Legal Framework for Conservation of Biodiversity in India

Abstract

AbstractIndia being a signatory to the Convention on Biological Diversity (1992) owed an obligation to upkeep its legislative, executive, and judicial mechanism to perform its threefold objectives, i.e. conservation, sustainable use of biological resources, and sharing fair and equitable benefits arising out of the use of resources. Being the pioneers of framing biological diversity laws to protect its biological diversity, India emerged as a global biodiversity leader. The preamble to the Biological Diversity Act (2002) reiterates the commitment of the Government of India to protect and preserve its natural resources. The chapter discusses the legal aspects of conservation and sustainability of biological resources on Indian soil. It further stipulates the framework for ensuring compliance with the principle of fair and equitable benefit sharing through its access to the benefit-sharing mechanism. The significance of scientific research and technology in conservation and sustainable use of biological resources have been precisely elaborated in the chapter with the help of relevant provisions. The chapter gives a bird’s eye view of the legal implications of the Biological Diversity Act (2002) on the research fraternity working in the sciences., law and other relevant disciplines. It elaborates the procedure of accessing the biological resources and also provides critical insights highlighting the grey areas for proper implementation of the Act and realization of its objectives to conserve and ensure sustainable use of the biological wealth of India.KeywordsAccessAccess to benefit sharingBiological resourcesCommercial utilizationConvention on biological diversity (CBD)Foreign nationalIntellectual property knowledgeNational biodiversity authority (NBA)ResearchResultsTraditional knowledgeSustainable use