India Bio Diversity

BIODIVERSITY AN OVERVIEW

Biodiversity encompasses the variety of all life on earth. India is one of the 12-mega diverse countries of the world. With only 2.5% of the land area, India already accounts for 7.8% of the global recorded species. India is also rich in traditional and indigenous knowledge, both coded and informal.

India is a Party to the Convention on Biological Diversity (1992).Recognizing the sovereign rights of States to use their own biological resources, the Convention expects the parties to facilitate access to genetic resources by other Parties subject to national legislation and on mutually agreed upon terms (Article 3 and 15 of CBD). Article 8(j) of the Convention on Biological Diversity recognizes contributions of local and indigenous communities to the conservation and sustainable utilization of biological resources through traditional knowledge, practices and innovations and provides for equitable sharing of benefits with such people arising from the utilization of their knowledge, practices and innovations.

Biodiversity is a multi-disciplinary subject involving diverse activities and actions. The stakeholders in biological diversity include the Central Government, State Governments, institutions of local self-governmental organizations, industry, etc. One of the major challenges before India lies in adopting an instrument ,which helps realise the objectives of equitable sharing of benefits enshrined in the Convention on Biological Diversity.

 After an extensive and intensive consultation process involving the stakeholders, the Central Government has brought Biological Diversity Act,2002 with the following salient features:-

The International Day for Biological Diversity (or World Biodiversity Day) is an UN-sanctioned international holiday for the promotion of biodiversity issues. It is currently held on May 22.

Recently, the Millennium Ecosystem Assessment (MA), indicated that climate change is likely to become the dominant direct driver of biodiversity loss by the end of the century. Current climate change estimates predict increases in temperatures of 1.4°C to 5.8°C by 2100. This will affect species in several ways such as: changes in distribution; increased extinction rates; changes in reproduction timings; and changes in length of growing seasons for plants

From its creation by the Second Committee of the UN General Assembly in 1993 until 2000, it was held on December 29 to celebrate the day the Convention on Biological Diversity went into effect. In December 2000, the date was shifted to commemorate the adoption of the Convention on May 22, 1992 at the Rio Earth Summit, and partly to avoid the many other holidays that occur in late December.

The rich variety of life on Earth has always had to deal with a changing climate. However, the unprecedented pace of change we are presently experiencing is so rapid that a great number of species can not adapt fast enough to the new conditions, or move to regions more suited for their survival due to habitat fragmentation. In fact, recent estimates show that up to a million species may become extinct as a result of climate change.

On the positive side, biodiversity can help to reduce the effects of climate change on the world’s population and ecosystems. Indeed, the links between biodiversity and climate change run both ways: biodiversity is threatened by climate change, but biodiversity resources can reduce the impacts of climate change. It is therefore crucial to conserve biodiversity that is especially sensitive to climate change, preserve habitats so as to facilitate the long-term adaptation of biodiversity, improve our understanding of climate change and biodiversity linkages, and fully integrate biodiversity considerations into mitigation and adaptation improved. This constitutes plans. If the threats of biodiversity loss and climate change are tackled together, the prospects for adapting successfully to the challenges of the coming decades will be very much the overall message for this year’s celebration of the International Day for Biological Diversity.

The National Biodiversity Authority established in 2003 by the Government of India to regulate, conserve and sustainable use of bioresources of India through the Biological Diversity Act, 2002 lists what has been done throughout the years to celebrate the International Day for Biological Diversity and informs CBD. Hence you are requested to kindly inform National Biodiversity Authority on the activities made during the World Biodiversity Day to the Secretary, NBA (nba_india@vsnl.net)

BIOLOGICAL DIVERSITY ACT 2002 AND ESTABLISHMENT OF NATIONAL BIODIVERSITY AUTHORITY ,CHENNAI

ndia is party to the Convention on Biological Diversity (CBD) 1992 which recognizes the sovereign rights of states to use their own Biological Resources. In order to help in realizing the objectives of CBD, India has enacted an umbrella legislation called the biological Diversity Act 2002(No.18 of 2003) aimed at conservation of biological resources and associated knowledge as well as facilitating access to them in a sustainable manner and through a just process.
 
In exercise of the powers conferred by Sub-Section (1) (4) of Section 8 of the Biological Diversity Act, 2002 (18 of 2003), the Central Government has established a body called the National Biodiversity Authority,  on and from the 1st day of October, 2003.  The main functions of the Authority are :

 a) To lay down procedures and guidelines to govern the activities provided under   Section 3, 4, and 6. (Permission to foreigners/NRI’s foreign companies)

i)For obtaining any biological resource (Section -3).
ii)For transferring the results of any research (Section -4).
iii)Certain collaborative research projects exempted (Section 5).

b) To advice the Government of India. Specific areas mentioned as per the Act are the following:

i)Notifications of threatened species (Section -38).
ii)Designate institutions as repositories for different categories of biological resources (Section -39).
iii)Exempt certain biological resources, normally traded as commodities (Section -40)

c) To encourage setting up State Biodiversity Boards

d) To build up database and documentation system

e) To creat awareness through mass media

i. Training of personnel
ii. Necessary measures in the areas of Intellectual Propriety Rights.

For details on the Biological Diversity  Act 2002  and the Rules and various notifications ,formats etc prescribed under the Act , please browse( www.nbaindia.org) 

SALIENT PROVISIONS OF BIOLOGICAL DIVERSITY ACT, 2002

• Section - 3: All foreign national require approval from NBA for obtaining Biological Resources.
• Section - 4: Indian individuals/entities to seek approval before transferring
  knowledge / research and material to foreigners.
• Section - 5: Guidelines for Government sponsored collaborative research projects.
• Section - 6: Prior approval of NBA before applying for any kind of IPR based on research conducted on biological material and or associated knowledge obtained from India.
• Section - 7: Indians required to provide prior intimation to State Biodiversity Boards for obtaining biological material for commercial purposes. SBB can regulate such access.
• Growers and cultivators of Biological Diversity and vaids and hakims who are practicing Indian system of medicines and local people exempted.
• Section - 8: Establishment of NBA, its composition.
• Section - 13: Committees of NBA
• Section - 18: Functions and powers of NBA
• Section - 19: Approval by the NBA
• Section - 21: Determination of equitable benefit sharing by NBA
• Section - 22: Establishment of State Bio-diversity Boards
• Section - 23: Function of the State Bio-diversity Boards
• Section - 24: Powers of State Bio-diversity Boards
• Section - 26 : National Biodiversity Fund
• Section -  32: State Bio-diversity Fund
• Section - 36: Central Government to develop National strategies, plans etc. for conservation of biodiversity.
• Section - 36: (1A): Central Government to issue direction to State Governments to take corrective measures for conservation of biodiversity
• Section - 36 (3)(i): Impact assessment of developmental projects on biodiversity
• Section - 36 (3)(ii): Regulate release of GMOs
• Section - 36 (4): Measures for protecting the traditional knowledge
• Section - 37: Biodiversity heritage sites
• Section - 38: Notifications of threatened species
• Section - 39: Designation of repositories
• Section - 40: Exemption for normally traded commodities from purview of the act.
• Section - 41: Establishment of Biodiversity Management Committees by local bodies.
• Section - 42: Local Biodiversity Fund
• Section - 52 A: Appeals to High Court on the decision of NBA / SBB
• Section - 53 B: Orders of NBA / SBB at par with civil courts.
• Section - 55: Penalties - imprisonment upto 5 years and or afine of 10 lakhs or to the extent of damage caused.
• Section - 59: Act to have effect in addition to other Acts
• Section - 61: Cognizance of offences
• Section - 62: Power of Central Government to make Rules
• Section - 63: Power of State Government to make Rules
• Section - 64:  Power to make regulations
• Section - 65:  Power to remove difficulties