Biological Diversity Act, 2002
The Convention on Biological Diversity (CBD) was inspired by the world community’s growing commitment to sustainable development. It represented a step forward in the conservation of biological diversity, the sustainable use of its components, and the fair and equitable sharing of benefits arising from the use of genetic resources. In pursuance to the Convention on Biological Diversity (CBD), to which it was a signatory, India enacted the Biological Diversity Act in 2002 following a widespread consultative process over a period of eight years. The Biological Diversity Rules were notified thereafter in 2004. The Act gives effect to the provisions of the CBD. It also addresses access to biological resources and associated traditional knowledge to ensure equitable sharing of benefits arising out of their use to the country and its people. It included provisions like prohibition on transfer of Indian genetic material outside the country without specific approval of the Indian Government; prohibition on anyone claiming an Intellectual Property Right (IPR), such as a patent, over biodiversity or related knowledge, without the permission of the Indian Government; regulation of collection and use of biodiversity by Indian nationals, while exempting local communities from such restrictions; measures for sharing the benefits from the use of biodiversity, including the transfer of technology, monetary returns; measures for sharing the benefits from the use of biodiversity, including the transfer of technology, monetary returns; Setting up of Biodiversity Management Committees (BMC) at local, village and urban levels, State Biodiversity Boards (SBB) at the state level, and a National Biodiversity Authority (NBA) etc.
Biological Diversity Rules, 2004
The full texts can be found at http://moef.nic.in/division/biodiversity