Introduction

Biodiversity stands to be the pedestal supporting the coexistence of all varieties of living
organisms from several sources which include the terrestrial, marine and all aquatic ecosystems.
Biodiversity is also a foundation for traditional and modern medicines, a source of food, provides
raw materials for trade and business, etc
Therefore, biodiversity loss would have negative repercussions on the lives of every species
existing on earth, causing an imbalance in the ecosystem which would eventually lead to the
destruction of the natural environment. Being one of the greatest diverse countries in the world
and holding a global record for being home to the most unique species, India has experienced
threats and semi-destruction of its biodiversity due to outbursting population, overutilization and
exploitation of resources, climate change, habitat loss due to human development, increasing
pollution levels and so on.
Before the Biological diversity Act, 2000, India had several environmental legislations put to
work but certainly a void existed which required the enactment of this Act in 2002. India had
signed the Convention on Biological Diversity at Rio de Janeiro providing a framework and
foundation for sustainable development and preservation of its biodiversity with a lot of focus on
natural resources. Following this ten years later the Biological Diversity Act, 2002 was enacted.

Biological diversity Act, 2002

India saw a transformation of its closed economy into an open economy, post-1990. Biopiracy
thereafter, stood unguarded with no stringent legislation protecting the overexploitation and
piracy of resources. This further saw the formation of a civil society group appointed to
formulate a National Biodiversity strategy and plan. However, this wasn’t accepted and the
government itself articulated a legal framework and draft known as the Biodiversity Bill, 2000,
based on which this Act was passed by the Lok Sabha on 2nd December 2002 and Rajya Sabha
on 11th December 2002. It had finally received the Presidential assent on 5th February 2003.
The biological diversity act, control the utilization of resources, and maintain equality in the
distribution of its resources and benefits arising from it. Section 8, of this Act, puts forth the
provision of establishing a National Biodiversity Authority in Chennai.

Objective.
The objective of aiming to conserve Biological diversity is showcased by Chapter IX of this Act,
especially with Sections 36, 37 and 38 which relates to developing national plans and
programmes for the conservation of biodiversity, powers given to state government to notify and
preserve areas of biodiversity, and with the authority of the Central Government to notify species
that are dangerously endangered, on the verge of extinction, threatened species, prohibiting their
collection and so on.

Important Provisions
The Biological Diversity Act puts forth definitions, principles, appointed authorities, procedures,
mechanisms for conservation, access benefits, etc, all related to biodiversity. It also mentions an
institutional structure to be established for the same purpose.
 Conservation Provisions
Section 36 talks about the role of the Central government in developing national strategies and
plans for conservation purposes. The Central government has responsibilities such as:
1. If any area rich in biological diversity or such resources seems to be facing threats
then it is the central government’s responsibility of notifying the respective state
government and asking them to take appropriate steps to prevent it.
2. The central government has to take measures for assessing the harmful effects of
upcoming projects on biodiversity and to either prevent it or come up with techniques
of diminishing such effects.
3. The central government must aspire to protect the traditional knowledge holders and
their knowledge with methods including registration of such knowledge at the local,
state or national levels, and other measures necessary for protection and so on.
It proceeds to protect the area rich with biodiversity in its natural surroundings. The
biodiversityrich
landscape and ecosystems brought under already legally protected areas such as National
Parks and Wildlife Sanctuaries in a method similar to that of the declaration of Eco-sensitive
areas as per the Environment Protection Act (1986). The Section also puts the responsibility on
the state government to compensate people or sections of people economically affected by such
declaration.
Section 38 of the Act requires the Central Government, in deliberation with the concerned State
Government, notifying from time to time about species that are on the verge of extinction or
threatened species and prohibit its collection thereof for any trade purpose and put to action
appropriate steps for the preservation of such species. Whereas Section 39 empowers the
Central Government to designate repositories for biological material to be kept in safe custody.
.
The biodiversity authorities at the national and


state levels
Section 8 lays down the provision of the establishment of the National Biodiversity Authority at
the national level whereas Section 22 does the same for state biodiversity boards at the state
level. Further Section 22(2) does not allow the State Biodiversity Board to be constituted for a
Union territory. The National Biodiversity Authority shall exercise the powers and perform the
functions of a State Biodiversity Board for that Union territory: Provided that in relation to any
Union territory, the National Biodiversity Authority may delegate all or any of its powers or
functions under this sub Section to such person or group of persons as specified by the Central
Government.
The chairperson of the National Biodiversity Authority presides over the meetings and all
questions are decided by the votes of all members present and voting. As per Section 13, the
National Biodiversity Authority can form a number of committees as required for the effective
and efficient discharge of its duties and functions under the Act. Such a committee should also
choose people who are not the members of the National Biodiversity Authority, as they might
have the right to attend the meetings of the committee and take part in the proceedings but shall
not have the right to vote.
Section 19 of the Act puts forth that any person wanting to obtain any biological resource
originating in India or information relating to it, for research or for commercial purposes or
transfer the results of such research related to biological resources occurring or obtained from
India, are required to make an application and payment of prescribed fees.
In the case of Akb Jagannath Nag v. Union Of India & Ors,
it was appealed that the petitioner had intellectual property rights in terms of Section
6 and Section 19(2) of the Biological Diversity Act, 2002 and concerned Rules which were in
his favour. Therefore, such approval by the concerned Authority under the Biological Diversity
Act would clearly come in the way of the order criticised before the learned Single Judge. The
order passed by the Controllers and Patents and Designs as per Section 15 of the Patents
(Amendment) Act, 2005 was appealable in terms of Section 117A of the Patents Act, 1970 as
amended in 2005. If there was an exercise of wrong jurisdiction, excessive authority during
passing such order, the same could be challenged before the Appellate Authority.
Based on this the appellant had interfered with the order passed by the Controllers of Patents and
Designs as well as the learned Single Judge. If the present approval under Section 6 of the
Biological Diversity Act seemed to change the entire scenario then it had to be brought under the
notice of the single learned judge by the way of review. Therefore, it was held that it would not
be just to point out faults with either the order of the Controllers of Patents and Designs or the
order of the learned Single Judge. This appeal was disposed of with an application for stay given
to the appellant with the choice of option for approaching the learned Single Judge for review of
the order of the Appellate Authority as indicated.
Function
Some of whose functions are:
1. Prohibiting a person claiming a patent over biodiversity or related knowledge, study,
or research without prior approval and permission of the Indian Government.
2. The State Biodiversity Board advises the State Government, according to any
guidelines issued by the Central Government, on matters relating to the conservation
of biodiversity, sustainable use of its components, and benefit-sharing.
3. The State Biodiversity Board performs functions as required by the Act or prescribed
by the State government.
4. Conservation of sustainable use of biological resources including habitat and species
protection (EIP) of projects, integration of biodiversity, formulating plans, and
policies of various Departments and Sectors.
5. The National Biodiversity Authority, on behalf of the Central Government, could take
steps for opposing granting of intellectual property rights in any country outside India
related to any biological resource obtained from India or knowledge about such
biological resource which is derived from India.
 Offences and penalties
Put forth by Section 58, offences under this Act are cognizable and non-bailable. Except for the
Central Government or any authority authorized by the government or any benefit claimant with
his intention to make a complaint, no court shall take cognizance of any offence under this Act or
rules as per Section 61 of the Act. No suit, prosecution or other legal proceedings shall lie
against the Central Government or any officer of the Central Government or the State
Government or any member, officer or employee of the National Biodiversity Authority or the
State Biodiversity Board with regard to an action done in good faith as per Section 54 of the Act.
Provisions of this Act even being inconsistent with any other law in force shall yet have effect
and put to work as laid under Section 59.
Offences punishable with imprisonment for a term which may extend to five years or fine which
may extend to ten lakh rupees or both:
1. In contravention to the provisions of Section 3, if a non-Indian, an Indian or corporate
body with foreign participation initiates biodiversity-related activities without prior
approval of the National Biodiversity Authority.
2. In contravention to the provisions of Section 4, any person whether a citizen or not,
delivers results of any research related to any biological resources for monetary gain
to a non-Indian.
3. In contravention to the provisions of Section 6, any person making an application for
an Intellectual Property Right of an invention based on any research on a biological
resource obtained from India without previous approval of the National Biodiversity
Authority.
Offences punishable with imprisonment for a term which may extend to three years, or with fine
which may extend to five lakh rupees or both:
1. Contravening Section 7 of the Act, if any citizen of India excluding Vaids and
Hakims who are practising indigenous medicines, acquires any biological resource for
commercial utilization or bio survey without giving prior notification to the State
Biodiversity Board.
2. Contravening Section 24 sub Section (1), if any citizen of India or a corporate
organization registered in India, aims to undertake any activity of obtaining biological
resources for commercial work and does not give prior intimation as is prescribed by
the State Government to the State Biodiversity Board.
A person going against any direction given by the Central Government, the State Government,
the National Biodiversity Authority or the State Biodiversity Board for which no punishment has
been specified under the Act, then he/she shall be punished with a fine which may extend to one
lakh rupees, in case of a subsequent offence extending to two lakh rupees which with continuous
contravention incur an additional fine two lakh rupees everyday laid by Section 56 of the Act.

Conclusion
The definition of biological has to be broadened to prevent any sort of exploitation as it does not
provide an all-inclusive structure for conservation and feasible use of biological and genetic
resources. It is one of the oldest yet current challenges faced by the country as it is widely
accepted that the basic framework of the Act involves problems. In case of Intellectual Property
Rights, it is considered to be facilitating commercialization rather than truly accrediting and
empowering local communities.
Therefore it is important for the government and every human to take efforts in their own ways
to effectuate and put the Act to work for getting the desired results. A kind of network and
integration of the civil society associations, local bodies, farmers, scientific institutions could
indeed help in better implementation of the Act.