March 1999 Sprouting up: INDIA'S BIODIVERSITY ACT: A BOLD STEP FORWARD? 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]