Introduction
The human beings and other living organisms are heavily depending on biodiversity as it provides most of the goods and services essential for the well-being and survival of humans and other organisms. However, due to the misuse and exploitation of these biological resources, there is a large scale reduction in the several components of biodiversity. It can be seen that several ecosystems; species of plants, fishes, birds, animals and other living forms are disappeared from the earth; there is an increase in the deforestation and desertification’s; conversion of wetlands into normal lands, etc. These loss of different components of biodiversity have significant impacts on the ecosystem. The traditional role of ecosystem will also undergo changes and as a result, it adversely affects the human needs of clean air, water, food production, proper climates, healthy environment, religious and cultural practices, and also it has grave economic implications. Thus the conservation and sustainable use of biodiversity is of utmost important for human survival as such. However, ensuring the sustainable use of biodiversity and slowing down biodiversity loss is one of the greatest challenge of humanity.
Development of a proper legal framework and the adoption of appropriate strategies based on the legal provisions are considered as a means to achieve the goal of conservation of biodiversity. This fact was highlighted by the Convention on Biodiversity developed by international community in 1992. India being a party to this Convention, introduced Biological Diversity Act in 2002[1] for the purpose of establishing appropriate rules and institutions for the conservation and sustainable management of biodiversity. The Act provides for the establishment of Biodiversity Boards at National and State level as well as Biodiversity Management Committees (BMC’s) at local level. This Chapter seeks to examine the scope of Biological Diversity Act, 2002 and the role and functioning of BMC’s with special emphasis on the BMC’s constituted in State of Kerala.
Biodiversity Act, 2002: Major Features
India has ratified the Convention on Biological Diversity in 1994. The Articles 6, 7, 8 & 9 of the Convention highlights the various measures the Contracting Parties of the Convention should take at their national level. Hence, in order to fulfil these commitments and for the conservation, sustainable utilization and equitable sharing of the benefits arising out of utilization of genetic resources the Central Government has enacted Biological Diversity Act, 2002. The BD Act has been enacted with the following specific aims such as the conservation of biological diversity; the sustainable use of its components; the fair and equitable sharing of the benefits arising out of utilisation of genetic resources; to give effect to the CBD; to establish National Biodiversity Authority (NBA) & State Biodiversity Boards (SBB); to establish Biodiversity Management Committees (BMC’s).
This Act consists of 65 sections and is divided into XII chapters. Chapter I provides several definitions for the purposes of the Act. It defines biological diversity 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 eco-systems[2]”. The 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]. Further, the ‘sustainable use’ in the context of biodiversity 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 needs and aspirations of present and future generations”[4].
The Chapter II of the Act deals with the regulation of access to biological diversity. It says that, “without previous approval of the National Biodiversity Authority, certain persons shall not obtain any biological resource occurring in India or knowledge associated thereto for research or for commercial utilisation or for bio-survey and bio-utilisation”[5]. Here the certain persons includes, foreign citizens; an NRI[6]; foreign body corporates, associations or organisations; and Indian corporates, associations or organisations, if there is non-Indian participation in its share capital or management[7]. Further the Act prohibits, “transfer of the results of any research relating to any biological resources occurring in, or obtained from, India for monetary consideration or otherwise to the above mentioned persons without the previous approval of the National Biodiversity Authority”[8]. However, the above prohibitions are not applicable in cases where there are, “collaborative research projects involving transfer or exchange of biological resources or information relating thereto between institutions, including Government sponsored institutions of India, and such institutions in other countries”. Provided such research collaborations shall conform the relevant policy guidelines in this behalf and has received the approval from the Central Government[9].
The Act specifically states that, without obtaining a prior approval from National Biodiversity Authority, no person shall apply for obtaining any intellectual property rights related to an invention based on any research or information on a biological resource obtained from India, either in India or outside India[10]. In case of any contravention or attempt or abatement for the contravention of these prohibitions, such persons are liable for an imprisonment up to five years or a fine up to 10 lakhs and if any damage caused which is more than 10 lakhs then fine will cover that damage too[11]. In order to obtain any biological resource for commercial utilisation, or bio-survey and bio-utilisation for commercial utilisation, the Indians and all Indian body corporates, associations and organisations shall obtain prior approval from the State Biodiversity Authority. However, those local people and communities who have been practising indigenous medicine are exempted from the purview of this mandate[12]. In case of any contravention or attempt or abatement for the contravention of these prohibitions, such persons are liable for an imprisonment up to three years or fine up to 5 lakhs or both[13].
The Chapters III, IV and V of the Act deals with the establishment of National Biodiversity Authority; its Powers and Functions; and the Procedure for Granting Approval by NBA respectively. Chapter VI of the Act provides the provisions relating to establishment, powers and functions of State Biodiversity Authority. Chapters VII & VIII deals with the finance, accounts and audit of NBA & SBA respectively. The Chapter IX of the Act talks about the powers of Central and State Governments as well as the duty of Central Government for the purposes of achieving the goals of BDA. The Chapter X provides for the constitution and establishment of Biodiversity Management Committees; the Chapter XI deals with the constitution of Local Biodiversity Fund; and the Chapter XII contains several miscellaneous matters in connection with the Act.
As per this Chapter, the major duty of Central Government is that, “to develop national strategies, plans, programmes for the conservation and promotion and sustainable use of biological diversity including measures for identification and monitoring of areas rich in biological resources, promotion of in situ, and ex situ, conservation of biological resources, incentives for research, training and public education to increase awareness with respect to biodiversity”[14]. Further it says that, the Central Government has the power, “to notify, in consultation with the concerned State Government, any species which is on the verge of extinction or likely to become extinct in the near future as a threatened species and prohibit or regulate collection thereof for any purpose and take appropriate steps to rehabilitate and preserve those species”[15]. So also, the Central Government is having the power to designate any institution, in consultation with the National Biodiversity Authority, as repositories for different categories of biological resources[16].
The Central Government also have the power to exempt, in consultation with NBA, any biological resources normally traded as commodities from the purview of the provisions of this Act[17]. Further the Central Government is also empowered to give appropriate directions to NBA for the purposes of this Act[18]. The State Governments are empowered to notify in consultation with the local bodies, any areas of biodiversity importance as biodiversity heritage sites[19]. So also the State Governments are under a duty to maintain Local Biodiversity Fund for the purposes of this Act[20]. The State Governments are also empowered to give direction to SBA with respect to the implementation of this Act[21].
Biodiversity Conservation: Institutional Mechanisms
The Act provides for the establishment of a multi –tier strong decentralised institutional framework for the implementation of the objectives of BDA in tune with the objectives of CBD. They are the National Biodiversity Authority (NBA) at national level; at State level State Biodiversity Authority (SBA); and Biodiversity Management Committees at the local level i.e. at (e.g. Panchayats/Village/ Municipal/ Taluk/Corporations/District level). It is to be noted that by creating these institutional mechanisms the BDA has reaffirmed sovereign rights of the Country over the natural resources. Within a decade of time the Central Government and different State Governments were able to constitute NBA and SBA’s. Subsequently, the State Governments were also completed the task of establishing BMC’s at different levels.
A) National Biodiversity Authority
Based on Section 8 of the Act, the Ministry of Environment, Forest and Climate Change in 2003, established NBA at Chennai. Like any other statutory body, it is also a body corporate having a common seal and perpetual succession. It is also having he power to acquire, hold and dispose both movable and immovable properties and the capacity to enter into contract and to sue and be sued. The NBA consists of a Chairperson, who shall be a person of eminence and having sufficient knowledge and experience in the prescribed field[22]. Along with him there are ten ex-offico members such as a representative of Ministry of Tribal Affairs; a representatives Ministry of Environment Forest and Climate Change; and the Additional Director General of Forests or the Director General of Forests; and seven representatives from the of Agricultural Research and Education; Biotechnology; Ocean Development; Agriculture and Cooperation; Indian Systems of Medicine and Homoeopathy; Science and Technology; and Scientific and Industrial Research respectively. NBA also includes five non-official members from specialists and scientists having special knowledge or experience “in matters relating to conservation of biological diversity, sustainable use of biological resources and equitable sharing of benefits arising out of the use of biological resources, representatives of industry, conservers, creators and knowledge-holders of biological resources”[23].
The Chairperson and non-official members are appointed for a period of three years[24]. The NBA shall meet at least four times in a year normally after a period of three months[25] at Chennai or any other place as it deems fit. The Authority can appoint a committee to deal with agro-biodiversity[26] as well as it can constitute any number of committees for the purposes it deems fit[27]. The major function of the NBA are to regulate activities related to biological resources and knowledge; its transfer and exchange; obtaining of intellectual property rights; issuance of guidelines for access to biological resources and for fair and equitable benefit sharing. So also the NBA is the authority empowered to grant approval for these different activities[28]. The detailed procedure for grant of approval etc. are provided in the Biological Diversity Rules, 2004[29]. If any person having any grievance in connection with the grant of approval, he can file an appeal to High Court within 30 days of communication of order to him[30].
Further as per the Rule 12 of the BDR, the NBA is having the following functions, namely:
“a) To advise the Central Government on any matter concerning conservation of biodiversity, sustainable use of its components and fair and equitable sharing of benefits arising out of the use of biological resource and knowledge;
b) To coordinate the activities of the State Bio-diversity Boards;
c) To provide technical assistance and guidance to the State bio-diversity Boards;
d) To commission studies and sponsor investigation and research;
e) To engage consultants, for a specific period, not exceeding three years, for providing technical assistance to the Authority in the effective discharge of its functions.
f) To collect, compile and publish technical and statistical data, manuals, codes or guides relating to conservation of bio-diversity, sustainable use of its components and fair and equitable sharing of benefits arising out of the use of biological resource and knowledge;
g) To organize through mass media a comprehensive programme regarding conservation of bio-diversity, sustainable use of its components and fair and equitable sharing of benefits arising out of the use of biological resource and knowledge;
h) To plan and organize training or personnel engaged or likely to be engaged in programmes for the conservation of bio-diversity and sustainable use of its components;
i) To prepare the annual Budget of the Authority incorporating its own receipts as also the devaluation from the Central Government provided that the allocation by the Central government shall be operated in accordance with the budget provisions approved by the Central Government;
j) To recommend creation of posts to the Central Government, for effective discharge of the functions by the Authority and to create such posts, provided that no such post whether permanent/temporary or of any nature, would be created without prior approval of the Central Government;
k) To approve the method of recruitment to the officers and servants of the Authority;
l) To take steps to build up data base and to create information and documentation system for biological resources and associated traditional knowledge through bio-diversity registers and electronics databases to ensure effective management, promotion and sustainable uses;
m) To give directions to State Bio-diversity Boards and the Bio-diversity Management Committees in writing for effective implementation of the Act;
n) To report to the Central Government about the functioning of the Authority and implementation of the Act;
o) To recommend, modify, collection of benefit sharing fee in respect of biological resources from time to time;
p) To sanction grants-in-aid and grants to the State Bio-diversity Board and Biodiversity Management Committees for specific purposes;
q) To undertake physical inspection of any area in connection with the implementation of the Act;
r) To take necessary measures including appointment of legal experts to oppose grant of intellectual property right in any country outside India on any biological resource and associated knowledge obtained from India in all illegal manner;
s) To do such other functions as may be assigned or directed by the Central Government from time to time”.
The NBA being an autonomous body, since its inception NBA is in the forefront for the conservation and sustainable management of biodiversity in India and also has supported the States Governments and Union Territories for the establishment of SBA’s and BMC’s.
B) State Biodiversity Boards (SBB)
The establishment of SBB’s is a mandate mentioned in Section 22 of the BDA and hence 29 States in India have constituted SBB’s[31]. So also in 9 Union Territories Biodiversity Councils (UTBC’s) were established[32]. Like NBA, it is also a body corporate having a common seal and perpetual succession. It is also having he power to acquire, hold and dispose both movable and immovable properties and the capacity to enter into contract and to sue and be sued. The SBA consists of a Chairperson, who shall be a person of eminence and having sufficient knowledge and experience in the matters relating to conservation, sustainable use and equitable sharing of benefits of biodiversity. Along with him there are five ex offico members to represent the concerned State Governments Departments. It also includes not more than five members belongs to the category of experts in matters relating to conservation, sustainable use and equitable sharing of benefits of biodiversity[33].
The Chairperson and non-official members are appointed for a period of three years[34]. The SBB shall meet at least four times in a year normally after a period of three months[35]. The major function of the SBB are to provide advice to concerned State Governments in matters relating to conservation, sustainable use and equitable sharing of benefits of biodiversity; regulation of granting of approvals and commercial utilisation or bio-survey and bio-utilisation of any biological resource by Indians; and to perform any other functions assigned to it[36]. The Kerala Biological Diversity Rules, 2008 incorporates all the functions of NBA to SBB to with some modifications which is provided in Rule 12 of Biological Diversity Rules, 2004[37]. Since there 29 SBB’s and 9 UTBC’s, there are chances of disputes between SBB’s or UTBC’s with NBA, in such cases the matter should be submitted to the Central Government. In case there arise any dispute between SBB’s or UTBC’s, the same shall be referred to the NBA[38].
C) Biodiversity Management Committee (BMC)
The Section 41 of the BDA mandates all the local governments to establish a BMC within its jurisdictional area. The BDA is envisaged for, “promoting conservation, sustainable use and documentation of biological diversity including preservation of habitats, conservation of land races[39], folk varieties[40] and cultivars[41], domesticated stocks and breeds of animals and microorganisms and chronicling of knowledge relating to biological diversity”[42]. Every BMC’ consists of a Chairperson and not more than 6 members and among the members at least one third should be women and not less than 18 % should belong to SC’s/ST’s[43]. Every such BMC will function for a period of five years or co-terminus with the concerned local body[44]. In a year BMC’s should meet at least four times in a year normally after a period of three months[45]. The concerned MLA’s and MP’s will be the special invitees to the meetings of BMC. It is to be noted that the NBA and SBB while taking any decision relating to the use of biological resources and knowledge, having a duty to consult with BMC in whose jurisdiction such resources occurring. The BMC is empowered to, “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”[46].
As per the BD Rules, 2004, the major function of BMC is the preparation of People’s Biodiversity Register (PBR) after consulting with the concerned local people. This register contains comprehensive information’s about availability and knowledge of local biological resources, its medical and other uses and the traditional knowledge associated with its. The BMC is also mandated to, “specify the form of the People’s Biodiversity Registers, and the particulars it shall contain and the format for electronic database”. BMC is the custodian of PBR and the entries will be validated by concerned BMC. The NBA and SBB will provide the required guidance and support for the preparation of PBR[47]. The BMC is also having an advisory function on the matters specifically referred to it by SBB and NBA in connection with approval, data about the local vaids and practitioners using the biological resources. The BMC’s are also maintain, “a Register giving information about the details of the access to biological resources and traditional knowledge granted, details of the collection fee imposed and details of the benefits derived and the mode of their sharing”[48].
In order to ensure effective functioning of BMC’s at local level, in 2013, the NBA has developed a Guidelines for Operationalization of Biodiversity Management Committees (BMCs). As per this Guidelines, the BMCs should also focus their work to ensure:
- “Conservation and sustainable utilization of biological resources
- Eco‐restoration of the local biodiversity
- Proper feedback to the SBB in the matter of IPR, Traditional Knowledge and local Biodiversity issues, wherever feasible and essential feedback to be provided to the NBA.
- Management of Heritage Sites including Heritage Trees, Animals/ Micro-organisms etc., and Sacred Groves and Sacred Water bodies.
- Regulation of access to the biological resources and/ or associated Traditional Knowledge, for commercial and research purposes.
- Sharing of usufructs arising out of commercial use of bio‐resources
- Conservation of traditional varieties/breeds of economically important plants/animals. Biodiversity Education and Awareness building.
- Documentation, enable procedure to develop bio‐cultural protocols.
- Sustainable Use and Benefit Sharing
- Protection of Traditional Knowledge (TK) recorded in PBR”[49].
- The BMC’s are also supposed to prepare an Action Plan focussing on conservation of bio-resources; training needs; list of potential items for consideration of registration as Geographical Indicators; and a micro plan for sustainable use of local biodiversity including medicinal plants and associated TK[50]”.
As on 04th January, 2022, about 276690 BMC’s were constituted by different local bodies all over India. The State wise list[51] are as follows:
Table 1: Total Number of Biodiversity Management Committees in States
| Sl. No. | Name | Total Number |
| 1. | Andhra Pradesh | 14157 |
| 2. | Arunachal Pradesh | 1806 |
| 3. | Assam | 2549 |
| 4. | Bihar | 9101 |
| 5. | Chhattisgarh | 12004 |
| 6. | Goa | 205 |
| 7. | Gujarat | 14356 |
| 8. | Haryana | 6435 |
| 9. | Himachal Pradesh | 3371 |
| 10. | Jharkhand | 4684 |
| 11. | Karnataka | 6554 |
| 12. | Kerala | 1200 |
| 13. | Madhya Pradesh | 23557 |
| 14. | Maharashtra | 28649 |
| 15. | Manipur | 2260 |
| 16. | Meghalaya | 6468 |
| 17. | Mizoram | 894 |
| 18. | Nagaland | 1238 |
| 19. | Odisha | 7256 |
| 20. | Punjab | 13599 |
| 21. | Rajasthan | 11698 |
| 22. | Sikkim | 196 |
| 23. | Tamil Nadu | 13604 |
| 24. | Telangana | 13461 |
| 25. | Tripura | 1264 |
| 26. | Uttarkhand | 7991 |
| 27. | Uttar Pradesh | 59407 |
| 28. | West Bengal | 3830 |
| Total (A) | 271794 |
Table 2: Total Number of Biodiversity Management Committees in Union Territories
| Sl. No. | Name | Total Number |
| 1. | Andaman & Nicobar Islands | 71 |
| 2. | Chandigarh | 1 |
| 3. | Daman & Diu | 44 |
| 4. | Delhi | 4 |
| 5. | Jammu & Kashmir | 4666 |
| 6. | Ladakh | 100 |
| 7. | Lakshadweep | 10 |
| 8. | Puducherry | 0 |
| Total (B) | 4896 | |
| Total(A+B) | 276690 |
The BMC’s among the other agencies under BD Act is the most important agency for the implementation of BD Act. These Committees are vested with enormous responsibilities in connection with biodiversity and the fulfilment of these responsibilities are the keystone to realise the solemn objectives of ensuring conservation and sustainable use of biodiversity in India.
Biodiversity Act, 2002 and its Rules: A Critical Appraisal
The BD Act is considered as a milestone in the history of India for the conservation and sustainable use of biodiversity. It is to be noted that, the BD Act fully came into force from 2004, i.e. a decade after the ratification made by India in the Convention on Biodiversity. The Act and the rules were created only after several rounds of negotiations with stakeholders. Though the provisions of the Act and its Rules are progressive, there are several imperfections such as:
a) Over Emphasis of Commercial Use: One of the major criticism against this Act is its major focus is not conservation of biodiversity rather it lays more emphasis on commercial use of biological diversity[52].
b) Privatisation of Natural Resources: The Act regulates obtaining of IPR for biological resources except human genetic materials. Those who are complying with the regulation are entitled to obtain an IPR over biological resources. This will lead to a situation of private ownership of biological resources which may adversely affect the interests of this generation and future generations[53]..
c) Differential treatment between Resident Indians and NRI’s: The provisions of the Act provide a differential treatment on the basis of citizenship and residential status. However it is to be noted that, the fundamental rights guaranteed in the Constitution are available to all citizens irrespective of their residential status and certain fundamental rights are available to non-citizens also. Hence, such a classification made by the BD Act may invite an attack on the basis of Constitutional provisions[54].
d) Restriction based on Foreign Participation: The BD Act put a restriction on those entities incorporated or registered in India if there is non-Indian participation in its share capital or management, however small such share capital and irrespective of their decision making power. Being large entities it is difficult to ensure that not even a single percent of holders of share capital is a non-Indian and sometimes big entities are bound to accept non-Indian holders for their prospect. In such a scenario, the said provision of the Act impose unnecessary restrictions on such entities[55]..
e) Free Hand to Indian Corporates: The BD Act presumes that, the Indian Corporates are not a threat to biodiversity and hence does not provides adequate provisions to check there activities. Because the Act says they need to give only a prior intimation to SBB for the commercial use of bio-resources, rather than ‘permission’ from the National Biodiversity Authority as in the case of foreigners.
f) Absence of Local Representation in NBA & SBB: Though the Act says about including 5 members from experts relating to biodiversity related matters, it does not open any room for representation from local communities and ST’s.
g) Limited Role of SBA’s: Another major drawback of the Act is that, the Act establishes State Biodiversity Authorities; however their role is very limited to the extent of giving advisory services. Since they are the apex bodies in a state, they could have been given sufficient authority to address the issues relating to conservation and management of biological diversity.
h) Absence of Biodiversity Related Offences: Another major lacunae is the absence of clear provisions relating to biodiversity offences and related arrest, search and seizure of articles. Power to Take Cognisance: It is to be noted that, magistrate can take cognizance related to an offence under the Act only by way of a complaint made by an approved officer[56]. However as per Criminal Procedure Code, 1973 a magistrate can take cognizance based on a complaint; based on police reports; on receiving information’s from any person or suo moto[57]. Thus the BD Act restrict the power of magistrate to take cognizance on biological diversity related offences by requiring a complaint from approved officer.
i) Misuse of PBR: It is argued that, the Biodiversity Rules establishes a Peoples Biodiversity Register consisting of information’s about biological resources, this may be misused by unscrupulous entities as this Register and information’s are publically available.
j) Non- Recognition of Informal Traditional Knowledge: Protection of traditional knowledge through intellectual property rights framework is a very complex task. In most of the cases the informal knowledge possessed by local people will not entitled to get IPR protection. So also the emerging indigenous knowledge also are outside the scope of IP protection. The BD Act does not contain any provision to deal with the informal knowledge available with indigenous people and local communities.
k) No Penalties for Research Institutes: As per the provisions of the Act, persons and companies will be liable for the contravention of the provisions of the Act[58]. However, it does not include Research Institutes, though such Institutes have the potential to violate the provisions of the Act.
l) No Proactive Role on BMC’s: As per the BD Rules, 2004, the BM’s are empowered to provide advice of guidance to NBA or SBB only on a request form such NBA or SBB. Thus even if a matter directly come under a BMC, they can’t direct give any guidance or advice to NBA or SBB, they have to wait for a formal request. Moreover, the advice or guidance given by BMC’s are not binding on NBA or SBB[59].
m) Limited Role of BMC’s in case of Misappropriation: The BD Act and its rules are silent about the role of BMC’s in case of a situation where there is a misappropriation or commercial utilisation of a traditional knowledge or biological resources of a community without due consultation or benefit sharing.
It is to be noted in this context that, the BDA is not establishing a comprehensive regime for the conservation of biodiversity rather it focuses on the issues relating to access to biological resources[60]. It is because, the Act is enacted in response to increasing incidents of bio piracy and to cope up with the international developments in this regard. Another reason for giving less attention towards biodiversity conservation in the BDA, may because of the existence of several legislations such as Forest Act, Wildlife Protection Act, Air Act, Water Act, etc. for ensuring conservation and sustainable use of different components of biodiversity. However, whatever be the imperfections, the BD Act has given a new direction in the Country for the conservation and management of biological resources. Subsequently, due to the influence of BDA, the Central Government has adopted several polices including National Environment Policy (NEP), 2006; National Biodiversity Action Plan 2008 (NBAP); Strategic Plan for Biodiversity 2011-2020 and Aichi Biodiversity Targets; National Agroforestry Policy, 2014; National Policy on Marine Fisheries, 2017; etc.
Conclusion
Indian society is very conscious about the conservation and management of biodiversity. However, the quest for development and improvement of amenities have overthrown the environment and biodiversity concerns. Hence, realizing the need for developing a specific legal framework for the conservation and management of biodiversity as well as to deal with traditional knowledge and commercial use of biological resources, the Indian Government has introduced the Biodiversity Act, 2002. This Act also domestically incorporated the obligations and aspirations contained in the International Convention on Biodiversity, 1992. The Central Government have constituted National Biodiversity Authority and State Governments have constituted State Biodiversity Boards and Biodiversity Management Committees as per the provisions of this Act to deal with various matters related to biodiversity. Though the Act and its Rules have developed a specific framework for dealing with the matters of biodiversity, it lays more emphasis on the regulation of commercial utilisation and benefit sharing rather than the conservation. The legal frameworks are primarily meant for regulating the conduct of human behaviour in a particular way to achieve certain specific objectives. Being the specific legal framework to deal with conservation and management of biodiversity, the BD Act also has a huge significance in regulating the behaviour of human beings.
Author(s):
Aneesh V. Pillai, Assistant Professor, School of Legal Studies, Cochin University of Science and Technology, Kerala.
References:
[1] Hereinafter Referred to as BD Act
[2] Section 2(b)
[3] Section 2(c)
[4] Section 2 (o)
[5] Section 3
[6] As per Section 2 (30) of Income-tax Act, 1961
[7] Section 3(2)
[8] Section 4
[9] Section 5
[10] Section 6
[11] Section 55
[12] Section 7
[13] Section 55
[14] Section 36
[15] Section 38
[16] Section 39
[17] Section 40
[18] Section 48
[19] Section 37
[20] Sections 42 & 43
[21] Section 9
[22] Section 8
[23] Section 8
[24] Rules 4 & 6
[25] Rule 10
[26] Section 13
[27] R. 11
[28] Section 18.
[29] See Rules 16, 17, 18 & 19
[30] Section 52
[31] See the Official Website of NBA, http://nbaindia.org/text/13/StateBiodiversityBoards.html, last visited on 25.01.2022.
[32] See the Official Website of NBA, http://nbaindia.org/content/826/74/1/omuts.html, last visited on 25.01.2022.
[33] Section 22
[34] Kerala Biological Diversity Rules, 2008, Rules 4 & 6
[35] Rule 11
[36] Section 23
[37] Rule 12 of Kerala BD Rule.
[38] Section 50
[39] Section 41 Expl. (c) “landrace” means primitive cultivar that was grown by ancient farmers and their successors.
[40] Section 41 Exp. (b) “folk variety” means a cultivated variety of plant that was developed, grown and exchanged informally among farmers;
[41] S. 41 Expl. (a) “cultivar” means a variety of plant that has originated and persisted under cultivation or was specifically bred for the purpose of cultivation
[42] Section 41
[43] Rule 22
[44] See, Guidelines for Operationalization of Biodiversity Management Committees (BMCs) issued by National Biodiversity Authority, available at http://nbaindia.org/uploaded/pdf/Guidelines%20for%20BMC.pdf, last visited on 20.01.2022.
[45] Ibid.
[46] Section 41
[47] Rule 22 of 2004 BD Rules
[48] Ibid.
[49] See, Guidelines for Operationalization of Biodiversity Management Committees (BMCs) issued by National Biodiversity Authority, available at http://nbaindia.org/uploaded/pdf/Guidelines%20for%20BMC.pdf, last visited on 20.01.2022.
[50] Ibid.
[51] Official Website of NBA, http://nbaindia.org/content/20/35/1/bmc.html, last visited on 20.01.2022.
[52] See generally, Sanjeev Kumar, “Biodiversity Act 2002: A Critical Analysis”, International Journal for Legal Research & Analysis, 1(1), 2020, 160-167; Sukdeb Das, Biodiversity In India – A Critical Analysis Within The Preview of the Biological Diversity Act, 2002, Ph D Thesis submitted to The University Of Burdwan, 2012, available at https://citeseerx.ist.psu.edu/viewdoc /download?doi=10.1.1.999.837&rep=rep1&type=pdf, last visited on 20.01.2022; Punam Singh, “Critical Review of Biological Diversity Act, 2002”, available at https://www.academia.edu/242307/Critical_Review_of_ Biodiversity_Act_2002, last visited on 20.01.2022; S. Kannaiyan, “An Overview on Biological Diversity Act – 2002”, available at http://nbaindia.org/ uploaded/docs/biological-diversityact-ii.pdf, last visited on 20.01.2022; See, “Implementation of Biological Diversity Act in India : An Overview with Case Studies”, available at https:// www.rcdcindia.org/PbDocument/ 81a3eb27083118c-0e2b-4105-948f, last visited on 20.01.2022; Flavia Lopes, “Biodiversity Act Amendments Shift Focus From Conservation To Commercial Exploitation: Experts”, available at https://www.indiaspend.com/ earthcheck/biodiversity-act-amendments-shift-2693, last visited on 20.01.2022; See, “A Critique of the Biodiversity Act: Legal Loopholes and Suggestions”, available at https://advocatespedia. com/A_Critique_ of_the_Biodiversity_Act:_Legal_Loopholes_and_Suggestions, last visited on 20.01.2022; Arundhati Kulkarni, “Biodiversity and Sustainable Development: A Critical Analysis”, International Journal of Scientific & Engineering Research, 3(4) (2012) 1-9; Zubair Ahmed Khan, Protection Of Biodiversity in India And Bangladesh: A Legal Perspective, 2016 ILI Law Review, 223-235; Purnima Duarah Saikia, “Biological diversity act, 2002 – An analysis”, 2016 International Journal of Multidisciplinary Research and Development, 3(7), 44-46.
[53] Ibid.
[54] Ibid.
[55] Ibid.
[56] Section 61
[57] Section 190, Criminal Procedure Code, 1973
[58] Sections 55, 56 & 57
[59] Ibid.
[60] Ibid.