India Bio Diversity
BIODIVERSITY AN OVERVIEW
Biodiversity encompasses the
variety of all life on earth. India is one of the 12-mega diverse
countries of the world. With only 2.5% of the land area, India already
accounts for 7.8% of the global recorded species. India is also rich in
traditional and indigenous knowledge, both coded and informal.
India is a Party to the
Convention on Biological Diversity (1992).Recognizing the sovereign
rights of States to use their own biological resources, the Convention
expects the parties to facilitate access to genetic resources by other
Parties subject to national legislation and on mutually agreed upon
terms (Article 3 and 15 of CBD). Article 8(j) of the Convention on
Biological Diversity recognizes contributions of local and indigenous
communities to the conservation and sustainable utilization of
biological resources through traditional knowledge, practices and
innovations and provides for equitable sharing of benefits with such
people arising from the utilization of their knowledge, practices and
Biodiversity is a
multi-disciplinary subject involving diverse activities and actions.
The stakeholders in biological diversity include the Central
Government, State Governments, institutions of local self-governmental
organizations, industry, etc. One of the major challenges before India
lies in adopting an instrument ,which helps realise the objectives of
equitable sharing of benefits enshrined in the Convention on Biological
After an extensive and
intensive consultation process involving the stakeholders, the Central
Government has brought Biological Diversity Act,2002 with the following
regulate access to biological resources of the country with the
purpose of securing equitable share in benefits arising out of the use
of biological resources; and associated knowledge relating to
to conserve and sustainably use biological diversity;
to respect and protect knowledge of local communities related to biodiversity;
to secure sharing of benefits with local
people as conservers of biological resources and holders of knowledge
and information relating to the use of biological resources;
development of areas of importance from the standpoint of biological
diversity by declaring them as biological diversity heritage sites;
protection and rehabilitation of threatened species;
involvement of institutions of state
governments in the broad scheme of the implementation of the Biological
Diversity Act through constitution of committees.
The International Day for
Biological Diversity (or World Biodiversity Day) is an UN-sanctioned
international holiday for the promotion of biodiversity issues. It is
currently held on May 22.
Recently, the Millennium Ecosystem Assessment (MA), indicated that
climate change is likely to become the dominant direct driver of
biodiversity loss by the end of the century. Current climate change
estimates predict increases in temperatures of 1.4°C to 5.8°C by 2100.
This will affect species in several ways such as: changes in
distribution; increased extinction rates; changes in reproduction
timings; and changes in length of growing seasons for plants
From its creation by the
Second Committee of the UN General Assembly in 1993 until 2000, it was
held on December 29 to celebrate the day the Convention on Biological
Diversity went into effect. In December 2000, the date was shifted to
commemorate the adoption of the Convention on May 22, 1992 at the Rio
Earth Summit, and partly to avoid the many other holidays that occur in
The rich variety of life on Earth has always had to deal with a
changing climate. However, the unprecedented pace of change we are
presently experiencing is so rapid that a great number of species can
not adapt fast enough to the new conditions, or move to regions more
suited for their survival due to habitat fragmentation. In fact, recent
estimates show that up to a million species may become extinct as a
result of climate change.
On the positive side, biodiversity can help to reduce the
effects of climate change on the world’s population and ecosystems.
Indeed, the links between biodiversity and climate change run both
ways: biodiversity is threatened by climate change, but biodiversity
resources can reduce the impacts of climate change. It is therefore
crucial to conserve biodiversity that is especially sensitive to
climate change, preserve habitats so as to facilitate the long-term
adaptation of biodiversity, improve our understanding of climate change
and biodiversity linkages, and fully integrate biodiversity
considerations into mitigation and adaptation improved. This
constitutes plans. If the threats of biodiversity loss and climate
change are tackled together, the prospects for adapting successfully to
the challenges of the coming decades will be very much the overall
message for this year’s celebration of the International Day for
The National Biodiversity Authority established in 2003 by the
Government of India to regulate, conserve and sustainable use of
bioresources of India through the Biological Diversity Act, 2002 lists
what has been done throughout the years to celebrate the International
Day for Biological Diversity and informs CBD. Hence you are requested
to kindly inform National Biodiversity Authority on the activities made
during the World Biodiversity Day to the Secretary, NBA (firstname.lastname@example.org)
BIOLOGICAL DIVERSITY ACT 2002 AND ESTABLISHMENT OF NATIONAL BIODIVERSITY AUTHORITY ,CHENNAI
ndia is party to the Convention on Biological Diversity
(CBD) 1992 which recognizes the sovereign rights of states to use their
own Biological Resources. In order to help in realizing the objectives
of CBD, India has enacted an umbrella legislation called the
biological Diversity Act 2002(No.18 of 2003) aimed at conservation of
biological resources and associated knowledge as well as facilitating
access to them in a sustainable manner and through a just process.
In exercise of the powers conferred by Sub-Section (1) (4) of
Section 8 of the Biological Diversity Act, 2002 (18 of 2003), the
Central Government has established a body called the National
Biodiversity Authority, on and from the 1st day of October,
2003. The main functions of the Authority are :
a) To lay down procedures and guidelines to govern the activities
provided under Section 3, 4, and 6. (Permission to
foreigners/NRI’s foreign companies)
i)For obtaining any biological resource (Section -3).
ii)For transferring the results of any research (Section -4).
iii)Certain collaborative research projects exempted (Section 5).
b) To advice the Government of India. Specific areas mentioned as per the Act are the following:
i)Notifications of threatened species (Section -38).
ii)Designate institutions as repositories for different categories of biological resources (Section -39).
iii)Exempt certain biological resources, normally traded as commodities (Section -40)
c) To encourage setting up State Biodiversity Boards
d) To build up database and documentation system
e) To creat awareness through mass media
i. Training of personnel
ii. Necessary measures in the areas of Intellectual Propriety Rights.
For details on the
Biological Diversity Act 2002 and the Rules and various
notifications ,formats etc prescribed under the Act , please browse( www.nbaindia.org)
SALIENT PROVISIONS OF BIOLOGICAL DIVERSITY ACT, 2002
Section - 3: All foreign national require approval from NBA for obtaining Biological Resources.
Section - 4: Indian individuals/entities to seek approval before transferring
knowledge / research and material to foreigners.
Section - 5: Guidelines for Government sponsored collaborative research projects.
Section - 6: Prior approval of NBA
before applying for any kind of IPR based on research conducted on
biological material and or associated knowledge obtained from India.
Section - 7: Indians required to provide
prior intimation to State Biodiversity Boards for obtaining
biological material for commercial purposes. SBB can regulate such
Growers and cultivators of Biological Diversity and vaids and hakims who are practicing Indian system of medicines and local people exempted.
Section - 8: Establishment of NBA, its composition.
Section - 13: Committees of NBA
Section - 18: Functions and powers of NBA
Section - 19: Approval by the NBA
Section - 21: Determination of equitable benefit sharing by NBA
Section - 22: Establishment of State Bio-diversity Boards
Section - 23: Function of the State Bio-diversity Boards
Section - 24: Powers of State Bio-diversity Boards
Section - 26 : National Biodiversity Fund
Section - 32: State Bio-diversity Fund
Section - 36: Central Government to develop National strategies, plans etc. for conservation of biodiversity.
Section - 36: (1A): Central Government
to issue direction to State Governments to take corrective measures
for conservation of biodiversity
Section - 36 (3)(i): Impact assessment of developmental projects on biodiversity
Section - 36 (3)(ii): Regulate release of GMOs
Section - 36 (4): Measures for protecting the traditional knowledge
Section - 37: Biodiversity heritage sites
Section - 38: Notifications of threatened species
Section - 39: Designation of repositories
Section - 40: Exemption for normally traded commodities from purview of the act.
Section - 41: Establishment of Biodiversity Management Committees by local bodies.
Section - 42: Local Biodiversity Fund
Section - 52 A: Appeals to High Court on the decision of NBA / SBB
Section - 53 B: Orders of NBA / SBB at par with civil courts.
Section - 55: Penalties - imprisonment upto 5 years and or afine of 10 lakhs or to the extent of damage caused.
Section - 59: Act to have effect in addition to other Acts
Section - 61: Cognizance of offences
Section - 62: Power of Central Government to make Rules
Section - 63: Power of State Government to make Rules
Section - 64: Power to make regulations
Section - 65: Power to remove difficulties