Our rights in national laws and policies
A.
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 BMC. Under Rule 22 (6) of the Biological Diversity Rules of 2004 the
main function of the BMC is to prepare a Peoples Biodiversity Register in consultation
with the local people which shall contain comprehensive information on availability and
knowledge of local biological resources and their associated TK. The Biological
Diversity Act under Sec 21 envisages that the NBA will base its approval regarding any
application for access to biological resources or associated TK on the whether a mutually
agreed terms and fair and equitable benefit sharing has been negotiated with the local
community that provides such resource or associated TK (benefit claimers according to
Sec 2 (a) of the Biological Diversity Act). The local community or benefit claimers in
question will be identified according to the Peoples Biodiversity Register under the
territorial jurisdiction of the local BMC.
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