Friday, 11 February 2022

biological diversity act

 Biological Diversity Act, 2002.

India by virtue of being of the Parties to the Convention on Biological Diversity had the legal

obligation to give effect to the CB0 provisions. Consequently, it enacted the Biological

Diversity Act, 2002 (BDA) to meet CBD objectives of conserving biological diversity.

Definitions- BDA defines biological resources under S.2(6) to include "plants, animals and microorganisms,their genetic material and by-products with actual or potential use or value. but excludes human genetic material. It defines biodiversity from the point of view of variability present in all sources relating to living organisms and their "ecological comolexes" and encompasses diversity within and between species Commercial utilisation has been defined as using biological resource for inter all a rugs, fragrances, emulsifiers but excludes agriculture, dairy farming, amongst others given under S.2(f). Local bodies- means Panchayats and Municipalities within the meaning of 243B(1) and 243Q(2) of the Constitution. 

Authorities-Three-tier structure

Section 8 and Section 22 of the BDA stipulates the establishment of National Biodiversity

Authority (NBA) State Biodiversity Authority (SDA) respectively. Along with this, the BDA

mentions "local bodies" to include Panchavats and Municipalities under S. 2(h) of the Act . Therefore, the Act's conceives of a three tiered system: the NBA operating at the national

level. SBA operating at the state level and the local bodies at the local level. However, at the local level, the act does not mandate the constitution of a body or stipulates its powers and duties. The Act mentions the Biodiversity Management Committees but in reality, these

committees are largely absent in India.

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