ENVIRONMENTAL PROTECTION UNDER BIOLOGICAL

BIODIVERSITY ACT, 2002

(A FINAL DRAFT SUBMITTED IN THE FULFILLMENT OF THE COURSE

ENVIRONMENTAL LAW FOR OBTAINING DEGREE OF B.B.A.LL. B (Hons.) –

PROPOSED BY:
NAME: AKASH ANAND
COURSE: B.B.A. LL. B (Hons.)
ROLL NO: 1808
SEMESTER: 7TH

SEPTEMBER, 2020

SUBMITTED TO:
Hrishikesh Manu
Faculty of Environmental law

CHANAKYA NATIONAL LAW UNIVERSITY

NYAYA NAGAR, MITHAPUR, PATNA – 800001

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 DECLARATION BY CANDIDATE

I, Akash Anand, student of Chanakya National Law University hereby declare that the work
reported in the B.A., LL. B (Honrs.) project report titled “Environmental Protecton under
biological biodiversity Act, 2002.” submitted at Chanakya National Law University, Patna is
an authentic record of my work carried out under the supervision of Hrishikesh Manu. I have
not submitted this work elsewhere for any other degree or diploma. I am responsible for the
contents of my Project Report.

Signature of the candidate

Name-Akash Anand

Roll-1808

Course-B.B.A., LL. B Hons., 7th semester.

Session-2017-2022

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 ACKNOWLEDGEMENT

Writing a project is one of the most difficult academic challenges I have ever faced. Though
this project has been presented by me but there are many people who remained in veil, who
gave their support and helped me to complete this project.

First of all I am very grateful to my subject teacher Hrishikesh Manu without the kind support
of whom and help the completion of the project would have been a herculean task for me. He
took out time from his busy schedule to help me to complete this project and suggested me
from where and how to collect data.

I acknowledge my friends who gave their valuable and meticulous advice which was very
useful and could not be ignored in writing the project. I want to convey most sincere thanks
to my faculties for helping me throughout the project.

Thereafter, I would also like to express my gratitude towards our seniors who played a vital
role in the compilation of this research work.

Last, but not the least, I would like to thank the Almighty for obvious reasons.

AKASH ANAND

Roll No. -1808

B.B.A.,LL.B

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 CONTENT

1. ACKNOWLEDGEMENT……………………………………………………………...03

2. DECLARATION………………………………………………………………………..02

3. INTRODUCTION………………………………………………………………………05

4. AIMS AND OBJECTIVES…………………………………….....................................07

5. HYPOTHESIS…………………………………………………………………………..07

6. RESEARCH METHODOLOGY………………………………………………………07

7. SOURCES OF DATA…………………………………………......................................07

8. LIMITATION OF STUDY…………………………………………………………….07

9. IMPLEMENTATION OF BIOLOGICAL DIVERSITY ACT, 2002……………….08

10. POWER, FUNCTIONS & FEATURES OF BIOLOGICAL BIODIVERSITY ACT,

2002…………………………………………………………………………..…………..11

11. DEVELOPMENT IN BIODIVERSITY ACT, 2002

………………………………….14

12. PENALTIES AND OFFENCES OF BIOLOGICAL DIVERSITY ACT, 2002…….17

13. CONCLUSION AND SUGGESTION…………………………………………………19

14.BIBLIOGRAPHY…………………………………………………………21
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 1. INTRODUCTION

The Biological Diversity Act 2002, recently enacted by the Indian parliament, is a significant,
indeed, a pioneering piece of legislation. It responds to a number of new, emerging concerns:
firstly, the result of new developments in technology, in particular, biotechnology and
information technology, and, secondly, the ongoing degradation of the environment,
inevitably accompanied by an erosion of biological diversity. These developments imply that
all organisms, even seemingly insignificant ones like microbes, worms, weeds and mice, are
potentially resources of considerable economic value, worthy of efforts at conservation,
scientific investigation, and of securing rights over the associated intellectual property. This
has prompted the development of two often conflicting international agreements, the Trade
Related Intellectual Property Rights provisions (TRIPS) of GATT and the Convention on
Biological Diversity (CBD). The latter has two notable stipulations. One is the sovereign
right of countries of origin over their genetic and biological diversity resources. The other is
the acceptance of the need to share benefits flowing from commercial utilization of biological
diversity resources with holders of traditional knowledge and practices of conservation and
sustainable utilization of these resources. There is as yet no proper resolution at the
international level of how these will be implemented in view of the fact that the normal
Intellectual Property Rights and TRIPS provisions do not stipulate any sharing of benefits for
holders of knowledge in public domain, nor the sovereign right of countries of origin over
their genetic and biological diversity resources. TRIPS even includes intellectual property
rights over microorganisms and plant varieties. The Biological Diversity Act 2002 is a part of
the Indian attempt to make some progress and to operationalize the two important provisions
of the Convention on Biological Diversity.

India is a Party to the Convention on Biological Diversity (CBD) (1992). Recognizing the
sovereign rights of States to use their own biological resources, the Convention expects the
Parties to facilitate access to genetic resources by other Parties subject to national legislation
and on mutually agreed upon terms (Article 3 and 15 of CBD). Article 8(j) of the Convention
on Biological Diversity recognizes contributions of local and indigenous communities to the
conservation and sustainable utilization of biological resources through traditional
knowledge, practices and innovations and provides for equitable sharing of benefits with such
people arising from the utilization of their knowledge, practices and innovations.

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Biological diversity is fundamental to agriculture and food production. From the millions of
genes that serve as building blocks to the thousands of plants and animals that inhabitant the
earth, almost limitless combinations of organisms that make up natural ecosystems. Under the
contextual reference of modern intensive agriculture demanding many farmers to adopt high
yielding varieties of plants and animals, Biodiversity makes an essential contribution for
feeding the millions of population of the world. When farming communities abandon
diversity, varieties and breeds of animals extinct and the specialized useful traits may be lost.
Agricultural diversity forms an important component for tackling

Over the last century, a great deal of damage has been done to the biodiversity existing on the
earth. Increasing human population, increasing consumption levels, and decreasing efficiency
of use of our resources are some of the causes that have led to overexploitation and
manipulation of ecosystems. Trade in wildlife, such as rhino horn, has led to the extinction of
species. Consequences of biodiversity loss can be great as any disturbance to one species
gives rise to imbalance in others. In this the exotic species have a role to play. To prevent
such loss, the Government of India is setting up biosphere reserves in different parts of the
country. These are multipurpose protected areas to preserve the genetic diversity in different
ecosystems. Till 1999, ten biosphere reserves had been set up, namely Nilgiri, Nandadevi,
Nakrek, Great Nicobar, Gulf of Mannar, Manas, Sunderbans, Similipal, and Dibru Saikhowa.
A number of NGOs are being involved in the programme to create awareness. But legal
protection is provided only to national parks and sanctuaries, which cover about 4.5% of
India’s land area.1

⮚ Method of Research

The researcher has adopted a purely doctrinal method of research. The researcher has made
extensive use of the on-line sources of the Chanakya National Law University and also other
relevant internet sources.

⮚ Sources of Data
1
http://edugreen.teri.res.in/explore/life/what.htm as visited on 26/10/2020 at 10:19p.m.

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The following secondary sources of data have been used in the project-

1. Articles

2. Books

3. Internet

⮚ Method of Writing

The method of writing followed in the course of this research paper is primarily analytical.

⮚ Mode of Citation

The researcher has followed a uniform SILC Mode of citation.

 OBJECTIVES OF THE STUDY

The researcher has done the research:

 To study the regulation of biological biodiversity.

 To study the convention on biological diversity.

 HYPOTHESIS

The researcher states that contact with natural environment enriches the human microbiome,
promotes immune balance and protects from allergy and inflammatory disorders.

IMPLEMENTATION OF BIOLOGICAL BIODIVERSITY ACT, 2002

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Biodiversity is very crucial for the functioning of ecosystems that provide us with various
products like oxygen, food, fresh water, fertile soil and fuel, besides ecological services such
as moderating storms and mitigating climate change, making it possible for millions of
species, including humans to survive on earth.

According to the International Union for Conservation of Nature (IUCN), 17,291 species out
of 47,677, are threatened with extinction. Seventy nine mammalian species out of 5,490 are
‘extinct’, with 188 ‘critically endangered’, 449 ‘endangered’ and 505 ‘vulnerable’. A total of
1,895 out of 6,285 amphibian species are in danger of becoming extinct. As per an IUCN
report, the abundance of species has declined by 40 per cent between 1970 and 2000.

Alongside species extinction, habitats are being destroyed, with lands being converted
indiscriminately for development; there is also spread of invasive alien species, leading to
climate change and pollution. Six million hectares of forest have been lost annually from
2000.

India is home to the Western Ghats and the Northeast Himalayas, two important biodiversity
hotspots out of the world’s 25. The country stands alongside 16 other mega-biodiversity
countries bestowed with 7-8 per cent of the world’s species.

On June 5, 1992, India signed the Convention on Biological Diversity at Rio de Janeiro
which provides a framework for the sustainable management and conservation of our
country’s natural resources.

Ten years later, the Biological Diversity Act was enacted in 2002 in order to conserve
biodiversity, manage its sustainable use and enable fair and equitable sharing benefits arising
out of the use of biological resources with the local communities.

Though 17 years have passed since the enactment of the Act, most of the local bodies of 23
states have not prepared the People’s Biodiversity Registers (PBRs), which are considered to
be the basic records of a region’s biological resources such as plants, animals and the
traditional knowledge of the local people.

In the absence of the PBRs, when the Act is not implemented, whatever environmental
clearances are given for various projects without recording the real state of biodiversity,
results in the environment impact assessment reports becoming illogical and invalid.

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Under the Act, the National Biodiversity Authority (NBA) has been formed and is
headquartered at Chennai. State Biodiversity Boards (SBBs) also have been formed in all
Indian states. But the constitution of the Biodiversity Management Committees (BMCs) at
local levels — in panchayats, municipalities and corporations in many states — is pending,
causing delay in the preparation of PBRs of bio-resources (both wild and cultivated).

In April 2004, the Ministry of Environment and Forests (MoEF) notified the Biological
Diversity Rules 2004 under the Biological Diversity Act, 2002. The Act has a unique system
of governing access and benefit sharing (ABS) through the NBA, SBBs and BMCs formed at
different levels.

As the Act provides measures for safeguarding traditional knowledge, preservation of

threatened species and prevention of bio-piracy, many states have come forward to
implement it in its true spirit.

Kerala was the first state to form BMCs in 978 village panchayats, 60 municipalities and five
corporations and the preparation of PBRs have also been completed. Since the then Kerala
Chief Minister Ommen Chandy showed real initiative, it successfully followed all processes
with a view to protecting and conserving the state’s bio-resources.

In neighbouring Tamil Nadu, due to local bodies delaying the holding of elections, works
concerned with the formation of BMCs and preparation of PBRs have not been completed,
resulting in the gradual depletion and pollution of natural resources.

Proper implementation of the Biological Diversity Act

As the Biological Diversity Act is not given due importance, protection of forests and
wildlife has become secondary in many parts of India, leading to water scarcity and human-
animal conflict. Reliable sources disclose that less than 3 per cent of local bodies, spread over
15 states, had prepared PBRs till 2018.

Every year, the ‘International Day of Biodiversity’ is observed on May 22 in most

government departments, educational institutions and other conservation-oriented
organisations. In fact, the year 2010 was observed as the ‘International year of Biodiversity’
without realising the importance of implementing the Act.

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Neither the central nor state governments appear to be bothered about mitigating
anthropogenic disasters by implementing the Biological Diversity Act, which is supposed to
provide suitable remedial measures for all human-made evils.

Most major Indian rivers like the Ganga, Yamuna, Gomti, Chambal, Mahi, Vardha,
Godavari, Damodar, Sabarmati and the Cauvery have been badly polluted due to the dumping
of untreated sewage, chemical wastes and industrial pollutants. But, unfortunately, the same
water is being used for drinking, bathing and washing. If the Act is enforced properly, it may
definitely help in reducing air and water pollution to a great extent.

During 2014, the number of threatened Indian species was 988. But in 2017, it increased to
1,065, with an increase of 7.8 per cent when compared with the previous assessment
according to the ‘Red List’ of threatened species published by the IUCN. If the Act had been
implemented on time, this increase could have been prevented or at least reduced to a great
extent.

Experts are of the opinion that the country is losing a minimum of Rs 30,000 crores annually
by not implementing the Biological Diversity Act, which has provisions for access and
benefit sharing for commercial utilisation of bio-resources.

It is ascertained that the NBA headquartered at Chennai is losing about Rs 10,000 crores
annually from foreign companies as the guidelines are not applied properly. If the money had
been realised through implementation of the Act, it could have been utilised for conservation
of forests, wildlife, ecosystems and other bio-resources. As the Ministry of Environment,
Forests and Climate Change (MoEF & CC) is the authority for implementing the Act, it
should see that the provisions of the Act are enforced without any delay for conserving and
sustainable management of the biodiversity.

It is high time that the central and state governments should wake up from their deep slumber
and take speedy and earnest action to overcome disastrous calamities by implementing the
Biological Diversity Act in its true spirit.

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 POWER, FUNCTIONS & FEATURES OF BIOLOGICAL
BIODIVERSITY ACT, 2002

The Biological Diversity Act 2002 was born out of India's attempt to realise the objectives
enshrined in the United Nations Convention on Biological Diversity (CBD) 1992 which
recognizes the sovereign rights of states to use their own Biological Resources. The Act aims
at the conservation of biological resources and associated knowledge as well as facilitating
access to them in a sustainable manner and through a just process for purposes of
implementing the objects of the Act it establishes the National Biodiversity Authority in
Chennai.2

The Biodiversity Act is a federal legislation enacted by the Parliament of India for
preservation of biological diversity in India, and provides mechanism for equitable sharing of
benefits arising out use of traditional biological resources and knowledge. The Act was
enacted to meet the obligations under Convention on Biological Diversity (CBD), to which
India is a party. The Biodiversity Act was passed by the Lok Sabha on 2nd December 2002
and by the Rajya Sabha on 11th Decenmber 2002.

Functions and Powers of the National Biodiversity Authority

1. It shall be the duty of the National Biodiversity Authority to regulate activities
referred to in sections 3, 4 and 6 and by regulations issue guidelines for access to
biological resources and for fair and equitable benefit sharing.
2. The National Biodiversity Authority may grant approval for undertaking any activity
referred to in sections 3, 4 and 6.
3. The National Biodiversity Authority may-
a. advise the Central Government on matters relating to the conservation of
biodiversity, sustainable use of its components and equitable sharing of
benefits arising out of the utilization of biological resources;
b. advise the State Governments in the selection of areas of biodiversity
importance to be notified under sub section (1) of section 37 as heritage sites
and measures for the management of such heritage sites;
c. perform such other functions as may be necessary to carry out the provisions
of this Act.

2
http://envfor.nic.in/division/biodiversity, as visited on 29/5/2014 at 9:30a.m.

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 4. The National Biodiversity Authority may, on behalf of the Central Government, take
any measures necessary to oppose the grant of intellectual property rights in any
country outside India on any biological resource obtained from India or knowledge
associated with such biological resource which is derived from India.
5. Regulation of acts prohibited under the Act
6. Advise the Government on conservation of biodiversity
7. Take appropriate steps to oppose grant of intellectual property rights in foreign
countries, arising from the use of biological resources or associated traditional
knowledge.3

Some salient features of the Act are :

1. To regulate access to biological resources of the country with equitable share in

benefits arising out of the use of biological resources.
2. To conserve and sustainably use biological diversity.
3. To set up National Biodiversity Authority (NBA), State Biodiversity Board (SBB)
and Biodiversity Management Committees (BMC’s)
4. To create National, State and local biodiversity fund and its use for conservation of
biodiversity.
5. To respect and protect knowledge of local communities and traditional knowledge
related to biodiversity.
6. To conserve and develop areas of importance from the stand point of biological
diversity by declaring them as biological diversity heritage sites.4
7. After an extensive and intensive consultation process involving the stakeholders, the
Govt. of India has brought Biological Diversity Act, 2002.
8. NBA and SBB are required to consult BMCs in decisions relating to bioresource /
related knowledge within their Jurisdiction.
9. To secure sharing of benefits with local people as conservers of biological resources
and holders of knowledge and information relating to the use of biological resources.
10. All foreign nationals / organizations require prior approval of NBA for obtaining
biological resources and / or associated knowledge for use.

3
Section 18 of Biological Diversity Act, 2002
4
http://www.academia.edu/242307/Critical_Review_of_Biodiversity_Act_2002 , as visited on 27/10/2020 at
11:39a.m

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 11. Indian scientists / individuals require approval of NBA for transferring results of
research to foreign nationals / organizations.
12. Conservation and development of areas of importance from the standpoint of
biological diversity by declaring them as biological diversity heritage sites.
13. Protection and rehabilitation of threatened species.
14. Involvement of institutions of State Government in the broad scheme of the
implementation of the Biological Diversity Act through constitution of committees.
15. Protect India’s rich biodiversity and associated knowledge against their use by foreign
individuals and organizations without sharing benefits arising out of such use and
check Biopiracy.
16. Indian Industry needs prior intimation to SBB to obtain bioresource. SBB has right to
restrict if found to violate conservation and sustainable use and benefit sharing.
17. Provisions for notifying heritage sites by State Government in consultation with local
body.
18. Creation of National, State and Local Biodiversity Fund and its use for conservation
of biodiversity.
19. Prior approval is needed from NBA for IPRs in any invention in India or outside India
on Bioresource.

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 DEVELOPMENT IN BIODIVERSITY ACT, 2002

Any kind of development is always welcomed if it’s a fruitful one on the whole. But
sometimes development becomes signified in such a crude manner that it apparently conceals
the disdainful consequences to follow. One of the consequences which are not a scarce sight
these days is the adverse effects to biodiversity. There is no denying the fact that
development is very important for any country to prosper but not at the stake of destroying its
very own ecology. The Government has become highly ignorant of the fact that this
sprawling spree of development measures is actually ruining the very genesis of ecology and
hence the biodiversity. Recently not so welcomed “nod” has been given to a bounty of
projects which readily disparages the importance and value of ecosystem. There are actually
many events which have had happened lately and which can be enlisted but I have enlisted a
few relevant ones. These events will essentially illustrate the sorry state of our biodiversity.

They are as follows:

1. Colva Lake Fields, Goa:

Pursuant to an application filed by CCCF( Colva Civic and Consumer Forum) to GSBB( Goa
State Biodiversity Board) to protect low lying fields in Colva Lake, located opposite to the
Colva church. The Goa State Biodiversity Board has issued directions prohibiting the
reclamation of the fields. The board ordered officials from Goa State Biodiversity Board
along with the officials from Department of Agriculture, Water Resources Department, Town
and Country Planning Department and South Goa District Collect orate to carry out an
inspection of the said field (Colva Fields). The report of the inspection established that the
reclamation or filing of the plot could interfere with the hydro-dynamics and may also result
in habitat loss for seasonal biodiversity. Following the report the Goa State Biodiversity
Board said that “until such time that the biodiversity of the area is not documented across the
seasons, no decisions to reclaim the area is to be taken at any level. The board further
clarified that “ a seasonal inventory of flora and fauna of the site must be carried out before
any decision of reclamation is arrived at to rule out the possibilities of any species with
conservation concern occurring here”.

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 2. The Goa State Biodiversity Board and Nuvem bypass:

The Goa State Biodiversity Board prepared a brief report on the construction of the road
through the wetland at Rumder, Nuvem and made some significant observations relating to
various aspects.

The wetland through which the road is being cut through is a habitat for migratory and
residents. The proposed bypass road also reduces the area foraging. The wetland is known for
its apple snail (pila ghobasa) , locally known as konge and for its rich biodiversity. The
tenants association of Nuvem had approached the Goa State Biodiversity Board, as their
occupations, including farming and fishing had been affected by the project.

The National Green Tribunal (NGT) has directed that notices be issued to the chief
conservator of forests, South Goa, public works department and the state government in
connection with the construction of the Nuvem bypass along the banks of River Sal. PWD
(Public Works Department) authorities had stated that the bypass is a necessity due to
congestion on the Nuvem stretch of the highway and limited scope for widening the NH 17.

3. Soil Oil Extraction Case in Bhopal, Madhya Pradesh (Section 7 and 57 Biodiversity
Act, 2002):

In a bid to wider the net on imposing benefit sharing levy on corporate houses that use
locally available bio-resources, the Madhya Pradesh Government is still considering finer
points of State Biodiversity Act, 2002.

According to the provisions of the Act, it is mandatory for all the soya bean oil extracting
companies to register themselves with their State Biodiversity Boards and share two per
cent of their income for environmental protection.5

The said provision comes under Section 7 of the Biodiversity Act, 2002:

No person, who is a citizen of India or a body corporate, association or organization which

is registered in India, shall obtain any biological resource for commercial utilization, or bio-

5
http://www.legalservicesindia.com/article/article/developments-in-biodiversity-act-2002-1640-1.html, as
visited on 28/10/2020 at 4:44 p.m.

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 survey and bio-utilization for commercial utilization except after giving prior intimation to
the State Biodiversity Board concerned:

Provided that the provisions of this section shall not apply to the local people and
communities of the area, including growers and cultivators of biodiversity, and vaids and
hakims, who have been practicing indigenous medicine.

Madhya Pradesh is the first Indian state to implement these kinds of provisions in
consultation with Madhya Pradesh State Biodiversity Board for levying or sharing the
profit. The State Biodiversity Board has already issued notices to various companies that
use bio-resource to inform the State Biodiversity Board or else face penal actions which
may be imprisonment to an extent of three years. It is mandatory on their part to follow the
guidelines issued by the State Biodiversity Board. The provision of Biodiversity Act, 2002
under which a company can be held liable is:

Section 57 Biodiversity Act, 2002:

(1) Where an offence or contravention under this Act has been committed by a company,
every person who at the time of the offence or contravention was committed was in charge
of, and was responsible to, the company for the conduct of the business of the company, as
well as the company, shall be deemed to be guilty of the offence or contravention and shall
be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this sub-section shall render any such person liable to
any punishment provided in this Act, if he proves that the offence or contravention was
committed without his knowledge or that he had exercised all due diligence to prevent the
commission of such offence or contravention.

(2) Notwithstanding anything contained in sub-section (1), where an offence or

contravention under this Act has been committed by a company and it is proved that the
offence or contravention has been committed with the consent or connivance of, or is
attributable to, any neglect on the part of any director, manager, secretary or other officer of
the company, such director, manager, secretary or other officer shall also be deemed to be
guilty of the offence or contravention and shall be liable to be proceeded against and
punished accordingly.6
6
ibid

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OFFENCES AND PENALTIES UNDER THE BIO DIVERSITY ACT,
2002

The offences under the biological diversity act are cognizable and non bailable.(sec 58) No
court shall take cognizance of any offence under this Act or rules and regulations made
thereunder save on a complaint made by the National Biodiversity Authority or State Bio
diversity board, as the case may be . (sec 61) No suit , prosecution or other legal proceedings
shall lie against the Central Government or any officer of the Central Government or the
State Government or any member, officer or employee of the National Biodiversity Authority
or the Sate Biodiversity Board for anything which is done in good faith or intended to be
done under this Act or the rules or regulations made thereunder. (sec 54)

The provisions of this Act shall have effect notwithstanding anything inconsistent therewith
contained in any other law for the time being in force. (sec 59)

I. The following shall be punishable with imprisonment for a term which may extend to
five years or fine which may extend to ten lakh rupees or both:
(i) A non-citizen and an Indian who is an individual or a body corporate
having non- Indian participation shall if he undertakes biodiversity related
activities without prior approval of the National Biodiversity
Authority(contravention of the provisions of section 3).
(ii) (ii)Any person whether a citizen or not transfers results of any research
relating to any biological resources for monetary consideration to any
person who is not a citizen of India.(contravention to the provision of
section 4).
(iii) Any person who makes an application for an Intellectual Property Right on
an invention based of any research or information on a biological resource
obtained from India without previous approval of the National
Biodiversity Authority before making such application.(contravention of
the provision of sec.6).

II. The following shall be punishable with imprisonment for a term which may extend to
three years , or with fine which may extend to five lakh rupees or both.
(i) Any citizen of india excluding Vaids and Hakims who are practicing
indigenous medicines ,who obtains any biological resource for commercial

17 | P a g e
 utilization or bio survey without giving prior intimation to the Sate
Biodiversity Board..(contravention to the provision of section 7)and
(ii) Any citizen of india or a body corporate , organization or association
registered in India intending to undertake any activity of obtaining
biological resources for commercial utilization violates the order that he
shall give prior intimation in such forms as may be prescribed by the State
Government to the State Biodiversity Board.(contravention of any order
made under sub-section (1) of sec 24).

OFFENCES BY COMPANIES :-

where the company is accused every time who at the time of offence was incharge or
responsible to the company aswell as the company shall be deemed to be guilty and shall be
punished unless such person proves that the offence or contravention was committed without
his knowledge and inspite of due diligence to prevent the commission of such an offence or
contravention. Where in the case of person in charge of the conduct of business of the
company he is deemed to be guilty unless he proves that he has no knowledge of the
committal of the offence or it has occurred notwithstanding his due diligence to prevent the
same , in the case of a person who is a director , manager, secretary or other officer of the
company , it shall be proved that the offence has been committed with his consent or his
connivance or is attributed to his neglect to bring home his guilt.(sec 57)7.

CONCLUSION AND SUGGESTION

7
Pgs, 548, 549 and 550 of Law of Intellectual Property , by Dr. S.R.Myneeni, 4th edition , Asia Law House
Hyderabad

18 | P a g e
The intrinsic value of Biological diversity and of the ecological, genetic, social, economic,
scientific, educational, cultural, recreational and aesthetic values and itscomponents are to be
taken care properly for the better management of biological resources and biodiversity for the
welfare of human beings for better, and healthier as well as peaceful living on earth. The
conservation of biological diversity is a serious and common concern of human beings for
better living. It should be recognized that the women in rural setup play a vital role in the
conservation and sustainable use of biological diversity and affirming the need for the full
participation of women at all levels of policy making and implementation for biological
diversity conservation. Biodiversity is an important component for economic and social
development and poverty eradication and overriding priorities of most of the developing
countries in the world.

The conservation and sustainable use of biological diversity is critical importance of meeting
of food, fodder, fiber, health, water and other needs of growing world population for which
purpose, access to and sharing of both genetic resources and technologies are essential. It
should be determined to conserve and sustainable use of biological diversity for the benefit of
present and future generations.

Besides law enforcing forces and regulations of the Governments, it is always better to
involve the people in a “Participatory Mode” including Tribal people, farmers, ecologists,
illiterate villagers, for the conservation and protection of Biodiversity wealth of our great
Nation. Awareness creation among people, school children, students and teachers in the
colleges, Universities is very important to conserve the biodiversity wealth. Participatory
mode of involvement of the people at ground level to acquire more knowledge about the
biodiversity conservation will help to maintain and sustain the bioresources and biodiversity.

The involvement of local people and their willing participation alone could save the national
wealth of biodiversity.

It is difficult to solve and manage and and conserve the biological diversity by the State
Government or Central Government alone but the people of our great nation have to be aware
of our natural biodiversity wealth of our country and they should take all measures to
conserve and protect our rich biodiversity not only for better living of our present generation

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but also for our future generations.

BIBLIOGRAPHY
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BOOKS:

1. Author: Prof. Satish C. Shastri, Environment Law, Published by EBC, Edition – 6th,(2018)

2. Author: P Leelakrishnan, Environmental Law in India, Published by LexisNexis, Edition-

4th, (2016)

3. Author: Dr. S.R. Myeni, Environmental Law, Published by Asia Law House, Edition – 1st,
(2014).

References:

 The Biological Diversity Act, 2002 and Biological Diversity Rules, 2004. National
Biodiversity Authority, 2004 Chennai, P.57
 Kannaiyan, S. and A.Gopalam(ed), 2007. Agrobiodiversity volume II. Associated
Publishing Company, New Delhi p.372 (In press)
 Kannaiyan, S. and A.Gopalam(ed), 2007. Biodiversity in India – Issues and Concerns.
Associated Publishing Company, New Delhi, p.430 (In press)

WEBSITES

 https://www.downtoearth.org.in/blog/wildlife-biodiversity/implement-the-
biological-diversity-act-in-its-true-spirit-63322
 https://www.mondaq.com/india/environmental-law/862744/the-biodiversity-act-of-
india-an-introduction
 https://www.lawctopus.com/academike/biodiversity-act-2002-analysis/
 https://vikaspedia.in/energy/environment/biodiversity-1/biodiversity-legal-acts
 https://ergautamjain.wordpress.com/2013/11/17/biodiversity-act-2000/

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