The Biological Diversity Act of 2002 was enacted in India to regulate access to genetic resources and sharing of benefits from their use, as well as for conservation of biological diversity. Key aspects include prohibiting transfer of Indian genetic material abroad without approval, regulating commercial use of biological resources, and benefit sharing measures. The National Biodiversity Authority oversees implementation of the Act and State Biodiversity Boards advise state governments on biodiversity conservation. Cases highlight issues around biopiracy and ensure compliance with the Act.

1. BIODIVERSITY LAWS IN
INDIA
A Presentation by
Marvo and Surendra

2. BIOLOGICAL DIVERSITY
ACT, 2002

3. INTRODUCTION
To regulate access to genetic resources and
associated sharing arrangements, apart from
developing policies and programmes on long
term conservation and protection of biological
resources and associated knowledge,
the Biological Diversity Act, 2002 was enacted.
The National Biodiversity Authority (NBA) set up
at Chennai on 1st October 2003 as per the
provisions of the Biological Diversity Act, 2002
is mandated to facilitate implementation of the
Act.

4. DEFINITIONS
1. Biological diversity means the variability among
living organisms from all sources and the ecological
complexes of which they are part, and includes
diversity within species or between species and of
eco-systems;
2. Biological resources means plants, animals and
micro-organisms or parts thereof, their genetic
material and by-products (excluding value added
products) with actual or potential use or value, but
does not include human genetic material;
3. Value added products means products which may
contain portions or extracts of plants and animals in
unrecognizable and physically inseparable form.

5. DEFINITIONS
4. Commercial utilization means end uses of biological
resources for commercial utilization such as drugs,
industrial enzymes, food flavours, fragrance, cosmetics,
emulsifiers, oleoresins, colours, extracts and genes used
for improving crops and livestock through genetic
intervention, but does not include conventional breeding
or traditional practices in use in any agriculture,
horticulture, poultry, dairy farming, animal husbandry or
bee keeping;
5. Sustainable use means the use of components of
biological diversity in such manner and at such rate that
does not lead to the long-term decline of the biological
diversity thereby maintaining its potential to meet the

6. OBJECTIVES OF THE ACT
1. To conserve the Biological Diversity.
2. Sustainable use of the components of
biodiversity.
3. Fair and equitable sharing of benefits arising
out of the use of the B.D.

7. PROVISIONS OF THE ACT
1. Prohibition on transfer of Indian genetic
material outside the country without specific
approval of the Indian Government.
2. Prohibition of anyone claiming an (IPR) such
as a patent over biodiversity or related
knowledge without permission of Indian
Government.
3. Regulation of collection and use of
biodiversity by Indian national while exempting
local communities from such restrictions.

8. PROVISIONS OF THE ACT
4. Measures from sharing of benefits from use of
biodiversity including transfer of technology, monitory
returns, joint research and development, joint IPR
ownership etc.
5. Measuring to conserve sustainable use of biological
resources including habitat and species protection
(EIP) of projects, integration of biodiversity into the
plans and policies of various Departments and Sectors.
6. Provisions for local communities to have a say in
the use of their resources and knowledge and to
charge fees for this.

9. 7. Protection of indigenous or tradition laws such as
registration of such knowledge.
8. Regulation of the use of the genetically modified
organisms.
9. Setting up of National, state and local Biodiversity
funds to be used to support conservation and benefit
sharing.
10. Setting up of Biodiversity Management committees
(BMC) at local village levels. State Biodiversity Boards
at state level and National Biodiversity Authority
PROVISIONS OF THE ACT

10. BIODIVERSITY PARKS: AN INNOVATIVE
APPROACH FOR CONSERVATION OF
NATURAL HERITAGE AND
ENHANCEMENT OF QUALITY OF URBAN
ENVIRONMENTBiodiversity Parks are unique landscapes of wilderness where
ecological assemblages of native species in the form of biological
communities are recreated and maintained over few hundred hectares
of degraded or marginal lands.
first time implementation by Delhi Development Authority (DDA) – a
land-owning and city building local government agency in
collaboration with the Centre for Environmental Management of
Degraded Ecosystems of the University of Delhi.
The DDA has notified six Biodiversity Parks: (i) Yamuna, (ii) Aravalli,
(iii) Neela Hauz, (iv) Kamla Nehru Ridge, (v) Tilpath Valley, and (vi)
Yamuna river front.

11. THE BIODIVERSITY PARK HAS MANY
FUNCTIONS, SOME OF WHICH ARE:
The Biodiversity Park has many functions, some of which are:
i. Serve as nature reserve for the conservation of natural heritage of the city,
ii. Enhances the quality of urban environment,
iii. Serve as hub for education, cultural and conservation activities,
iv. Connect biodiversity to the city and people,
v. Promote ecotourism, vi. Create livelihoods for local Communities,
vii. Serve as living lab for understanding the ecosystem processes and functions,
viii. Buffer the local weather and serve as sink for CO2 and urban pollutants,
ix. Serve as a adaptation to climate change.
x. Preserve the rare endemic and threatened plant and animal species of the
area.

12. BIOPIRACY CASE
1. In March 2011 there was news in the local media that the Andhra
Pradesh (AP) government was planning to take legal action against
Brazil for using the germplasm (semen) of the Ongole bull (named
after Ongole Taluka in AP) to develop the breed there in violation of
international agreements and the BD Act.
At its 20th meeting on 20 June 2011 the NBA decided to proceed
legally against the violaters in the case of export of embryos of Gir
breed of cattle and Ongole breed bull and its semen to Brazil.
In 2012, the AP SBB had filed cases on this issue under other
legislation, such as the Cruelty to Animals (Prevention) Act and Illegal
Transportation of Animals (Prevention) Act. But there is no additional
publicly available information on the follow-up to NBA decision in a
court of law.
2. Then in May 2013 the NBA decided to file cases on certain non-
ethical biodiversity practices. These include patenting of virus-
resistant melon variety by the US MNC Monsanto.

13. . CZECH SCIENTISTS CASE (C.R.CASE
48 OF 2008 BEFORE THE DARJEELING
CHIEF JUDICIAL MAGISTRATE)
In July 2008, two Czech nationals were arrested in India for illegally
collecting rare insects in Singhalila National Park, West Bengal. As
foreign nationals they could not have done this without requisite
approval from the NBA. West Bengal Forest Department (FD) invoked
Sections 27 and 29 of the Wild Life Protection (WLP) Act, 1972 (illegal
entry into the PA) to charge the two scientists. They had not taken
permissions from the Chief Wildlife Warden to enter into a national
park and collect butterflies, moths and other insects. Subsequently,
additional grounds related to violation of Section 3 of BD Act (i.e. lack
of permission from NBA), were added as they were in possession of
over 1500 species of butterflies including endangered species.
While one was fined Rs.20,000/-, the other was sentenced to 3 years
of imprisonment and fined Rs.60,000/-

14. ARUNA RODRIGUES & OTHERS
VERSUS UNION OF INDIA & OTHERS
The matter of one particular GM crop brings into sharp focus the different
legal dimensions that arise when bioresources and people’s knowledge are
used in the very making of LMOs from modern biotechnology. The LMO
being made was the transgenic Bt brinjal in a collaborative research project
by a seed company and the public sector in India.
SC asked how the Maharashtra Hybrid Seed Company Limited (MHSCL) had
acquired Indian biological material (Solanum melongena) i.e. traditional
varieties of Indian Brinjal for developing its GM Bt brinjal.
MHSCL had signed a material transfer agreement (MTA) with the Tamil Nadu
Agriculture University (TNAU) on 20 March 2005, through which TNAU &
(UAS) in Karnataka transferred brinjal germplasm of 4 & 6 local brinjal
varieties to MHSCL. Situations like these where Indian bioresources are
transferred to a company with foreign stakes, expressly require the approval
of the NBA (ref. Section 3 of the BD Act). The US MNC Monsanto has 26%
shares in MHSCL, which as per the BD Act makes the latter a company with
non-Indian participation in its share capital.

15. FUNCTIONS OF STATE
BIODIVERSITY BOARD
The functions of the State Biodiversity Board shall be to-
Advice the State Government, subject to any guidelines issued by the
Central Government, on matters relating to the conservation of
biodiversity, sustainable use of its components and equitable sharing
of the benefits arising out of the utilisation f biological resources;
regulate by granting of approvals or otherwise requests for
commercial utilisation or bio-survey and bio-utilisation of any
biological resource by Indians;
perform such other functions as may be necessary to carry out the
provisions of this Act or as may be prescribed by the State
Government.

16. FUNCTIONS AND POWERS OF THE
NATIONAL BIODIVERSITY AUTHORITY
It shall be the duty of the National Biodiversity Authority to regulate
activities referred to in sections 3, 4 and 6 and by regulations issue
guidelines for access to biological resources and for fair and
equitable benefit sharing.
The National Biodiversity Authority may, on behalf of the Central
Government, take any measures necessary to oppose the grant of
intellectual property rights in any country outside India on any
biological resource obtained from India or knowledge associated with
such biological resource which is derived from India.
advise the Central Government on matters relating to the
conservation of biodiversity, sustainable use of its components and
equitable sharing of benefits arising out of the utilization of
biological resources.