4.4 The Biological Diversity Act, 2002
The National Biological Diversity Act
23 which was passed by the Parliament in
2002, after a process of consultation of stakeholders, provides provisions for regulated access to biological resources by bonafide end-users for various purposes
including scientific research, commercial activities and sustainable use of
non-timber forest produce. The Act provides for conservation of biological diversity, sustainable use of its components and equitable sharing of benefits arising out
of the use of biological resources. This Act is implemented through three functional
bodies viz., NBA at the national level, State Biodiversity Boards
24 (SBBs) in
different states and Biodiversity Management Committees (BMCs) at the level of
local community (Panchayat). At the national level, NBA is responsible for decisions pertaining to access and benefit sharing (ABS), approval for access to and
transfer of biological resources, results or technology of scientific research to foreign citizens, companies or non-resident Indians and several other matters related to
conservation of India’s biodiversity.
25
The Act insists upon appropriate benefit sharing under mutually agreed terms
related to access and transfer of biological resources or knowledge occurring in or
obtained from India for various purposes. Biodiversity heritage sites have been
recognized under the law which should include both wild and domesticated biodiversity and human cultural relations with such biodiversity. It is the duty of the
State government under the Act to relocate people who have been depending on
their living with the production from forest as forest are now protected area.
4.5 Forest Rights Act (FRA), 2006
The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest
Rights) Act, 2006,
26 is a key piece of forest legislation passed in India. The law is
concerned with the rights of forest-dwelling communities to land and other resources
who are denied over decades certain benefits and rights as a result of the continuance
of colonial forest laws in India. Under this law, the rights of people living in or
depending on the area to be declared as a forest or protected area are to be “settled”
by a “forest settlement officer.” The issue is of crucial importance considering that
forest landscapes cover over 23 % of the country and affect the livelihoods of around
200 million citizens, or 20 % of the population in our democratic polity. The basic
requirement under the Act is that the officer who is appointed should enquire into the
23
Act no. 18 of 2003.
24
Authorities established under section 8 of National Biological Diversity Act, 2002.
25
K. Venkataraman, ‘Intellectual Property Right, Traditional Knowledge and Biodiversity of
India’, Journal of Intellectual Property Rights, vol. 13, July 3013, pp. 326–335 at p. 326.
26
Act No. 2 of 2007.
A Critical Analysis of Law Relating to Biodiversity …
127
The National Biological Diversity Act
23 which was passed by the Parliament in
2002, after a process of consultation of stakeholders, provides provisions for regulated access to biological resources by bonafide end-users for various purposes
including scientific research, commercial activities and sustainable use of
non-timber forest produce. The Act provides for conservation of biological diversity, sustainable use of its components and equitable sharing of benefits arising out
of the use of biological resources. This Act is implemented through three functional
bodies viz., NBA at the national level, State Biodiversity Boards
24 (SBBs) in
different states and Biodiversity Management Committees (BMCs) at the level of
local community (Panchayat). At the national level, NBA is responsible for decisions pertaining to access and benefit sharing (ABS), approval for access to and
transfer of biological resources, results or technology of scientific research to foreign citizens, companies or non-resident Indians and several other matters related to
conservation of India’s biodiversity.
25
The Act insists upon appropriate benefit sharing under mutually agreed terms
related to access and transfer of biological resources or knowledge occurring in or
obtained from India for various purposes. Biodiversity heritage sites have been
recognized under the law which should include both wild and domesticated biodiversity and human cultural relations with such biodiversity. It is the duty of the
State government under the Act to relocate people who have been depending on
their living with the production from forest as forest are now protected area.
4.5 Forest Rights Act (FRA), 2006
The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest
Rights) Act, 2006,
26 is a key piece of forest legislation passed in India. The law is
concerned with the rights of forest-dwelling communities to land and other resources
who are denied over decades certain benefits and rights as a result of the continuance
of colonial forest laws in India. Under this law, the rights of people living in or
depending on the area to be declared as a forest or protected area are to be “settled”
by a “forest settlement officer.” The issue is of crucial importance considering that
forest landscapes cover over 23 % of the country and affect the livelihoods of around
200 million citizens, or 20 % of the population in our democratic polity. The basic
requirement under the Act is that the officer who is appointed should enquire into the
23
Act no. 18 of 2003.
24
Authorities established under section 8 of National Biological Diversity Act, 2002.
25
K. Venkataraman, ‘Intellectual Property Right, Traditional Knowledge and Biodiversity of
India’, Journal of Intellectual Property Rights, vol. 13, July 3013, pp. 326–335 at p. 326.
26
Act No. 2 of 2007.
A Critical Analysis of Law Relating to Biodiversity …
127