2) of the Income tax act, 1961
(3(2b))
􀂃 A body corporate, association or organization (3(2c))
• Not incorporated or registered in India (3(2c I) or
• Incorporated or registered in India under any law for
the time being in force which has any non-Indian
participation in its share capital or management. (3(2c
II))

Results of research not to be transferred to certain

persons without the approval of NBA
• No person shall without the previous approval of the
NBA transfer the results of any research relating to any
biological resources occurring in or obtained from India
for monetary consideration or otherwise to any person
who is not a citizen of India or citizen of India who is
non-resident as defined in clause (30) of section 2 of the
Income-tax Act, 1961 or a body corporate or
organization which is not registered or incorporated in
India or which has any non-Indian participation in its
share capital or management. For the purposes of this
section transfer does not include publication of research
papers or dissemination of knowledge in any seminar or
workshop if such publication is as per the guidelines
issued by the Central Government (4).

Collaborative research projects:

• The provisions of section 3 and 4 shall not apply to
collaborative research projects involving transfer or
exchange of biological resources or information relating
thereto between institutions including Government
sponsored institutions of India and such

Institutions in other countries if such collaborative

research projects satisfy the conditions specified in sub-
section (5(3)).
• Collaborative research projects shall conform to the
policy guidelines issued by the Central Government in
this behalf (5(a)).
• Should be approved by the Central Government.
(5(b)).

Application for Intellectual Property rights not to be

made without the approval of NBA
• No person shall apply for any Intellectual Property
Right, by whatever name called in or outside India for
any invention based on any research or information on a
biological resource obtained from India without
obtaining the previous approval of the NBA before
making such application. (6(1)).
• NBA while granting the approval under this section,
impose benefit sharing fee or royalty or both or impose
conditions including the sharing of financial benefits
arising out of the commercial utilization of such rights.
(6(2)).
• The provisions of this section shall not apply to any
person making an application for any right under any
law relating to protection of plant varieties enacted by
parliament. (6(3)).
• Where any right is granted under law referred to in
sub-section (3), the concerned authority granting such
right shall endorse a copy of such document granting
the right to the NBA. (6(4)).

Permission of commercial utilization of Bioresources

No persons who is a citizen of India or a body corporate
or association or organization which is registered in
India shall obtain any biological resource for commercial
utilization or bio-survey and bio-utilization for
commercial utilization except after giving prior
intimation to the State Biodiversity Board concerned
(7).
• Provided that the provisions of this section shall not
apply to the local people and communities of the area
including growers and cultivators of biodiversity and
vaids and hakims, who have been practicing in digenous
medicine. (7)
Determination of equitable benefit sharing by NBA
• NBA shall while granting approvals under section 19 or
section 20 ensures that the terms and conditions
subject to which approval is granted secures equitable
sharing of benefit arising out of the use of accessed
biological resources, their by-products, innovations and
practices associated with their use and applications and
knowledge relating thereto in accordance with mutually
agreed terms and conditions between the person
applying for such approval, local bodies concerned and
the benefit claimers

Conclusion
The intrinsic value of Biological diversity and of the
ecological, genetic, social, economic, scientific,
educational, cultural, recreational and aesthetic values
and its components are to be taken care properly for
the better management of biological resources and
biodiversity for the welfare of human beings for better,
and healthier as well as peaceful living on earth. The
conservation of biological diversity is a serious and
common concern of human beings for better living. It
should be recognized that the women in rural setup play
a vital role in the conservation and sustainable use of
biological diversity and affirming the need for the full
participation of women at all levels of policy making and
implementation for biological diversity conservation.
Biodiversity is an important component for economic
and social development and poverty eradication and
overriding priorities of most of the developing countries
in the world.
The conservation and sustainable use of biological
diversity is critical importance of meeting of food,
fodder, fiber, health, water and other needs of growing
world population for which purpose, access to and
sharing of both genetic resources and technologies are
essential. It should be determined to conserve and
sustainable use of biological diversity for the benefit of
present and future generations.
Besides law enforcing forces and regulations of the
Governments, it is always better to involve the people in
a “Participatory Mode” including Tribal people, farmers,
ecologists, illiterate villagers, for the conservation and
protection of Biodiversity wealth of our great Nation.
Awareness creation among people, school children,
students and teachers in the colleges, Universities is
very important to conserve the biodiversity wealth.
Participatory 18
mode of involvement of the people at ground level to
acquire more knowledge about the biodiversity
conservation will help to maintain and sustain the
bioresources and biodiversity. The involvement of local
people and their willing participation alone could save
the national wealth of biodiversity.
It is difficult to solve and manage and conserve the
biological diversity by the State Government or Central
Government alone but the people of our great nation
have to be aware of our natural biodiversity wealth of
our country and they should take all measures to
conserve and protect our rich biodiversity not only for
better living of our present generation but also for our
future generations.

4. Title: The Biological Diversity Act of India

and agro-biodiversity management
Author(s): Pratibha Brahmi, R. P. Dua and
B. S. Dhillon
The Biological Diversity Act of India and agro-
biodiversity management Pratïbha Brahmi*, R. P. Dua
and B. S. Dhillon After the Convention on Biological
Diversity (CBD) was adopted by the United Nations, in
June 1992, the contracting countries were required to
integrate consideration of conservation and sus tainable
use of biological diversity into relevant legal
procedures, programmes and policies. The Biological
Diversity Act was passed by the Parliament in 2002 after
a process of consultation among stakeholders. The Act
provides for conservation of biological diversity,
sustainable use of its components and equitable sharing
of benefits arising out of the use of biological resources.
Agro biodiversity which is a subset of total biological
diversity is a major concern for the world food security
and the issues of conservation and management of
agro-biodiversity are one of the high priorities for a
diversity-rich country like India. In this article we
analyse the provisions of this Act related to agro-
biodiversity management and how the access to these
resources may be managed to channel the benefits to
the users as well as custodians of agro-biodiversity.
Biological diversity is the variability among all living
human kind and it is vital to anticipate, prevent and
tackle organisms existing on earth in various
ecosystems and the causes of loss or reduction of
biological resources, ecological complexes. This
diversity is the basis of con- The dependence of human
beings on biological diver tinuous evolution of life forms
and in turn maintaining sity is undoubted, as evident in
everyday life. The food, the life-sustaining systems of
the biosphere. The conser- fibre, fuel, fodder, shelter,
health and other needs of the vation of all biological
diversity is a common concern of growing world
population are dependent on various com ponents of
biodiversity. It is also recognized that plant genetic
resources for food and agriculture are a common The
authors are in the National Bureau of Plant Genetic
Resources, _ ,, . . , _ . . , , , Pusa Campus, New Delhi 110
012, India. concern of all countries and ♦For
correspondence, e-mail: [email protected] on
plant genetic resources CURRENT SCIENCE, VOL. 86, NO.
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Therefore, the sustainable use of biological diversity at
the ledge and information relating to the national as
well as international level is of critical import- sources.
tance. For the same reason, the access to and sharing of
(vii) Involvement of institutions of self-both genetic
resources and technologies for their sustain- broad
scheme of the implementation able use among nations
are essential. constitution of committees. A legally
binding agreement, Convention on Biological Diversity
(CBD), was adopted by the United Nations Con- Relevant
definitions reference on Environment and Development,
held at Rio de Janeiro in June 1992. The objectives of the
CBD are 'the Some of the definitions in the context of
the Act conservation of biological diversity, the
sustainable use Benefit dimers means the conservers of
its components and the fair and equitable sharing of
sources> their byproducts> creators and holders the
benefits arising out of the utilization of genetic
resource- ,edge and information relating t0 the use of
such cess, including by appropriate access to genetic
resources resources) innovations and practices
associated and by appropriate transfer of relevant
technologies, taking use and application into account all
rights over those resources and to technologies, and by
appropriate funding'1. The Convention Biological
diversity means the variability among reaffirmed that
states have sovereign rights over their organisms from
all sources and the ecological biological resources and
that the states are responsible for of which they are
Part and includes diversity within conserving these
resources and using the same in a subspecies or
between species and of ecosystems, sustainable
manner. The contracting parties to the CBD are,
biological resources means plants, animals and
therefore, required to integrate considerations of
conservation of organisms or parts thereof, their
genetic material tion and sustainable use of biological
diversity into relevant ducts with actual or potential use
or value sectoral or cross-sectoral plans, programmes
and policies. include human genetic material. The
Biological Diversity Act (BDA) was formulated Bio survey
and bio-utiiization means survey after India became
signatory to the CBD. The draft Legis- of species>
subspecies, genes, components and elation were
developed through an intensive consultation biological]
resources for any purpose and includes process
involving all stakeholders such as the Central erization!
envenomization and bioassay. Government, State
Governments, institutions of local self-government,
scientific and technical institutions, experts, Equitable
benefit sharing means sharing of non-governmental
organizations, industry, etc. The Act determined by the
National Biodiversity Authority was passed by the
Parliament in December 2002 (ref. 2). section 21 of the
Act. The objectives of the Act are 'to provide for
conservation National Biodiversity Authority means the
of biological diversity, sustainable use of its
components diversity Authority established under
section 8 of and equitable sharing of the benefits arising
out of the use of biological resources and for matters
connected there with or incidental thereto'. State
Biodiversity Board means the State Biodiversity Board
established under section 22 of the Act. Some of the
salient provisions made elation of access to biological
diversity, and sustainable use are: lead to the long-term
decline of biological diversity, there by maintaining its
potential to meet the needs and aspirations of present
and future generations. (i) Conservation and sustainable
use of biological diversity. (ii) Conservation and
development of areas important from the standpoint of
biological diversity by declaring them as biological
diversity heritage sites. Proposed institutional
mechanisms (iii) Protection and rehabilitation of
threatened species. (iv) To respect and protect
knowledge of local community- For the effective
implementation of the BDA, the ties related to
biodiversity. Government would undertake activities to
develop national (v) Regulation of access to biological
resources of the strategies, plans and programmes for
conservation and country with the purpose of securing
equitable share in sustainable use of biological
resources, with the following benefits arising out of the
use of biological resources, and proposed institutional
mechanisms. It would take mean associated knowledge
relating to biological resources. sures for identification
and monitoring biodiversity-rich (vi) To secure sharing
of benefits with local people as areas and notify
threatened species. It would also under conservers of
biological resources and holders of know- take
promotion of incentives for research, training, public
660 CURRENT SCIENCE, VOL. 86, NO. 5, 10 MARCH
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GENERAL ARTICLES awareness and education with
respect to biodiversity, and Section 3 of the Act restricts
certain persons make assessment of environment
impact of any activity undertake biodiversity-related
activities without likely to have adverse impact on
biological diversity. It val of the NBA as stated below:
would regulate, manage or control the risks associated
with j No person referred t0 in subsection (2) use and
release of living modified organisms resulting from
pervious approval of the National, Biodiversity
biotechnology, likely to have adverse impact on
conservation- obtain any biological resources occurring
in India Ii00 and sustainable use of biodiversity and
human health. ] edge associated theret0 for research or
for It may also declare some resources to be exempted
from utilization or for bio. Survey and bio-utilization. the
provisions of this Act, including resources normally 2
The persons who shall be required to take traded as
commodities. The National Biodiversity Authority under
sub-It is proposed to have National Biodiversity
Authority ^ are the following: (NBA), State Biodiversity
Boards (SBB) and Biodiversity Management Committees
(BMC) for effective implementation- ^ a Person w^0 is
not a citizen of India; mentation of the Act (b) a citizen
of India, who is a non-resident as defined in The NBA
will deal with matters relating to requests for clause
(30) of section 2 of the Income Tax Act, 1961; access by
foreign individuals, institutions or companies, (-c-) a
body corporate, association or organization and those
relating to transfer of results of research to any O not
'corporately °r registered in India, or foreigner.
Imposition of terms and conditions to secure <ü>
incorporated or registered in India under any fair and
equitable sharing of benefits arising out of utile- ^or
dame being 'n force which has any non-Indian nation of
biological resources and approvals for seeking
participation in its share capital or management, any
form of Intellectual Property Rights (IPR) in or outside
Section 4 provides conditions for transfer of results
India for an invention based on research or information
research related to biodiversity. It states that 'No
person pertaining to a biological resource or knowledge
asocial- shall without the previous approval of the
National acted thereto obtained from India, would also
be dealt with diversity Authority, transfer the results of
any research by the NBA. relating to any biological
resources occurring or obtained SBB would be
constituted for every state in India to deal from India for
monetary consideration with matters relating to access
by Indians for commercial any person who is not a
citizen purposes and restrict any activity which violates
the object- rate or organization which is not ties of
conservation, sustainable use and equitable shar- in
India or which has any non-Ing of benefits. share capital
or management'. Institutions of self-government in their
respective areas However, 'transfer' would constitute a
BMC for conservation, sustainable use, search papers or
dissemination documentation of biodiversity and
chronicling of know- near or workshop, if ledge relating
to biodiversity. BMC shall be consulted by guidelines
issued by the NBA and SBB on matters related to use of
biological re- Exemption to provisions sources and
associated knowledge within their jurisdiction. provided
in Section It is also proposed to set-up 'Biodiversity
Funds' at can- that 'the provisions of Tral, state and
local levels. The monetary benefits, fees and
collaborative research royalties received as a result of
approvals by NBA will change of biological be deposited
in the 'National Biodiversity Fund'. The Fund thereto
between institutions, will be used for conservation and
development of areas sored institutions of from where
resources have been accessed, including countries, if
such collaborative management and conservation of
heritage sites wherever conditions specified applicable.
research projects should conform to the policy
guidelines Traditional knowledge associated with
biological re- issued by the Central Government in this
source is proposed to be protected. It is also proposed
approved by the Central Government. that the State
Governments will notify National Heritage research
projects other than those referred Sites, which are
important from the standpoint of bio- (1) which are
based on agreements concluded diversity, in
consultation with institutions of local self-
commencement of this Act and in force governments.
Section 6 deals with the application for IPR. The sec tion
states that 'No person shall apply for any intellectual
Provisions for regulation of access to property right by
whatever name called in or outside biological diversity
for any invention based on any research or information
on a biological resource obtained from India, without ob.
Chapter II deals with regulation of access to biological
training the pervious approval of the NBA before
diversity (Sections 3-7). such application'. This
permission, however, may be CURRENT SCIENCE, VOL.
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GENERAL ARTICLES obtained after the acceptance of the
patent but before seal- cations and knowledge relating
thereto Ing the patent by the patent authority
concerned, in case with mutually agreed terms and
conditions if a person applies for a patent. person
applying for such approval, local bodies concerned NBA
may, while granting the approval under this sec- and
the benefit claimers. tion, impose benefit-sharing fee or
royalty or both or impose The NBA shall determine the
benefit sharing subject to conditions, including the
sharing of financial benefits airs- any regulations made
in this behalf, which shall be given Ing out of the
commercial utilization of such rights. The effect in all or
any of the following manner: provisions of this section
shall not apply to any person making an application for
any rights under any law relate Ing to protection of
plant varieties enacted by Parliament as the concerned
authority granting such right shall enclose a copy of
such document granting the right to the NBA. Section 7
is regarding prior intimation to the SBB for obtaining
biological resources for certain purposes, and it states,
'No person who is a citizen of India or a body core
pirate, association or organization which is registered in
India shall obtain any biological resource for commercial
utilization or bio-survey and bio-utilization for comer (a)
Grant of Joint ownership of intellectual property rights
to the National Biodiversity Authority, or where benefit
claimers are identified, to such benefit claimers. (b)
Transfer of technology. (c) Location of production,
research and development units in such areas which will
facilitate better living standards to the benefit claimers.
(d) Association of Indian scientists, benefit claimers and
the local people with research and development in bio
logical resources and bio-survey and bio-utilization. T
(e) Setting up of venture capital fund for aiding the
cause coal utilization, except after giving prior
intimation to the of benefit claimers. State Biodiversity
Board concerned'. The provisions of this section shall
not apply to the local people and community ties of the
area, including voids and hakims, who have been
practising indigenous medicine. (f) Payment of
monetary compensation and other non-monetary
benefits to the benefit claimers as the National
Biodiversity Authority may deem fit. Where any amount
of money is ordered by way of benefit Functions and
powers of NBA sha'in8; he N, B„A ™y the amount to be
deposited in the National Biodiversity Fund. rip I. • o md
a j r- j jo. - t o t. It is further provided in the section that
where biology The duties of the NBA are defined under
Section 18. Advise the State Governments in the
selection of important areas Consideration for effective
implementation of biodiversity to be notified as heritage
sites and mean- BDA with reference to agro-biodiversity
sures for the management of such heritage sites;
perform such other functions as may be necessary to
carry out the Agro-biodiversity means the biological
diversity of agri provisions of this Act. culture-related
species and their wild relatives. It is the The NBA may
also take measures necessary to oppose most important
components affecting human the grant of IPR in any
country outside India, on behalf of concerns for agro-
biodiversity conservation and the Central Government
on any biological resource obtained- are one of the high
priorities of biodiversity-ned from India or knowledge
associated with biological like India. The following
issues of benefit resource which is derived from India.
management of agro-biodiversity need to be focused.
Determination of equitable benefit Provision for benefit-
sharing mechanisms sharing by NBA The CBD mandates
its member countries to enact national the manner of
determination of equitable benefit sharing laws that
would facilitate prior informed consent and bene is
provided in Section 21. The NBA, while granting appro-
fit sharing in a fair and equitable manner, prior to
access via under Section 19 or Section 20, would ensure
that the and use of biological resources and traditional
knowledge, terms and conditions subject to which
approval is gran- Several countries have already
enacted laws to put in place ted, secure equitable
sharing of benefits arising out of the access and benefit
sharing (ABS) regime. Under Sec use of accessed
biological resources, their by-products, inno- tion 6 of
the Indian Biological Diversity Act, there is a various and
practices associated with their use and application-
clear message that no body can apply for IPR without
662 CURRENT SCIENCE, VOL. 86, NO. 5, 10 MARCH
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GENERAL ARTICLES taking prior permission from NBA.
The NBA can impose Harmonization of implementation
of benefit-sharing fee or royalty or both, or ask for
sharing benefit-sharing mechanisms under the financial
benefit arising out of commercialization of the PPVFR
Act and BDA material. Section 7 envisages that no body
except local communities and vaids can have access to
biological re- The conservers and providers of genetic
resources sources for commercial purpose without prior
intimation receive recognition and reward from the
'National to the SBB concerned. Fund' proposed under
the PPVFR Act. The fund shall be The mechanism of
benefit sharing for plant genetic contributed by way of
benefit sharing (monetary) resources and the traditional
knowledge has been well in the prescribed manner from
the breeder taken care of at the national level in the
following Acts: when the breeder develops a particular
variety genetic resources accessed from
farmers/farming com (i) In the provisions of Section 26
(I) of Protection of Plant Varieties and Farmers' Rights
(PPVFR) Act 2001 (ref. 3), wherein the Authority shall
publish and invite claims of benefit sharing for the
applicant variety to be registered, in the manner as may
be prescribed (ii) In Section 10.4 (D) of Patent
(Amendment) Act 2002 (ref. 4). If the patent applicant
mentions a biological mate rial in the specification, the
application shall be comple ted by depositing the
material to the authorized depository institutions and
by fulfilling conditions such as the dis closure of the
source and geographical origin of the bio logical
material in the specification, when used in invention.
munities. The details of all the genetic material
(complete passport data) used by the breeder in the
development of a new variety, are to be submitted to
the PPVFR Autho rity at the time of submitting the
application for registra tion of the variety. The Authority
would then decide about the amount and manner of
payment of benefit sharing to the owner of the genetic
material used in the development of the variety in a
prescribed manner. Similar funds are also proposed to
be constituted by NBA under this act. The National
Biodiversity Fund shall be funded by way of grants and
loans from the Central . . , . , . , . . , , , Government; all
charges and royalties received by the NBA The
biological material is to be deposited not later
than , ,. , ,, . , , _Tr> . : , , . , under this act; and all sums
received by NBA from other the date of the patent
application. The depository
institu- . ...... , , . , . , ., ,, ,sources as decided by the
Central Government, tion would make the biological
material available to public . r , «■ u r, , .. _ " r_ . This
fund shall be used for channelling benefits to the after
publication of the patent [Section 11(A)]. , r. , . . , f,. , 1
t-t benefit claimers, conservation and promotion ot
biologi However, at the international level there is an
urgent cal resources and need to harmonize the
provisions under CBD and Trade development, of
Related Aspects of Intellectual Property Rights (TRIPS)5,
ces or knowledge if the interest of the all parties,
namely the stakeholders sultation with the local of
biological material/traditional knowledge, the consu-
State Biodiversity mer and the intellectuals are to be
safeguarded. Article 7 for every state of TRIPS
agreement clearly emphasizes that the 'protec- by the
NBA and tion and enforcement of intellectual property
rights should Governments and contribute to the
promotion of technological innovation conservation of
and dissemination of technology, to the mutual
advantage litation of any section of producers and users
of the technological knowledge the notification of and in
a manner conducive to social and economic wel- and
promotion of fare, and to a balance of rights and
obligations'. The key mic development issues which
need to be considered for amendment of the sources
have been accessed. TRIPS Agreement for
harmonization with provision of Therefore, a need for
harmonization of provisions of CBD are: benefit-sharing
mechanisms is felt, when both the Acts are dealing with
agro-biodiversity and provide for (i) Disclosure of the
source and country of origin of the sharing to
conservers and biological resources and of the
traditional knowledge The consideration for rewarding
used in the invention. of agro-biological resources could
be determined keeping (ii) Evidence of prior informed
consent through approval in view the level of agro-
biodiversity (number of acces of authorities under the
relevant national regime. sions or breeds) conserved by
the farmers/communities, (iii) Evidence of fair and
equitable sharing under the especially in biodiversity-
rich areas. Other criteria could relevant national
regime6. be the number of landraces conserved by the
farmer/ community, how many among these are rare or
available This aspect needs to be deliberated at the
international only with the applicant7, number of
varieties bred by institutions like WTO so that the
farmers/communities of other breeders using the
material conserved by the corn developing countries
possessing a wealth of biological re- munity and in case
of landraces or folk varieties, the sources are benefited
according to CBD provisions. amount of seed produced
and sold in the area. CURRENT SCIENCE, VOL. 86, NO. 5,
10 MARCH 2004 663This content downloaded from
194.150.65.44 on Thu, 07 Oct 2021 01:51:52 UTCAll use
subject to https://about.jstor.org/terms
GENERAL ARTICLES Institutional mechanisms for agro
biodiversity management The provision for regulation of
biological diversity under Section 3 of the BDA may
imply that there could be de lays in germplasm
exchange at the international level, as well as the
supply of germplasm to private sector within the
country [refer 2 (c) (ii) of the Section 3]. Since most of
the private sectors have non-Indian participation, each
and every case will have to be referred to the NBA; it
would be appropriate if this power is given to the com
mittee on agro-biodiversity which is to be constituted
under Section 13. Further, that committee may delegate
the powers to Director General, Indian Council of
Agricultural Re search (ICAR), Deputy Director Generals
(DDGs) (ICAR) and Directors of various genetic
resources bureaus de pending upon criticality,
importance and national interest in relation to a
particular genetic resource; and national and bilateral
MoUs, undertakings and treaties. The foreign indentor
(public sector, private sector, CG and other inter
national institutes) will also have to be kept in view
while delegating the power to DDGs/Directors of the
bureaus. For effective management of genetic
resources, this com mittee on agro-biodiversity may be
given all discretions relevant to the management of
agro-biodiversity, including inventorization, surveying,
collection, conservation, cha racterization, evaluation,
documentation, exchange, utili zation, etc. Further, for
obtaining biological resource by any Indian (Section 7),
the SBBs would have to be intimated. Also, according to
Section 41, the SBB will consult the BMC, constituted by
the local body of the area, even for simple use of
biological resources and there could also be fees for
collection activities. Since the national bureaus and
other agriculture research institutions in public sector
col lect, characterize and evaluate the germplasm and
conserve it with the ultimate objective of utilization in
the national interest, it would be appropriate if the
public-sector insti tutions are exempted from provisions
of these sections, as in the case of vaids and hakims.
Conclusions The CBD recognizes the sovereign rights of
the nations over their natural resources and reaffirms
the authority resting with national governments to
determine and faci litate access to genetic resources
among nations for envi ronmentally sound purposes,
subject to national legislation and on mutually agreed
terms. The CBD also recognizes the contributions of
local and indigenous communities to the conservation
and sustainable utilization of biological diversity
through traditional knowledge, practices and
innovations, and provides for fair and equitable sharing
of benefits with such people. India has accordingly pro
vided all such related mechanisms in the legislation
through promulgation of different Acts (PPVFR Act, BDA
and Patent (Amendment) Act). Some of the issues,
particu larly management of agro-biodiversity need to
be dealt with by involving existing infrastructure in
public-sector institutions, such as those controlled by
ICAR, Department of Agriculture Research Education,
local self-governments and other departments related
to management of various types of biological resources,
with the basic objective of conserving biological
resources for sustainable use and smoothening the
access for their utilization at the national level and for
international exchange. Also, sincere efforts are
required at the national level to pursue the case for
harmonization of provisions under CBD and TRIPS at
international fora for channelling the benefits to the
hold ers of biological resources.

5. Title- Impact of Biological Diversity Act

2002 on agriculture
The year 2008 witnessed the lowest food grain stocks in
the last three decades and the world had consumed
more food than it produced. The Indian economy has
been growing rapidly at an impressive annual rate of
about 8.5% over the last few years, yet India is the
home for 20% of the chronically hungry of the world and
24% of its population is undernourished1. This is mainly
attributable to the slow pace of growth of the
agricultural sector (2.5%) in the past decade, besides
the disparity in access to the resources. The ecologic
and economic distress in the farming sector, manifested
as the con tinuing national tragedy of farmers' sui
cides" and the large scale import of food grains after
three decades of food self sufficiency at prices higher
than that of the internal market3'4, are pointing to an
impending, yet avoidable food crisis. Food security is an
essential pre-requisite for national security and
sovereignty. India, heading towards the status of the
most populated country in the world by 2050 (ref. 5), is
left with only 2.5% of the global land area and 7.8% of
the bio diversity to produce food for 18% of the world
population. Wise management of land, water and
biodiversity is the key to achieve sustainable food
security. Among these three pillars of food secu rity.
land and water are limited and the least amenable for
augmentation. But the biodiversity component, being
truly re newable. offers unlimited opportunities to
enrich the food production as its use in a given system
does not affect its avail ability elsewhere. Our challenge
of feed ing the ever-increasing population in the midst
of the climate chaos can only be addressed by drawing
heavily from the global plant genetic estate. No country
ever possessed all the ge netic resources essential for
its existence. Every country in the world uses exotic
genetic material to enhance the produc tivity of its
crops and livestock, as the genetic limits of the native
stock can be overcome only by incorporating genes from
exotic genetic material. The Food and Agriculture
Organization's 22nd Conference adopted a resolution6
(Reso lution 8/83) that plant genetic resources are a
heritage of mankind to be preserved and to be freely
available for use, for the benefit of the present and
future genera tions. Developing countries en masse
pushed through and adopted the resolu tion, while
Canada, France, Germany, Japan, United Kingdom and
the United States of America officially reserved their
position with respect to the FAO undertaking as it
explicitly specifies that the term plant genetic resources
also includes newly developed varieties and special
genetic stocks. Europe in the 1960s and USA in 1970,
through legisla tion, had established breeder's
ownership rights for the sake of the highly deve loped
seed industry. The developing coun tries' effort to keep
all types of breeding material within the public domain,
out side the scope of patents, was at variance with the
demand of the developed coun tries to provide and
respect intellectual property protection and this led to
the 'FAO gene wars'7. In 1989, developed countries
succeeded in establishing Plant Breeder's Rights as
provided under UPOV (International Union for the
Protection of New Varieties of Plants). This FAO reso
lution, though recognizes Farmers' Rights, sets the
stage for the showdown between the North and South
over ge netic resources in the United Nations
Convention on Biodiversity (CBD)'. The biodiversity-rich
developing na tions had high expectations for CBD un
der the premise that biological resources, being the raw
material for the biotech nology industry, is the key to
potential economic success in the future. The high tide
of publicity and hope in the popular and scientific media
portrayed biodiver sity as the most commercially
important natural resource like oil or gold. The
politicians and policy makers in the de veloping world
were carried away by the wave of propaganda and
lobbying by ac tivists and NGOs, rather than empirical
evidence. The South abandoned the com mon heritage
strategy adopted in the FAO and successfully demanded
national sovereign rights over genetic resources in the
CBD negotiations. They also pushed for and succeeded
in including equitable sharing of genetic resources in
the CBD. The historic shift in position of the South that
led to the tragic loss of biodiversity from the common
heri tage of humanity was chronicled by Kloppenberg
and Kleinman"1 and Rosendal"'12. The demand of the
southern nations for national sovereign rights over their
biological resources was evidently based on the premise
that they are rich, self sufficient and have surplus
genetic resources of high commercial value. Articles 3
and 15 of the CBD recognize sovereign rights of nation
states over their biological resources and their authority
to determine access to genetic resources through
national legislation. Several countries, including India,
have developed legal regimes and implement ing
mechanisms to regulate access to genetic resources1'.
Biological Diversity Act14 of India is based on the above
pro visions of the CBD and the Sections 3 and 21 of the
Act completely prohibit rest of the world from accessing
biologi cal resources occurring in India or knowledge
associated with it without previous approval and
equitable sharing of benefits arising out of the
commercial utilization1516. Purpose and rationale of
this legisla tion was made clear by Raja, the then
Minister for Environment and Forests, Government of
India: 'The access (to India's biological resources) has to
be on mutually agreed terms which inter-alia would
include recognition of associated Traditional Knowledge
of indigenous communities and equitable benefit shar
ing arrangements ... to deal with exten sive pressure on
our biological resources because of recent
biotechnoiogical deve lopments ... India being a mega
diversity country, should and would like to derive its
strength from its rich genetic diver sity ...'. We are now
into the fifth year of implementation of the Biological
Diversity Act and Rules and it is high time to critically
analyse and take stock of the underlying rationale,
hopes, prom ises and achievements of the Act. A major
snag of the CBD and the re sultant Biological Diversity
Act is a shift in focus from the ecological and scientitle
value of biodiversity to its mere commercial value. It is
true that the bio diversity is invaluable from every point
of view. But the lion's share of it does not have any
direct commercial value and diversity per se does not
add value. Direct dependence of man on biodiver sity is
limited to economically important plants and animals.
Out of the 250,000 species of flowering plants, only
about 150 (0.06%) have been extensively culti vated
and introduced into commerce and a mere 20 species
supply over 90% of human diet. Just four species wheat,
rice, corn and potato account for over 60% of the
world's food supply'. The southern strategy of
nationaliza tion of biological resources in Rio in 1992
was aimed at countering uncon trolled corporate
patenting and control of genetic resources besides
equitable shar ing of commercial benefits arising out of
its use in the biotechnology, pharmaceu tical and seed
industries. Biotechnology has now matured into a
discipline of its own and much of the euphoria and ap
prehensions have given way to realism. Total
dependence of the biotechnology industry on the
genetic resources of the third world is not true. The
genes used for making insect-resistant crops are from
the bacterium Bacillus ihuringien sis which occurs
widely over the world, was originally described from
Thuringia in Germany. Similarly most of the genes used
for developing herbicide-resistant crops are also not
exclusively from the third world18. Natural products
research, despite being important in the discovery of
leads for the development of new drugs|l)'2", have been
de-emphasized by the pharmaceutical industry in favour
of a synthetic chemical approach due to both scientific
and commercial consid erations21. The role of
traditional know ledge in pharmaceutical discovery too
has been relatively small in recent decades21 and
income from biodiversity prospecting lor pharmaceutical
products could be modest '. Mistrust, misunder standing
and stringent regulations in the South is leading to
increased interest in bioprospecting in the North, mostly
based on microorganisms and marine forms rather than
plants"1. Most multina tional seed corporations
together deal with no more than nine species and are
self-sufficient with breeding material for most of these
commercial crops21'24. Need less to say, the Indian fear
of 'extensive pressure on our biological resources be
cause of" recent biotechnological develop ments' is
naive and baseless. The high hopes and promises of
equi table sharing of" benefits arising out of the
commercial use of" traditional know ledge associated
with biodiversity is turn ing out to be unrealistic21,24.
The much trumpeted TBGRI model25'26 from India,
hailed as the first ever example of benefit sharing with
an indigenous community has turned out to be a damp
squib2 2\ Costa Rica's National Biodiversity Insti tute
(INBio), started in 1989, is the pio neer organization
that developed the concept and practice of
bioprospecting and benefit sharing2'. INBio's commer
cial agreement with the pharmaceutical giant Merck, a
well-known practical example for benefit sharing, has
gener ated substantial direct payments24 and 27
patents but no product has reached the market and no
royalties have been paid to the providers of
biodiversity21'311. A five-year agreement between the
South African National Biodiversity Institute and the
Chicago based Ball Horticulture, which is the first North
South bio prospecting agreement in the horticulture
sector, led to the development of three commercial
varieties. However, the roy alties, despite being
substantial, did not surpass costs of the project"1. The
ex perience of the National Biodiversity Au thority of
India (NBA) is yet another stark example. The NBA,
whose main objective is equitable sharing of benefits,
even after several years of its establish ment, is neither
known to have delivered any benefit to the stakeholders
of bio diversity in the country nor have contri buted to
the conservation of biodiversity. The argument for
national sovereign rights over genetic resources has its
roots in sheer ignorance of the world's inter dependence
on genetic resources and the evolutionary history of
crop plants. Cul tivated plants originated in different
regions of the globe. The Russian bota nist N. I. Vavilov
has pointed out that certain areas of the world exhibit
high degree of diversity of wild relatives and
intraspecific variability. He regarded such centres of
high genetic diversity as centres of origin of crop plants.
Klop penberg and Kleinmann1" selected 20 food crops
and 20 industrial crops that lead global production and
estimated the magnitude of regional contributions and
debts of geopolitical regions to global plant genetic
estate. They proved that there is no such thing as
genetic inde pendence, instead nations of the world are
linked in a complex network of plant genetic
interdependence. No region can afford to isolate itself,
or to be isolated, from access to plant germplasm in
other regions of diversity, in spite of the varia tion in
regional relationships. The gen eral global rule is
extreme dependence on imported genetic materials.
Australia and North America, two principal bread
baskets of the world that contribute enormously
towards global food security, arc almost totally
dependent on exotic germplasm for food production.
The food production of India (Hindustanean Region of
Vavilov) depends on plant genetic ma terials derived
from other regions for 48.6% of its food production.
Indeed in the case of industrial crops, India's de
pendence on exotic plant genctic material is extremely
high (92.7%). In fact, this is an underestimation of
India's depend ence on exotic genetic material for food
production, as Kloppenberg and Klein mann considered
India as one of the megadiversity regions of rice and
hence not dependent on other regions for genetic
material of rice. But our rice breeding programmes are
heavily dependent on the exotic germplasm of japonica
rice varieties. The green revolution started with the
cultivation of dwarf japonica rice varieties which later
led to the development of a large series of rice varieties
derived by cross breeding high yielding short duration
dwarf exotic varieties with the poor yielding long
duration tall indigenous varieties. India derives 35.26%
of her food energy from rice '1 and 60% of rice '2
varieties released in India have exotic progenitors.
Hence, the dependence of the nation on exotic genetic
material for food production can be assumed to be up to
68%. It is clear that the idea of national genetic
independence is frivolous and its effects on agricultural
production in the country will be disastrous and chilling.
In fact, all revolutions green, white and blue - those
salvaged India from starva tion and hunger, and led us
to the safety of self-sufficiency and food security would
have been impossible without exotic biological material.
Indian farmers cultivate a large number of exotic crops
and even today continue to introduce and domesticate
foreign plants and animals for commercial utilization.
Reliance of agricultural production on temporal di
versity is increasing as crop varieties need to be
changed more frequently to mmaintain productivity
against the odds of biotic and abiotic stress. India's
depend ence on external genetic resources is bound to
increase drastically in future, especially in the wake of
climate change. Due to the great diversity of
agroclimatic regions, any plant or animal from any
where in the world can be introduced into India and
domesticated. We may have to introduce and cultivate
crops like teff {Poa abvssinica Juss. a staple food of east
Africa) to mitigate vagaries of nature in a changed
climate and further extend the cropped area to meet the
in creasing demand for food. Biological control of
invasive weeds and insect pests is another area where
introduction and utilization of exotic species becomes
inevitable. The necessity of exchange of genetic
resources and international coop eration are further
exemplified by the global efforts to contain crop
pandemics like the deadly Ug99 strain of wheat rust1',
to which the Indian Agricultural Research Institute is
also collaborating. National Agricultural Research Orga
nizations under the Indian Council of Agricultural
Research and the State Agricultural Universities procure
and maintain exotic species and varieties of commercial
importance as most of the plant and animal breeding
programmes are entirely dependent on exotic germ
plasm as regular genetic transfusion is inevitable to
maintain productivity and mitigate eventualities like
pest and dis ease epidemics. With the introduction of
the Biological Diversity Act, that curtails availability of
genetic material from India to the rest of the world, we
have sent an unsolicited invitation for 'equal and op
posite reaction' and shut ourselves down behind walls
that limit our own devel opment, besides completely
losing the moral authority to use exotic biological
materials without the formal permission and benefit
sharing with the respective countries of origin (imagine
a situation where farmers in Kerala pay royalty to Brazil
for every sheet of rubber or the farmers in Karnataka
paying Mexico for each litre of sunflower oil produced!).
The provisions of the CBD recognize that the sovereign
rights of nation states over their genetic resources,
thrust upon humanity at the naive insistence of India,
and other developing countries under mine the role of
sharing and distribution of genetic resources among
human socie ties in supporting food production
throughout the world. Nationalization of biodiversity to
counter corporate patent ing is akin to setting the home
on fire to kill the rat. Restrictions on access and sharing
of genetic resources across national boundaries will
retard crop im provement programmes. Loss of biodi
versity from the common heritage of mankind to the
bureaucratic ownership of nation states will have
adverse, unex pected impact on global food production.
Even small countries like Bhutan and Sri Lanka'4, with
extremely limited native diversity of crop plants, have
erected iron curtains around their 'national bio logical
wealth' to prevent 'biopiracy'. National legislations like
India's Bio logical Diversity Act and the equally
irrational Philippine executive order 247 (ref. 35)
effectively shut down national boundaries against free
access and shar ing of germplasm of crop plants. Paro
chial restrictive measures on genetic resources are
gradually becoming ubiqui tous all over the world.
Disputes over genetic resources, as in the case of bas
niati rice between India and Pakistan'6, could be yet
another source of conflict between nation states. India's
position on CBD in Rio de Janeiro in 1992 was based on
little scien tific input and has now turned out to be
counter-productive and self-defeating. As India (every
other country too) heavily depends on global
biodiversity for suste nance, we should ideally have
argued for open access and free exchange of genetic
resources in Rio de Janeiro. But the fatal lure for benefit
sharing blinkered us to overlook the precarious state of
food security in the country. It is high time we realize
that the commercial benefits that can be derived
through sharing of the biodiversity and the associated
tradi tional knowledge is insignificant and irrelevant
compared to vital issues such as food security and
sustenance. Benefit sharing, professed as a shortcut to
eco nomic development, can neither be a substitute for
innovation, invention or industrialization nor a
sustainable source of supplementary income for the
rural communities. Without adequate infra structure
and higher levels of scientific collaboration, it would
only relegate the local communities to the status of 'fod
der collectors' for the industry. The developing
countries arc left with only limited choices. Either, they
have to live with the proprietary seeds of MNCs, or
denounce plant breeder's rights and pat enting of crop
varieties. The former option with active support for a
decen tralized native seed industry and public research
appears to be the only pragmatic and viable alternative
in the current neo liberal scenario. Legal follies like the
Biological Diversity Act will boomerang the Third World
countries, some of which have already suffered bouts of
food riots37, and drive them to the brink. India is bound
to be one of the first vic tims of nationalization of
biodiversity, unleashed by ourselves and other deve
loping countries. The historic treatment of biological
resources as a common heritage has enormously
benefited human societies across the globe. It has been
shown that as a result of germplasm exchanges through
the network of the Consultative Group on International
Agri cultural Research (CGIAR), countries have gained
much more than their indi vidual contribution through
access to a wide variety of invaluable material from all
over the world '2. Spread of cash crops across
boundaries must have created trade rivalries among
nations, but the re duction in profit to any country is
well compensated by introduction and domes tication of
many other crops from the global plant genetic estate.
Attempts to implement a system of royalties for use of
germplasm of each crop plant through multinational
agreements as suggested by Pachico™ would only
heighten the mis trust among nations and lead to chaos.
Despite being associated with geopoliti cal entities
historically, genetic resources should be treated as a
common heritage in the best interest of humanity'''. The
In ternational Treaty on Plant Genetic Re sources for
Food and Agriculture (3 November 2001; ret'. 40),
adopted after seven years of negotiations at the FAO,
marks a long-step forward in this direc tion. Many of the
core issues remain un resolved, yet the treaty facilitates
access and sharing of germplasm of important food and
fodder crops, and underscores the societal need to
leave biological re sources in the public domain. As
pointed out earlier, unlike oil, coal or timber genetic
resources are truly renewable and use in a given system
does not affect their availability elsewhere. Man carried
his pets, livestock and crops all through his voyages,
migrations and invasions to facilitate his existence in
every niche that he carved out for himself. As human bio
logy is no way determined by the politi cal boundaries of
nation states, tags of nationality cannot be attached to
his OPINION plants or animals or the genetic diversity
that he has been conserving over genera tions. They are
bound to be distributed across political boundaries just
as ideas in politics, literature or science. Hence, we
suggest that India should take the lead in the
Conference of Parties (CoP) of the CBD to correct the
historic aberra tion of nationalization and consequent
parochial restrictions on open access and free exchange
of the life supporting heri tage of mankind. The
Biological Diver sity Act, hailed as 'an act for the new
millennium'4', should be amended before it takes its toll
on the nation, to concen trate on scientific conservation
of biodi versity and traditional knowledge associated
with it.
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SUBMITTED BY: PRATHAM KARDAM
(2K21/CE/105)