- NEED OF THE BIOLOGICAL DIVERSITY ACT, 2002
To make the signed Convention legal, the Indian government had to make an Act and that’s how the Biological Diversity Act,2002 had came into existence. The act provides various legal protocols like Cartegana protocol and Nagoya protocol under the Convention of Biological Diversity (CBD). Overall, we can say that the government had not only signed the CBD but also cartegna protocol and Nagoya Protocol. So, to give a legal perspective to these Protocols and Convention, the government passed the Act. The main difference between Protocols and Convention is that the protocols are signed under the convention, for instance UNFCCC, COMBAT convention these all are the convention which includes protocols for example Quotto protocol, cartegna and Nagoya protocols. Cartegna Protocol is related to bio safety. In this type of protocol, there are various conditions that should be fulfilled. Only after fulfilling all the conditions, the genetically modified insects or organisms would be transferred within different countries. Everything related to bio safety genetically modified organisms is covered under this protocol. Nagoya protocol is related to equitable sharing of benefits, for example if any other country wants to research for the cure of a disease in India and the researcher pound the cure for the disease then he has to give due to India too because that particular Biological resource had taken from India. So, Nagaya Protocol is regarding equitable sharing of benefits arising the use of biological resources.
There are various species that are endangered like white headed duck, green turtle
Vulnerable species like Snow leopard, Indian Rhinoceros
- OBJECTIVES OF THE STUDY-
According to RCDC, the study of Biological Diversity Act 2002 was planned to be done to showcase the success and failure of this Act in the reality. Following are the objectives:
- This study helps in judging the efficacy of the policy at both government and community level.
- It helps in determining the intricacies of other Indian Acts.
- It provides a scope towards holistic use to all relevant laws for the betterment of the targeting groups on biodiversity.
- It expands the scope of bureaucratic role for more improvement in the society.
- To conserve the Biological Diversity.
- To determine the scope of community involvement in the Act.
- To have a fair and equal share of benefit arriving due to the implementation of the act.
- To use the resources and species in a sustainable manner so that it could be witnessed by the future generation too.
- POLICIES MADE IN INDIA FOR THE PROTECTION OF THE BIODIVERSITY-
There are various policies that has been made and implemented by the Indian government to safeguard the Biodiversity and the Environment. As a huge number of plants and animals are going through the extinction of various species, so to protect the wildlife, government of India took various steps and had to make policies for the protection of the endangered species. Following are the various policies:
- Indian Wildlife Protection Act, 1972
- Forest Conservation Act, 1980
- Wildlife Protection Act, 1972
- Indian Forest Act, 1927
- Mining and Mineral Development Regulation Act, 1957
- Fisheries Act 1897
- Prevention of Cruelty to Animals, 1960
- Water (prevention and control of pollution) act 1974.
- PENALTY FOR THE OFFENCES UNDER THE BIOLOGICAL DIVERSITY ACT,2002-
Under the Section 58 of the Biological Diversity Act, 2002 the offences for the biodiversity is a non- bailable and cognizable offence.
Section 61 of the Biological Diversity Act explains that the court shall not take any cognizable offence on any other complaint that is not made by the Central Government or by a benefit claimer and whose only intention is to file a complaint to the aforesaid Central government and had already send a notice to the person for whom the complaint is made for about 30 days.
Section 54 of the Act says that if anything is done with a motive of good faith by any officer either of the Central or state government or by aby member or employee of the National Biodiversity or the State Government then it is the right of that individual to get protected for it and it means that there will be no prosecution or any legal proceedings would be held against them as far as the officer or the member would has a good faith and good intentions.
If anyone violate section 55(1) or sec 3 or sec 4 or sec 6, then he/she would be punished under these sections and would be behind the bars for about five years or could have to give a fine of about ten lakh rupees, the fine would be decided upon the scale of how much the damaged has been caused or both.
Punishment for infringing section 55(2), sec. 7 or any order under sec 24(2), then he/she would face imprisonment for 3 years or fine of 5 lakh rupees or both.
Section 56 of the Act- contravention of orders- if a person infringed the section then he/she would have to pay fine of about one lakh rupees and if the infringing activity still continues then the person have to pay the fine of about two lakh rupees every day during which the default continues.
- Czech Scientists case-
(C.R. Case 48 of 2008 before the Darjeeling Chief Judicial Magistrate)
In the leading case, two Czech scientists came to India in 2008 and the illegally collected various rare insects from the Singhalila National Park, West Bengal. As per the Section 3 and 19 of the Biological Diversity Act, 2002 the two foreigners must have taken permission from the NBA.
The two scientists got charged as they were in the possession of almost 1500 species of butterflies and insects. And they also did not seek any type of permission from the Chief Wildlife Warden to enter into the premises of the National Park and collecting insects which also included some of the endangered insects too. According to Times New Network, 2008 report, one of the scientist got charged for the same of Rs.20,000 and the other scientist was sentenced to 3 years and also got fined of Rs.60,000.
