LAW AND Emerging TRENDS

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)
Semester: SEVENTH Semester
Name of the Subject:
LAW AND Emerging TRENDS
LAW AND Emerging TRENDS
UNIT-I
Notion of Technology

INTRODUCTION
• Technology is first robustly defined by Jacob Bigelow in 1829 as: "...principles, processes,
and nomenclatures of the more conspicuous arts, particularly those which involve applications of
science, and which may be considered useful, by promoting the benefit of society, together with the
emolument of those who pursue them" .
• Principle is a term defined current-day by Merriam-Webster
as: "a comprehensive and fundamental law,
doctrine, or assumption", "a primary source", "the laws or facts of nature underlying the working of an
artificial device", "an ingredient (such as a chemical) that exhibits or imparts a characteristic quality".
• Process is a term defined current-day by the United States Patent Laws (United States Code Title 34 –
Patents
published by the United States Patent and Trade Office (USPTO) as follows: "The term 'process'
means process, art, or method, and includes a new use of a known process, machine, manufacture,
composition of matter, or material."
• Nomenclature is term defined by Merriam-Webster
as: "name, designation", "the act or process or an
instance of naming", "a system or set of terms or symbols especially in a particular science, discipline, or
art"
• Application of Science is a term defined current-day by the United States' National Academies of
Sciences, Engineering, and Medicine as: "...any use of scientific knowledge for a specific purpose, whether
to do more science; to design a product, process, or medical treatment; to develop a new technology; or to
predict the impacts of human actions."

Meaning
• The word "technology" can also be used to refer to a
collection of techniques. In this context, it is the current state
of humanity's knowledge of how to combine resources to
produce desired products, to solve problems, fulfill needs, or
satisfy wants; it includes technical methods, skills, processes,
techniques, tools and raw materials. When combined with
another term, such as "medical technology" or "space
technology," it refers to the state of the respective field's
knowledge and tools. "State-of-the-art technology" refers to
the high technology available to humanity in any field.

Definition and Usage
• Technology can be most broadly defined as the entities, both material and immaterial, created
by the application of mental and physical effort in order to achieve some value. In this usage,
technology refers to tools and machines that may be used to solve real-world problems. It is a
far-reaching term that may include simple tools, such as a crowbar or wooden spoon, or more
complex machines, such as a space station or particle accelerator. Tools and machines need
not be material; virtual technology, such as computer software and business methods, fall
under this definition of technology. The word "technology" can also be used to refer to a
collection of techniques. In this context, it is the current state of humanity's knowledge of how
to combine resources to produce desired products, to solve problems, fulfill needs, or satisfy
wants; it includes technical methods, skills, processes, techniques, tools and raw materials.
When combined with another term, such as "medical technology" or "space technology," it
refers to the state of the respective field's knowledge and tools. "State-of-the-art technology"
refers to the high technology available to humanity in any field.

Science, engineering and
technology
• The distinction between science, engineering, and technology is not always clear.
Science is systematic knowledge of the physical or material world gained through
observation and experimentation. Technologies are not usually exclusively
products of science, because they have to satisfy requirements such as utility,
usability, and safety.
• Engineering is the goal-oriented process of designing and making tools and
systems to exploit natural phenomena for practical human means, often (but not
always) using results and techniques from science. The development of technology
may draw upon many fields of knowledge, including scientific, engineering,
mathematical, linguistic, and historical knowledge, to achieve some practical
result.
• Technology is often a consequence of science and engineering, although
technology as a human activity precedes the two fields.

History
• Paleolithic (2.5 Ma – 10 ka)
• The use of tools by early humans was partly a process of discovery and of
evolution. Early humans evolved from a species of foraging hominids which were
already bipedal,
with a brain mass approximately one third of modern humans. Tool
use remained relatively unchanged for most of early human history. Stone tools
• Hand axes from the Acheulian period
• A Clovis point, made via pressure flaking
• Hominids started using primitive stone tools millions of years ago. The earliest
stone tools were little more than a fractured rock, but approximately 75,000 years
ago, pressure flaking provided a way to make much finer work.
• Fire
The discovery and utilization of fire, a simple energy source with many profound
uses, was a turning point in the technological evolution of humankind.

Clothing and shelter
Other technological advances made during the Paleolithic era were clothing and
shelter; the adoption of both technologies cannot be dated exactly, but they were a key
to humanity's progress. As the Paleolithic era progressed, dwellings became more
sophisticated and more elaborate; as early as 380 ka, humans were constructing
temporary wood huts.
Neolithic through classical antiquity (10 ka – 300 CE)

An array of Neolithic artifacts, including bracelets, axe heads, chisels, and polishing
tools
Human's technological ascent began in earnest in what is known as the Neolithic Period
("New Stone Age"). The invention of polished stone axes was a major advance that
allowed forest clearance on a large scale to create farms. This use of polished stone axes
increased greatly in the Neolithic, but were originally used in the preceding Mesolithic in
some areas such as Ireland.

Objectives
• encourage an awareness of the impact of technology on society and the
environment
• develop an appreciation of the international and intercultural aspects of technology
• provide a variety of technological information and ideas
• encourage curiosity, ingenuity, resourcefulness and discrimination
• stimulate self-confidence through the knowledge and application of technology
• develop practical skills through the creation of products/solutions
• promote effective, informed, appropriate communication
• foster responsibility for designs, decisions, actions and assessment
• promote effective cooperation and respect for individual differences when
responding to technological challenges
• develop logical-thinking skills.

Advantages and Disadvantages of technology
• First, the evolution of technology is beneficial to humans for several reasons. At the
medical level, technology can help treat more sick people and consequently save
many lives and combat very harmful viruses and bacteria.
• The invention of the computer was a very important point. Communication is thus
enhanced, and companies can communicate more easily with foreign countries.
Research is also simplified.
• For companies, progress is saving in time and therefore in money. Exchanges are
faster especially with the internet. Sales and purchases are now facilitated and
possible worldwide. This allows businesses to buy raw materials with discounts or
at reduced prices. Similarly, global tourism has grown.
• >See also: Technology is revolutionising the property industry
• Technology has also increased the productivity of almost every industry in the
world. Thanks to technology, we can even pay with bitcoins instead of using banks.
The digital coin has been such a game changing factor, that many realised that this
is the right time to open a bitcoin demo account.

When observed more closely, new things are discovered every day. Let’s take
for instance when radio waves were discovered, radio broadcasts followed suit
almost immediately. The same applies to the television and electricity. If no one
had discovered that electricity could be generated, then the entertainment
industry wouldn’t be at it’s current stage of development.
Disadvantages and risks of technology
On the other hand, the evolution of modern technology has disadvantages, for
example, dependence on new technology. Man no longer needs to think
The use of technology certainly needs rule and new laws. For example internet
use is an individual freedom. However, the invention of the atomic bomb cannot
be an individual freedom. In fact, regulations are difficult to implement when
these technologies are introduced – such as regulation surrounding the
impending arrival of autonomous vehicles.
Finally, as most technological discoveries aim to reduce human effort, it would
imply that more work is done by machines. This equates to less work for people:
the human is becoming ever so obsolete by the day, as processes become
automated and jobs are made redundant.

Positive Impacts Of Technology On Society
• technology has great significance in our day to day lives. From
the start of the day to go for the snooze, we use a variety of
tech gadgets and devices whole day to do things simply in the
right way. The fridge is the invention of technology where we
place foodstuff and sandwich maker is also the device that
shows us the benefits of technology in day to day life. Motor
vehicles like a motorbike, the car and van all are technological
inventions that allow us to move from home to office or
school. Our surroundings are all full of the technology even
when we call someone for help by making a phone call, it is
only possible with the aid of technological advancement.

Negative impacts of technology on society
• In this advanced phase of life where technology is taking control of
everything, there is nothing wrong to say that it is harming the society as
well. Idleness is one of the common negative impacts of technology on
society because everything is digital and technical in the environment and
making us less likely to do things ourselves. We all use different tech
gadgets and devices to do things instead of doing by hands and it is making
us inactive that can arise many health-related issues. “Don’t text while
driving”, is a common public message placed on highways that we all read
daily while traveling and it shows that how technology can have a negative
impact on a valuable life if an accident happens only due to texting while
driving. Technology changes the way children think. They believe that
computer, mobile phone, tablet and other commonly used gadgets can do
all things on behalf of them and they don’t need to move even a single step
to open the door when the bell rings because of an auto door lock.

Impact of technology on politics
• One of the ways in which technology influences politics is the financial
side.
• Raising funds to use for campaigning is an important factor for political
candidates. It comes with the need to create a vertical response to the
whole country or target region. This is a major hurdle experienced by
political candidates.
• The Internet enables politicians to use podcasting. The act of podcasting
can make anyone a journalist. Through podcasting, politicians are able to
portray a journalistic stature, thereby ensuring that the information is
considered credible.
• It is clear that gaining political publicity through the use of technology has
become easier, especially since technological devices are so accessible and
widespread.

Conclusion
• Communications and information technologies have the most potential
for improving reserve component capabilities compared to the
capabilities of the active components.
• Communications technologies are providing substantial increases in
bandwidth every year (i.e., vastly increasing the capacity to move large
volumes of data quickly). Information technologies are providing dramatic
increases in computing power and the capacity for worldwide access to
information by users on either secured or unsecured intranets. The
incredible brawn and speed of these technologies will give individuals
unparalleled control over goods, services, and activities, all but
eliminating the barriers of time and distance. Therefore, communications
and information technologies will be especially important for improving
the integration of reserve and active components, improving the
readiness of reserve components for action, and enhancing the ability of
reserve components to carry out future missions.

Law And Emerging Trends
UNIT-II
E-COMMERCE

INTRODUCTION
• E-commerce is the activity of buying or selling of products on online
services or over the Internet. Electronic commerce draws on technologies
such as mobile commerce, electronic funds transfer,
supply chain management, Internet marketing,
online transaction processing, electronic data interchange (EDI),
inventory management systems, and automated data collection systems.
• Modern electronic commerce typically uses the World Wide Web for at
least one part of the transaction's life cycle although it may also use other
technologies such as e-mail. Typical e-commerce transactions include the
purchase of online books (such as Amazon) and music purchases (
music download in the form of digital distribution such as iTunes Store),
and to a less extent, customized/personalized online liquor store inventory
services.There are three areas of e-commerce: online retailing, electric
markets, and online auctions. E-commerce is supported by
electronic business

E-commerce businesses may also employ some or all of the followings:
• Online shopping for retail sales direct to consumers via Web sites and
mobile apps, and conversational commerce via live chat, chatbots, and
voice assistants
• Providing or participating in online marketplaces, which process third-
party business-to-consumer or consumer-to-consumer sales
• Business-to-business buying and selling;
• Gathering and using demographic data through web contacts and social
media
• Business-to-business (B2B) electronic data interchange
Marketing to prospective and established customers by e-mail or fax (for
example, with newsletters)
• Engaging in pretail for launching new products and services
• Online financial exchanges for currency exchanges or trading purposes.

Meaning
• E-commerce (electronic commerce or EC) is the
buying and selling of goods and services, or the
transmitting of funds or data, over an electronic
network, primarily the internet. These business
transactions occur either as business-to-business,
business-to-consumer, consumer-to-consumer or
consumer-to-business. The terms e-commerce and e-
business are often used interchangeably. The term e-
tail is also sometimes used in reference to
transactional processes for online shopping.

What is e-commerce ?
• electronic commerce is the process by which businesses and
consumers buy and sell goods and servicThe buying and selling of
products and services by businesses and consumers through an
electronic medium, without using any paper documents. E-
commerce is widely considered the buying and selling of products
over the internet, but any transaction that is completed solely
through electronic measures can be considered e-commerce. E-
commerce is subdivided into three categories: business to business
or B2B (Cisco), business to consumer or B2C (Amazon), and
consumer to consumer or C2C (eBay). also called electronic
commerce.

History

Conclusion
• Communications and information technologies have the most potential for
improving reserve component capabilities compared to the capabilities of the active
components.
• Communications technologies are providing substantial increases in bandwidth
every year (i.e., vastly increasing the capacity to move large volumes of data
quickly). Information technologies are providing dramatic increases in computing
power and the capacity for worldwide access to information by users on either
secured or unsecured intranets. The incredible brawn and speed of these
technologies will give individuals unparalleled control over goods, services, and
activities, all but eliminating the barriers of time and distance. Therefore,
communications and information technologies will be especially important for
improving the integration of reserve and active components, improving the
readiness of reserve components for action, and enhancing the ability of reserve
components to carry out future missions.

UNIT-III Cyber Crime

Introduction
• Cybercrime is any criminal activity that involves a computer,
networked device or a network. While most cybercrimes are
carried out in order to generate profit for the cybercriminals,
some cybercrimes are carried out against computers or devices
directly to damage or disable them, while others use
computers or networks to spread malware, illegal information,
images or other materials. Some cybercrimes do both -- i.e.,
target computers to infect them with viruses, which are then
spread to other machines and, sometimes, entire networks.

Meaning
• Cybercrime, or computer oriented crime, is crime that
involves a computer and a network.[1]
The computer may have
been used in the commission of a crime, or it may be the
target. Cybercrimes can be defined as: "Offences that are
committed against individuals or groups of individuals with a
criminal motive to intentionally harm the reputation of the
victim or cause physical or mental harm, or loss, to the victim
directly or indirectly, using modern telecommunication
networks such as Internet (networks including but not limited
to Chat rooms, emails, notice boards and groups) and mobile
phones (Bluetooth/SMS/MMS)"

What is cyber law
• Cyber law or Internet law is a term that encapsulates
the legal issues related to use of the Internet. It is less
a distinct field of law than intellectual property or
contract law, as it is a domain covering many areas of
law and regulation. Some leading topics include
internet access and usage, privacy, freedom of
expression, and jurisdiction”.

History of Cyber Crime
• When computers and networks came into being in the 1990s, hacking was
done basically to get more information about the systems. Hackers even
competed against one another to win the tag of the best hacker. As a result,
many networks were affected; right from the military to commercial
organizations. Initially, these hacking attempts were brushed off as mere
nuisance as they did not pose a long-term threat. However, with malicious
software becoming ubiquitous during the same period, hacking started
making networks and systems slow. As hackers became more skillful, they
started using their knowledge and expertise to gain benefit by exploiting
and victimizing others.

Scope of cyber crime
• Cyber-crime is a criminal exploitation of the internet. A
misconduct that is committed against an individual or groups
of individuals with an unlawful intention to hurt the position
of the victim or cause any mental or physical harm to the
victim directly or indirectly by using advanced IT and related
sources such as Internet and mobile phones is termed as cyber-
crime. Such crimes may be harmful for a country.
• All these activities leading to crimes have given rise to a
relatively new field in law for protecting the interests of an
individual which is called cyber law

Importance of cyber law
• Cyber law is vital because it touches almost all aspects of
transactions and behavior on and concerning the Internet, the World
Wide Web and Cyberspace. Primarily it may seem that Cyberlaws is
a very technical field and that it does not have any attitude to most
activities in Cyberspace. But the actual fact is that nothing could be
further than the truth.
• Cyber crimes can involve criminal activities that are traditional in
nature, such as fraud, forgery, theft, mischief and defamation all of
which are subject to the Indian Penal Code. The abuse of computers
has also given birth to a range of new age crimes that are addressed
by the Information Technology Act, 2000.

Types of cyber crime
• Hacking: This is a type of crime wherein a person’s computer is broken into so that his
personal or sensitive information can be accessed. In the United States, hacking is classified as
a felony and punishable as such. This is different from ethical hacking, which many
organizations use to check their Internet security protection. In hacking, the criminal uses a
variety of software to enter a person’s computer and the person may not be aware that his
computer is being accessed from a remote location.
• Theft: This crime occurs when a person violates copyrights and downloads music, movies,
games and software. There are even peer sharing websites which encourage software piracy
and many of these websites are now being targeted by the FBI. Today, the justice system is
addressing this cyber crime and there are laws that prevent people from illegal downloading.
• Cyber Stalking: This is a kind of online harassment wherein the victim is subjected to a
barrage of online messages and emails. Typically, these stalkers know their victims and
instead of resorting to offline stalking, they use the Internet to stalk. However, if they notice
that cyber stalking is not having the desired effect, they begin offline stalking along with
cyber stalking to make the victims’ lives more miserable.

• Identity Theft: This has become a major problem with people using the
Internet for cash transactions and banking services. In this cyber crime, a
criminal accesses data about a person’s bank account, credit cards, Social
Security, debit card and other sensitive information to siphon money or to buy
things online in the victim’s name. It can result in major financial losses for the
victim and even spoil the victim’s credit history.
• Malicious Software: These are Internet-based software or programs that are
used to disrupt a network. The software is used to gain access to a system to
steal sensitive information or data or causing damage to software present in the
system.
• Child soliciting and Abuse: This is also a type of cyber crime wherein
criminals solicit minors via chat rooms for the purpose of child pornography.
The FBI has been spending a lot of time monitoring chat rooms frequented by
children with the hopes of reducing and preventing child abuse and soliciting.

Causes of Cyber crime
• Wherever the rate of return on investment is high
and the risk is low, you are bound to find people
willing to take advantage of the situation. This is
exactly what happens in cyber crime. Accessing
sensitive information and data and using it means a
rich harvest of returns and catching such criminals is
difficult. Hence, this has led to a rise in cyber crime
across the world.

Categories of cyber crime
• Individual
• Property
• Government
• Each category can use a variety of methods and the methods used vary from one
criminal to another.
• Individual: This type of cyber crime can be in the form of cyber stalking,
distributing pornography, trafficking and “grooming”.
• Property: Just like in the real world where a criminal can steal and rob, even in the
cyber world criminals resort to stealing and robbing.
• Government: Although not as common as the other two categories, crimes against
a government are referred to as cyber terrorism. If successful, this category can
wreak havoc and cause panic amongst the civilian population

• Confidential Information
Confidential data from security firms, scientific databases, financial institutes and
even governmental organizations is stored online and on networks.
• Negligence
Sometimes simple negligence can give rise to criminal activities, such as saving a
password on an official computer, using official data in a public place and even
storing data without protecting it.
• Complexity of Codes
Operating systems have complex codes that can be decoded or manipulated to gain
access to the system. There are always loopholes in security that a professional
cyber criminal can find and hack into.
• Lack of Evidence
One cause of increasing cyber crime is the lack of evidence to bind the criminal by
law.
Causes and effects of cyber crime

How to tackle cyber crime?
• Use Strong Passwords: Use the different password and username
combinations for different accounts.
• Be social media savvy: Be sure to keep your social networking profiles
(Facebook, Twitter, YouTube, etc.) are set to private.
• Secure your Mobile Devices: Many people are not aware that their mobile
devices are also vulnerable to malicious software, such as computer viruses
and hackers.
• Protect your data: Protect your data by using encryption for your most
sensitive files such financial records and tax returns.
• Protect your identity online: When it comes to protecting your identity
online it is better to be too cautious than not cautious enough.

Advantages of cyber crime
• There are several advantages of Cyber Law to protect the individuals from
getting trapped in any cyber violations. The IT Act 2000 provides several
guidelines in this regard.
• Organizations shall now be able to carry out e-commerce using the legal
infrastructure provided by the Act.
• The Act throws open the doors for the entry of corporate companies in
the business of being Certifying Authorities for issuing Digital Signatures
Certificates.
• The Act now allows Government to issue notification on the web thus
indicating e-governance.
• The IT Act also addresses the important issues of security, which are so
critical to the success of electronic transactions.

Conclusion
• There will always be new and unexpected challenges
to stay ahead of cyber criminals and cyber terrorists
but we can win only through partnership and
collaboration of both individuals and government.
There is much we can do to ensure a safe, secure and
trustworthy computing environment. It is crucial not
only to our national sense of well-being, but also to
our national security and economy.

Law &Emerging trends
Law &Emerging trends
UNIT-IV DIGITAL
SIGNATURE

                          INTRODUCTION
You can use a digital signature for many of the same reasons
that you might sign a paper document. A digital signature is
used to authenticate digital information — such as form
templates, e-mail messages, and documents — by using
computer cryptography. Digital signatures help to establish
the following assurances:
Authenticity    The digital signature helps to assure that the
signer is who he or she claims to be.
Integrity    The digital signature helps to assure that the
content has not been changed or tampered with since it was
digitally signed.
Non-repudiation    The digital signature helps prove the
origin of the signed content to all parties. "Repudiation" refers
to the act of a signer denying any association with the signed
content.

MEANING OF DIGITAL SIGNATURE
Digital signature is used to
authenticate digital information — such as form
templates, e-mail messages, and documents — by
using computer cryptography. ... Integrity
The digital signature helps to assure that the
content has not been changed or tampered with since
it was digitally signed.

WHAT IS DIGITAL SIGNATURE?
digital signature is a mathematical scheme for presenting the
authenticity of digital messages or documents. A valid digital
signature gives a recipient reason to believe that the message was
created by a known sender (authentication), that the sender cannot
deny having sent the message (non-repudiation), and that the
message was not altered in transit (integrity).
Digital signatures are a standard element of most
cryptographic protocol suites, and are commonly used for software
distribution, financial transactions, contract management software,
and in other cases where it is important to detect forgery or
tampering.

History
In 1976, Whitfield Diffie and Martin Hellman first described the
notion of a digital signature scheme, although they only conjectured
that such schemes existed based on functions that are trapdoor one-
way permutations. Soon afterwards, Ronald Rivest, Adi Shamir, and
Len Adleman invented the RSA algorithm, which could be used to
produce primitive digital signatures (although only as a proof-of-
concept – "plain" RSA signatures are not secure). The first widely
marketed software package to offer digital signature was Lotus Notes
1.0, released in 1989, which used the RSA algorithm.
Other digital signature schemes were soon developed after RSA, the
earliest being Lamport signatures

Applications of digital signatures
As organizations move away from paper
documents with ink signatures or authenticity
stamps, digital signatures can provide added
assurances of the evidence to provenance,
identity, and status of an electronic document
as well as acknowledging informed consent
and approval by a signatory.

Authentication
Although messages may often include information
about the entity sending a message, that
information may not be accurate. Digital
signatures can be used to authenticate the source
of messages. When ownership of a digital
signature secret key is bound to a specific user, a
valid signature shows that the message was sent
by that user.

Integrity
In many scenarios, the sender and receiver of a message may
have a need for confidence that the message has not been
altered during transmission. Although encryption hides the
contents of a message, it may be possible to change an
encrypted message without understanding it. (Some
encryption algorithms, known as nonmalleable ones, prevent
this, but others do not.)

Non-repudiation
Non-repudiation, or more specifically non-
repudiation of origin, is an important aspect of
digital signatures. By this property, an entity
that has signed some information cannot at a
later time deny having signed it. Similarly,
access to the public key only does not enable a
fraudulent party to fake a valid signature.
Note that these authentication, non-repudiation
etc

Some digital signature algorithms
RSA-based signature schemes, such as RSA-PSS
DSA and its elliptic curve variant ECDSA
Edwards-curve Digital Signature Algorithm and
its Ed25519 variant.
ElGamal signature scheme as the predecessor to DSA,
and variants Schnorr signature and Pointcheval–Stern
signature algorithm
Rabin signature algorithm
Pairing-based schemes such as BLS
Undeniable signatures

Introduction
• Biodiversity is the shortened form of two
words "biological" and "diversity". It refers to
all the variety of life that can be found on
Earth (plants, animals, fungi and micro-
organisms) as well as to the communities that
they form and the habitats in which they live.
Biodiversity is not only the sum of all
ecosystems, species and genetic material.

Biodiversity
• The term BIODIVERSITY was first coined by the entomologist E.O.
Wilson in 1986. A neologism from biology and diversity, it refers to the
variety of life on the planet. There is no single standard definition for
biodiversity.
• 1. Biodiversity may be defined as the totality of different organisms, the
genes they contain, and the ecosystems they form.
• 2. The Convention on Biological Diversity defines biodiversity as the
variability among living organisms from all sources including, among
other things, terrestrial, marine, and other aquatic ecosystems and the
ecological complexes of which they are a part; this includes diversity
within species, between species and of ecosystems

Levels of biodiversity

Biological Diversity Act, 2002
• The Biological Diversity Act, 2002 is
an Act of the Parliament of India for
preservation of biological diversity in India,
and provides mechanism for equitable sharing
of benefits arising out of the use of traditional
biological resources and knowledge. The Act
was enacted to meet the obligations
under Convention on Biological
Diversity (CBD), to which India is a party.

National Biodiversity Authority and State Biodiversity Boards
• The National Biodiversity Authority (NBA)is a statutory autonomous body,
headquartered in Chennai, under the Ministry of Environment and
Forests, Government of India established in 2003 to implement the
provisions under the Act. State Biodiversity Boards (SBB) has been created
in 28 States along with 31,574 Biological management committees (for
each local body) across India.
• Functions
• Regulation of acts prohibited under the Act
• Advise the Government on conservation of biodiversity
• Advise the Government on selection of biological heritage sites
• Take appropriate steps to oppose grant of intellectual property rights in
foreign countries, arising from the use of biological resources or
associated traditional knowledge.

Regulations
• A foreigner, non-resident Indian as defined in clause (30) of section 2
of The Income-tax Act, 1961 or a foreign company or body
corporate need to take permission from the NBA before obtaining any
biological resources or associated knowledge from India for research,
survey, commercial utilisation. Indian citizens or body corporates need to
take permission from the concerned State Biodiversity Board.
• Result of research using biological resources from India cannot be
transferred to a non-citizen or a foreign company without the permission
of NBA. However, no such permission is needed for publication of the
research in a journal or seminar, or in case of a collaborative research
made by institutions approved by Central Government.

Salient features of biodiversity act
• Section 8 of the Act sets up the National Biodiversity Authority (NBA- not to be confused
with American basketball!). Which is headquartered in Chennai.
• The NBA is body that comprises of members who are experienced in the field of
environmental conservation, along with members of several government ministries such as the
Ministry dealing with Tribal Affairs, Agricultural Research Biotechnology, Ocean
Development, AYUSH (alternative medicines) etc.
• Chapter IV of the Act lays down the functions of the NBA. Certain persons are not to be
granted access to biological resources without the consent of the NBA. These persons are:
– Persons not citizens of India
– A company not registered in India, or registered in India but having a significant amount
of foreign control and management.
• If the above persons want to utilize any biological resource or transfer biological knowledge
they will have to seek permission of the NBA.
• The only exception to seeking NBA approval is if the access to biodiversity is sought for a
collaborative research project in association with the Government or government approved
institution.

How does the Act protect biodiversity?
• In furtherance of its CBD obligations, the parliament passed
the Biological Diversity Act in 2002. Section 2(b) of the Act
defines biodiversity as “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 ecosystems”. Section 2(c)
defines biological resources to mean “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”.

Activities for which you need permission for under the Act?
• Any foreign company needs permission from the NBA to
access and biological resource or research related to biological
resources in India.
• Any export of biological resources outside India.
• The transfer of any Indian research on biological resources
outside India.
• While Indian citizens have free access to India biological
resources, they must seek permission from the NBA if they
derive any commercial benefit from such exploitation such as
a patent for an invention based on biological resources.

Activities for which you do NOT need permission for
under the Act?
• Any research for educational purposes, if conducted
by Indian citizens.
• Any research for educational purposes conducted by
foreign entities in collaboration with the
Government or recognized Indian institutions.
• Any traditional practices in agriculture, horticulture,
animal husbandry from which commercial benefit is
derived. The Act aims to protect and allow for free
access and transfer of traditional knowledge within
the country.

Biodiversity management committee
• Biodiversity Management Committee under Biological Diversity Act
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 including preservation of
habitats, conservation of land races, folk varieties and cultivars, and
microorganisms and chronicling of knowledge relating to 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.
• The Biodiversity Management Committees may levy charges by way of
collection fees from any person for accessing or collecting any biological
resource for commercial purposes from areas falling within its territorial
jurisdiction.

Penalties
SECTION 56. Penalty for contravention of directions of Central
Government, State Government, National Biodiversity Authority and
State Biodiversity Boards.-
• If any person contravenes any direction given or order made
by the Central Government, the State Government , the
National Biodiversity Authority or the State Biodiversity
Board for which no punishment has been separately provided
under this Act, he shall be punished with a fine which may
extend to one lakh rupees and in case of a second or
subsequent offence, with fine which may extend to two lakh
rupees and in the case of continuous contravention with
additional fine which may extend to two lakh rupees everyday
during which the default continues.

Conclusion
• The philosophy of sustainable development, the ecosystem approach, and
the emphasis on building partnerships are all helping to shape global
action on biodiversity. The data and reports that governments are
gathering and sharing with each other are providing a sound basis for
understanding the challenges and collaborating on the solutions.
The passage of the Earth's biodiversity through the coming century will be
its most severe test. With human population expected to rise dramatically,
particularly in developing countries, and the consumer revolution set for
exponential expansion - not to mention the worsening stresses of climate
change, ozone depletion, and hazardous chemicals - species and
ecosystems will face ever more serious threats. Unless we take action
now, children born today will live in an impoverished world.

THANK YOU

LAW AND Emerging TRENDS

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