it will give a detailed knowledge of biodiversity act 2002

1. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
B.A LL.B
(Seventh Semester)
LAW AND TECHNOLOGY
Biodiversity Protection
By: Ms. Lavanya Bhagra
Assistant Professor
(Law)

2. Biodiversity
Act, 2002

3. What is Biodiversity?
• Biodiversity is the variety and differences
among living organisms from all sources,
including terrestrial, marine, and other aquatic
ecosystems and the ecological complexes of
which they are a part. This includes genetic
diversity within and between species and of
ecosystems. Thus, in essence, biodiversity
represents all life.

6. Few Important facts about India
• India is one of the mega biodiversity centres in the world and has
two of the world's 18 ‘biodiversity hotspots’ located in the
Western Ghats and in the Eastern Himalayas.
• According to an MoEF Report (1996), the country is estimated to
have over 45,000 plant species and 81,000 animal species
representing 7% of the world’s flora and 6.5% of its fauna. The 1999
figures are 49,219 plant species representing 12.5% and 81,251
animal species representing 6.6%.
• The sacred groves of India are some of the areas in the country
where the richness of biodiversity has been well preserved.
• The Thar desert and the Himalayas are two regions rich in
biodiversity in India.
• There are 89 national parks and 504 wildlife sanctuaries in the
country. The Chilika Lake being one of them. This lake is also an
important wetland area.

8. Provisions of the Biodiversity Act,
2002

9. Objectives
• The Biological Diversity Act 2002 is a law
meant to achieve three main objectives: ƒ
1. the conservation of biodiversity; ƒ
2. the sustainable use of biological resources; ƒ
3. equity in sharing benefits from such use of
resources.

10. Salient Provisions of the Act
1. Prohibition on transfer of Indian genetic material outside the
country, without specific approval of the Indian Government;
2. Prohibition on anyone claiming an Intellectual Property Right
(IPR), such as a patent, over biodiversity or related knowledge,
without permission of the Indian Government;
3. Regulation of collection and use of biodiversity by Indian
nationals, while exempting local communities from such
restrictions;
4. Measures for sharing of benefits from the use of biodiversity,
including transfer of technology, monetary returns, joint Research
& Development, joint IPR ownership, etc.;
5. Measures to conserve and sustainably use biological resources,
including habitat and species protection, environmental impact
assessments (EIAs) of projects, integration of biodiversity into the
plans, programmes, and policies of various departments/sectors;

11. 6. Provisions for local communities to have a say in the use of
their resources and knowledge, and to charge fees for this;
7. Protection of indigenous or traditional knowledge, through
appropriate laws or other measures such as registration of such
knowledge;
8. Regulation of the use of 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 level, State Biodiversity Boards (SBB)
at state level, and a National Biodiversity Authority (NBA).

13. Definitions- Section 2
• Section 2 (b) “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;
• Section 2 (c) “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;
• Section 2 (g) “fair and equitable sharing” means sharing of benefits
as determined by the National Biodiversity Authority under section
21;

14. CHAPTER II
Regulation of Access to Biological Diversity
Section 3
• (1) No person referred to in sub-section (2) shall, without previous approval
of the National Biodiversity Authority, obtain any biological resource
occurring in India or knowledge associated thereto for research or for
commercial utilization or for bio-survey and bio-utilisation.
• (2) The persons who shall be required to take the approval of the National
Biodiversity Authority under sub-section (1) are the following, namely :-
(a) a person who is not a citizen of India;
• (b) a citizen of India; who is a non-resident as defined in clause (30) of
section 243 of 1961of the Income-tax Act, 1961;
• (c) a body corporate, association or organization – (i) not incorporated
or registered in India; or (ii) incorporated or registered in India under any
law for the time being in force which has any non-Indian participation in
its share capital or management.

15. • Section 4-
Result of research not to be transferred to certain
persons without the prior approval of National
Biodiversity Authority.
• Section 5-
Section 3 and Section 4 not applicable to
collaborative research.
• Section 6-
Application for Intellectual Property not to be made
without approval of the National Biodiversity
Authority.

16. Section 7- Prior Intimation to State
Biodiversity Authority for obtaining resources
for certain purposes:
• No person, who is a citizen of India or a body corporate,
association or organization which is registered in India,
shall obtain any biological resource for commercial
utilization, or bio-survey and bio-utilisation for commercial
utilization except after giving prior intimation to the State
Biodiversity Board concerned:
Exemptions:
• Provided that the provisions of this section shall not apply
to the local people and communities of the area, including
growers and cultivators of biodiversity, and vaids and
hakims, who have been practising indigenous medic

18. CHAPTER III
National Biodiversity Authority

22. CHAPTER IV
Functions and Powers of The National
Biodiversity Authority
• Section 18
• It shall be the duty of the National Biodiversity Authority to
regulate activities referred to in section 3, 4 and 6 and by
regulations issue guidelines for access to biological resources
and for fair and equitable benefit sharing and may grant
approval for undertaking any activity referred to in section 3, 4
and 6.

23. • The National Biodiversity Authority may – Advise the Central Government
and State Government on matters relating to the objectives of the Act.
• 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.
• Further the powers of NBA have been dealt in great detail under Rule 12
which mentions about 20 powers of the authority including:
1. Take necessary measures including appointment of legal experts,
2. Sanction grants-in-aid and grants to the State Bio-diversity Board,
3. Prepare the annual Budget of the Authority.
4. collect, compile and publish technical and statistical data, manuals, codes
or guides relating to conservation of bio-diversity, etc.

24. CHAPTER VI
State Biodiversity Board
• Section 22
• The State Government may, by notification in the Official Gazette,
no State Biodiversity Board shall be constituted for a Union territory
and in relation to a Union territory, the National Biodiversity
Authority shall exercise the powers and perform the functions of a
State Biodiversity Board for that Union territory
• The Board shall be a body corporate by the name aforesaid, having
perpetual succession and a common seal, with power to acquire,
hold and dispose of property, both movable and immovable, and to
contract, and shall by the said name sue and be sued.

25. Chairperson
who shall be an eminent person having
adequate knowledge.
Ex Officio
not more than five ex officio
members to be appointed by
the State Government.
Experts
not more than five members
to be appointed from among
the experts in matters relating
to the act.
The Board shall consist of the
following members:

27. Section 23-The functions of the
State Biodiversity Board shall be
to-
• Advise the State Government, subject to any
guidelines issued by the Central Government,
• Regulate by granting of approvals or otherwise
requests for commercial utilization 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.

28. CHAPTER X
Biodiversity Management Committees
• Section 41
• Every local body shall constitute a Biodiversity Management
Committee within its area for the purpose of promoting
conservation, sustainable use and documentation of biological
diversity.
• The National Biodiversity Authority and the State Biodiversity
Boards shall consult the Biodiversity Management
Committees while taking any decision relating to the use of
biological resources and knowledge associated with such
resources occurring within the territorial jurisdiction of the
Biodiversity Management Committee.

30. Contravention of
provisions mentioned
under section 3. 4 and 6.
Contravention of orders under
section 7 and 24(2)
Made by the NBA, SBA
or BMC

34. Beej Bachao Andolan
• The ‘Beej Bachao Andolan’ [Save the Seed Movement or
BBA] is not only a crusade to conserve traditional seeds but
also to promote agriculture and local tradition.
• A farmer and social activist, Vijay Jardhari realized that
modern agriculture was destroying traditional farming. Crop
yields of the high-yielding varieties in the modern agriculture
were actually low; soil fertility was declining leading to an
increasing dependence on toxic chemicals. Along with other
activities of chipco movement, Jardhari formed the BBA to
promote traditional agriculture and crop varieties.

35. • In the valley of Ramasirain, Uttarkashi district, Farmers were growing a
distinctive variety of red rice called chardhan. The rice was nutritious and
suited to local requirements and conditions. Farmers also grew indigenous
varieties like thapchini, jhumkiya, rikhwa and lal basmati. Agriculture
here was untouched by modern practices and good yields were obtained
without the use of chemical fertilizers and pesticides. What the farmers here
were doing was avoiding monoculture in a method called baranaja [12
grains] that involves the multicropping of a no. Of cereals and legumes. This
diversification is security against drought and crop failure. Different crops
are harvested at different times of the year and ensure year-round supply of
food. This also maintain soil fertility replenishes nitrogen.
• Today BBA has about 150 varieties of paddy from which 100 different
varieties can still be grown. BBA has also collected 170 varieties of rajma.
Effective pest control is accomplished by using the leaves of the walnut and
neem, and the application of the ash and cow’s urine. The use of traditional
farming methods and seeds has resulted higher yields, improved health of
humans and increased conservation of soil fertility and agro-biodiversity.