We face certain challenges
People have been harvesting in the communal and forest areas in an unsustainable
manner, out of keeping with our values. They have caused much damage to the medicinal
plants in the areas and our relationship with the Forest Department officials has also
suffered. But the Department’s blanket ban has had the effect of also excluding us from
the forests and is limiting our capacity to treat our community members. Yet we only
collect small amounts of plant and do so sustainably. We are currently restricted to
collecting our medicinal plants primarily from revenue land (farm land). We would like
to have access rights to the forests to sustainably collect medicinal plants the purposes of
healing. We are also willing to comply with the conditions set by the Forest Department
to ensure conservation of the forests.
Also, much of our healing has to do with the whole body and according to the maxim
“food is medicine” we stress then need to eat healthy food. Rice production has taken
over from the production of traditional foods that used to keep us healthier.
Our rights under Indian laws and policies
The Biological Diversity Act of 2002 and the Biological Diversity Rules of 2004: The
Biological Diversity Act of 2002 in its efforts to fulfill India's commitments under the
Convention on Biological Diversity provides for the conservation of biological diversity,
sustainable use of its components and the fair and equitable sharing of benefits arising
from the use of such biological diversity and associated traditional knowledge (TK). The
Biological Diversity Act sets up the National Biodiversity Authority (NBA) and the
Biological Diversity Rules of 2004 lists the functions of the NBA as including regulating
access to biological resources and associated TK for commercial and research purposes.
The NBA is also empowered to advise the Central Government on any matter relating to
the conservation and sustainable use of biodiversity and associated TK and the fair and
equitable sharing of benefits arising from the utilization of biological resources and
associated TK. The Biological Diversity Act among other things requires the Central
Government under Section 36 to promote the conservation and sustainable use of
biological diversity through in situ conservation and minimize the adverse effects on
biological diversity of any project undertaken through environmental impact assessments
that includes public participation. The Central Government is tasked with ensuring
respect and protection of associated TK of local communities in accordance with the
recommendations of the NBA including registration of TK and other sui generis methods
for its protection. Under Sec 38 the Central Government is also required to preserve and
protect those species that are on the verge of extinction.
In order to ensure the effective fulfillment of the role of the NBA at a local level, local
bodies such as the Panchayats or Municipalities are required under Sec 41 to set up
Biodiversity Management Committees (BMCs) to promote conservation and sustainable
use and documentation of biological diversity and associated TK. The NBA and the State
Biodiversity Boards would consult with the BMCs while taking any decision relating to
the use of biological resources and associated TK within the territorial jurisdiction of the