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 Section 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 Section 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 Section 21 envisages
that the NBA will base its approval regarding any application for access to biological
resources or associated TK on whether mutually agreed terms and fair and equitable
benefit sharing has been negotiated with the local community providing such resources or
associated TK (benefit claimers according to Section 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.
The Biological Diversity Act and Rules therefore provide us certain rights: These
include:
• The right to consultation and public participation prior to any project that may
affect our livelihoods, biodiversity and associated TK;
• The right to conservation and sustainable use of our biodiversity;
• The right to give prior informed consent and negotiate mutually agreed terms when
any biodiversity or associated TK is accessed and to share fairly and equitably in any
benefits arising from the utilization of our biodiversity and associated TK;
• The right to a Peoples’ Biodiversity Register that will document our biological
diversity and associated TK;
• The right to a BMC to advise the NBA on how our biological resources and
associated TK can be conserved and sustainably used; and
• The right to carry on our traditional lifestyles which involves continued access to
the forests in order to conserve the biological diversity and associated TK.
The Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest
Rights) Act, 2006: The preamble of the Forest Rights Act in accordance with Article 8(j) of
the Convention on Biological Diversity recognizes that the forest dwelling scheduled tribes
and other traditional forest dwellers are integral to the survival of the forest ecosystem.
The Forest Act seeks to address the long term insecurity of land tenure and of these
communities and therefore recognizes the rights of forest dwelling tribes and other