6 YEARS OF THE BIOLOGICAL DIVERSITY ACT IN INDIA
This status report takes a closer look at how, and how much, the Indian law in line with the Convention on Biological Diversity - the Biological Diversity (BD) Act, (2002) through its implementing Rules (2004), has been operationalised since coming into force. The analysis is presented in the backdrop of the present political economy, which has a major impact on conservation legislation such as this. It examines whether the thrust of the implementation has been on setting up the structures and procedure for “regulating” access, as well as pushing the officially-sponsored documentation of biological resources and traditional practises through “people's biodiversity registers” at the local and databases at the national levels respectively. It further probes the extent to which the principles of conservation have been realised. The report determines whether the six years of implementation experience actually breathe life into of the stated objectives of the BD Act – conservation, sustainable use and equitable benefit sharing from the use of biological resources, or has been contrary to them.
The report also draws on the many voices from the ground raised at the series of regional workshops organised across India through 2004-2008 under the ongoing Campaign for Conservation and Community Control over Biodiversity. In coherence with the Campaign, the report especially focuses on the directions the law’s implementation has taken, vis-a-vis decentralised decision-making on biological resources, in-situ conservation of these resources and related knowledge, and empowerment of local people and resource-dependent communities.
Report compiled by : KALPAVRIKSH and GRAIN (www.grain.org)
The report was released at a national level workshop under the National Forum for Policy Dialogue (NFPD) on “Implementation of the Biological Diversity Act 2002: Trends and Tensions” on 3rd February 2009 at the Teen Murti House, New Delhi, co-organised by Kalpavriksh and GRAIN with the support of the Nehru Memorial Museum and Library.
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