India's Union Ministry of Environment and Forests
has come up with some strongly-worded draft legislation on biodiversity
aimed at preventing biopiracy of its resources. The proposed Biological
Diversity Act aims to check the runaway theft of the country's genetic
wealth, and also to ensure that that both domestic and foreign users
of this wealth do so in a manner which is sustainable and fair.
The proposed Act is designed to turn the spirit of the Convention
of Biological Diversity into a national instrument with real teeth.
It aims to achieve three things: conservation of biodiversity, sustainable
use of biological resources, and equitable sharing of benefits arising
from such use. To this end, the Act:
1. Prohibits transfer of Indian genetic material
outside the country, without specific approval of the Indian Government;
2. Stipulates that anyone wanting to take a patent
or other intellectual property right (IPR) over such material,
or over related knowledge, must seek permission in advance;
3. Provides for the levying of appropriate fees
and royalties on such transfers and IPRs;
4. Regulates access to such material by Indian
nationals also, to ensure that there is some control over over-exploitation
(eg of medicinal plants), and that there is some sharing of benefits
to all concerned parties;
5. Provides for measures to conserve and sustainably
use biological resources, including habitat and species protection,
conservation in gene banks, environmental impact assessments of
all projects which could harm biodiversity, and so on;
6. Empowers local communities to have a say in
the use of resources and knowledge within their jurisdiction,
and to enter into negotiations with parties who want to use these
resources and knowledge;
7. Provides for the development of appropriate
legislation or administrative steps, including registration, to
protect indigenous and community knowledge;
8. Empowers governments to declare Biodiversity
Heritage Sites, as areas for special measures for conservation
and sustainable use of biological resources;
9. Stipulates that risks associated with biotechnology
(including the use of genetically modified organisms), will be
regulated or controlled through appropriate means;
10. Provides for the designation of repositories
of biological resources, at national and other levels.
The Act proposes to set up bodies at three levels
(national, state and local), to carry out the above functions. Importantly,
the Act provides citizens with the power to approach courts if they
detect violations. Practical implementation will be a minefield
if the bill makes it through parliament, but the Act presents a
bold step by a national government to take the issues of biodiversity
conservation and sustainable use seriously and to take steps towards
addressing the thorny issues involved.
For more information, contact Ashish Kothari, Kalpavriksh,
Apt. 5, Shree Dutta Krupa, 908 Deccan Gymkhana, Pune 411004, India.
Tel and Fax: (91-212) 35 42 39, Email: [email protected]
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