Difference between revisions of "The biological diversity act 2002 section 19"

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Latest revision as of 23:42, 23 May 2020

The Biological Diversity Act 2002 is an act which is for the conversation of all the biological resources available, fair sharing of all the resources and there proper use is ensured under this act. India is very rich in the biological resources and therefore they try to protect its resources with all new age and old times’ knowledge combined. India is a part of United Nations convention on biological diversity signed at Rio DE Janeiro on fifth of June 1992. Though the convention came into force on twenty ninth of December 1993. Though the convention has a main purpose is conversing biological resources. Section 19 is all about approval by national biodiversity authority for undertaking certain activities. In section 3 there is a sub section which states that any person who requires or intentionally tries to obtain any biological resource or whatsoever present in India related to biological resources either for research or commercial purposes India can demand fees for such matters which is given under the National Biodiversity Authority. If any person is trying to get any protection in form of intellectual property be it in India or outside of India as it is referred in section 6 sub sections 1 any application that is formed in this regard has to be prescribed to the National Biodiversity Authority. Under sub section 1 and sub section 2 the National Biodiversity Authority can take upon inquiries related to this matter and consult any expert if needed on the basis of few measures they can approve of it or can reject the same they can also include the imposition of charges. The National Biodiversity has to give a written record of all that is approved under this given section.[1]

CASE LAW

Ramdas Janardhan Koli vs. The State of Maharashtra on 27 May,2014

There is an organization and Ramdas Kohli and others are members of that organization. They filed class action seeking relief and a number of other activities of Jawaharlal Nehru port trust. They further went on to challenge the companies contaminating the environment. It all came under Section 15 of National Green Tribunal Act 2010. The prayers that constituted the main application were equal payment to everyone. Fifteen percent of the developed land should be provided. Certificates should be given among the people who were harmed from this. Training and employment should be given without any competitive exams. Ten lakhs should be given as the compensation of four projects. Ten thousand per month for livelihood. Free education should be provided. Free medical services should also be given to the people. Traditional fisherman has occupied land on the outskirts of Mumbai for their residence. The places that they mostly reside at are Shev, Nhava, Gavhan, Belpada, Sonari, Jaskhar, Panje, Dongri, Funde, Uran and Elephanta. There are water bodies all around because of Arabian Sea. They are surrounded by mangroves. They have a lot of facilities there and they used to catch fish easily. It was a customary fishing fight. State of Maharashtra decided that it will build a township away from Mumbai. They approached CIDCO for this development that they decided. They proposed the navi Mumbai thing. The applicants approached human’s right commission also. Due to the expansion of JNPT activities their livelihood was endangered. The JNPT proposed to reclaim fishing area. Artificial obstructions were set up by JNPT which were harmful to fisherman and the environment too. JNPT says that they followed all the instruction given in the Environmental Clearance certificate. There was a major ports act 1993 and under its power it can grant permission about the one those are allowed to do fishing in that port. It was important to know that prima facie, if the applicants actually faced the loss of livelihood and destruction of environment was actually done. Under the section 15 of the National Green Tribunal it is said that a relief and compensation must be provided to the ones those are harmed and other important things are listed under schedule one. The relief for the restitution of environment and property must be given. Many attempts were made to resolve the problem but it was not possible. Intervention in the matter by the chief secretary was also done. If the sufficient passage is not been given to the fisherman then there boats could be damaged which is not at all a good sign. Applicant have not mentioned it clearly but it can be gathered from their applications that the relief they want is because of loss of livelihood, damage caused to the environment because of the activities done by the port. If we keep on unfolding the bundle of facts then the bundle of cause of action will be kept unfolding too. If the application has to be entertained by the tribunal then it is necessary that it has to be there since five years. Orders of the committee cannot be executed by the National Green Tribunal. There is no doubt great risk of damage to the environment because of the increasing activities of the port. Therefore, grant of interim relief is required by this matter. Soil or any artificial obstruction done by JNPT must be removed and the natural flow of tides is restored. It is high time that JNPT starts on restoration of mangroves. JNPT, CIDCO AND ONGC are not allowed in any form to participate in the acts of the destruction of mangroves or the environment.

Therefore, we can see that section 19 of the Biological Diversity Act 2002 says that there are certain activities on which the permission given by the National Biodiversity Authority is required. Any knowledge or resource for any type of survey, research or any utilization has to be taken permission by the National Biodiversity Authority. Any application related to patent or anything must go through the approval of the National Biodiversity Authority. The National Biodiversity Authority can consult other experts and all and go through some criteria’s to give any sought of permission. A public notice for every approval must be given by the National Biodiversity Authority. [2]