The Biological Diversity Act (2002)
and
Biological Diversity Rules (2004)
Balakrishna Pisupati
National Biodiversity Authority
Government of India
The Diversity
India, a megadiverse country with only
2.4% of the land area, and 4% of water
accounts for about 8% of the recorded
species of the world.
In India 45,968 species of plants and 91,364
species of animals have been documented so
far.
The Diversity
Indias ten biogeographic
zones possess an
exemplary diversity of
ecological habitats like
alpine forests
grasslands
wetlands
coastal and marine
ecosystems
desert ecosystems
Biodiversity of India
Four out of 34 global biodiversity hotspots, which is an
indicator of high degree of endemism of species in
India.
About 5150 plant and 1837 animal species are endemic.
India is one of the eight primary centres of origin of
cultivated plants and also a centre of crop diversity
with about 375 wild relatives in rice, pulses, millets etc.
It has 16 major types and 251 subtypes of forests.
6 August 2011
Network of scientific institutions dealing with Biodiversity.
The important institutions/organisations include:-
Botanical Survey of India
Zoological Survey of India
Wildlife Institute of India
Fishery Survey of India
Forest Survey of India
Indian Council of Forestry Research and Education (ICFRE)
Indian Council of Agricultural Research (ICAR)
Council of Scientific and Industrial Research
Department of Biotechnology
Department of Science and Technology
Defence Research and Development Organization
6 August 2011
Conservation of Biodiversity
Environment protection is enshrined in the
Constitution of India [Article 48A and Article 51A (g)].
Forest (Conservation) Act,
Wildlife (Protection) Act,
Biological Diversity Act,
National Green Tribunal Act,
National Biodiversity Action Plan,
National Forest Policy,
National Wildlife Action Plan,
National Forestry Action Programme,
National Environment Policy and National Action Plan on
Climate Change
The Scheduled Tribes & other Traditional Forest dwellers
(Recognition of Forest Rights) Act, 2006.
The Act and the Rules
The Biological Diversity Act
2002 (BDA) on the lines of CBD,
provides for - conservation of biological
diversity,
- sustainable use of its
components and
- fair and equitable sharing of
benefits arising out of the
use of biological
resources.
In order to implement the
provisions of the BD Act
National Biodiversity Authority
was established on October 2003
at Chennai.
Implementation of BD Act
National
Level
National Biodiversity Authority
State
Level
State Biodiversity Board
26 State Boards
Local
Level
Biodiversity Management
Committee
36,000 BMCs
6 August 2011
The National Biodiversity Authority
Autonomous, Statutory Body
Performs regulatory, facilitational and advisory
functions
Has the powers of a Civil Court
Mandate to deal with issues across the country
and across Ministries and Departments of
Government of India
Has powers to direct Government agencies for
action
Key Issues
Peoples Biodiversity Registers 1121
Biodiversity Heritage Sites
Agrobiodiversity
Traditional Knowledge related issues
Access and Benefit Sharing
The Status of ABS
662 Applications received; 94 ABS agreements
signed; 316 IPR applications under final stages of
approval
104 applications seeking access permission
35 applications for permission to transfer
research results
470 requesting permission for IPR protection
53 for seeking permission for third party
transfer
Nagoya Protocol and the Act
The Act and Rules as they stand fulfill the
requirements Article 6.3 of the Protocol since they
establish clear procedure for securing PIC.
The rules are fair and non-arbitrary since the
distinction between Indian and foreign companies
and researchers is justified by a clear reasoning to
stimulate domestic industry and encourage research.
However, further legal review is underway on this
issue (Section 3 of the Act)
Focal Points and Compliance
Clearly the requirements of Article 13 in terms of
focal points and competent authorities have also
been met.
Discussions are underway to make the permit
issued by the NBA covers the minimum
requirements of Article 17.4 since this permit will
be used as an International Certificate of
Compliance (Article 17.2)
Community Engagement and
Access
It is suggested to also read into Section 41.1 which requires
local bodies to constitute BMCs the requirement of Article
12.1 and 12.3 of the Protocol to develop community
protocols.
Article 6
Sections 3 of the Act read with Rule 14 of the Rules
provides the necessary substantive and procedural laws
regarding obtaining the PIC of India before accessing
biological resources. Section 21 and Rules 14(6) provide
the necessary procedure to establish MATs with the
applicant. Thus, India is in compliance with regard to this
obligation.
Non-Commercial Research and
Checkpoints
As far as simplified procedures for non-commercial
research as per Article 8 of the Protocol, it can be
read into Section 5 of the Act.
The NBA itself can act as the Checkpoint as it will, by
operation of law, have all the information as required
under Art.17 of the Protocol. However, Sec.16 allows
the NBA to delegate any of its powers and the NBA
can set up the mechanism for checkpoints in any
manner it finds appropriate.
User Country Measures
Section 18 (3) of the Act provides for some way
forward to deal with user country measures
provisions. Discussions are on to strengthen this
so that the Act deals with both provider and user
country measures.
Benefit Sharing
Section 21.2, 21.3 and 21.4 of the Act deals with
creatively developing ways in which benefits
reach benefit claimers or the BMCs.
Specific guidelines are currently under
development.
Internationally Recognised
Certificate
The Approval Orders issued by NBA under Section
19 and 20 can contain the elements of
internationally recognised certificates.
Rule 14 directs the NBA to include all the terms
and conditions in the approval along with a list of
thirteen details that the approval must contain
To sum up......
The ratification process is currently underway and
together with the Ministry, National Biodiversity
Authority is leading the process.
NBA also recognises the need to review and come
up with additional administrative and other
provisions to ensure full compliance to the NP
