THE BIOLOGICAL DIVERSITY ACT, 2002: RELEVANCY IN PROTECTION, PRESERVATION AND PROMOTION OF TRADITIONAL KNOWLEDGE
Author – ARINDAM BARUAH, Advocate at GAUHATI HIGH COURT
Best Citation – ARINDAM BARUAH, THE BIOLOGICAL DIVERSITY ACT, 2002: RELEVANCY IN PROTECTION, PRESERVATION AND PROMOTION OF TRADITIONAL KNOWLEDGE, ILE CONSTITUTIONAL REVIEW, 2 (2) of 2023, Pg. 01-04, ISSN – 2583-7168.
ABSTRACT
“An investment in knowledge always pays the best interest.”[1]
Benjamin Franklin, The Way to Wealth: Ben Franklin on Money and Success, 1757.
The spirit of this quote is reflected in the Biological Diversity Act, 2002 which contains inter alia contains provisions pertaining to the protection of indigenous traditional knowledge as well as its regulated transfer. The transfer of such community knowledge is facilitated through the access and benefit-sharing mechanisms contained in the Act itself. It is pertinent to note here that the main objective of the Act as well as the Convention on Biodiversity, 1992 on which the former is based is to secure the biological diversity from deterioration and adverse effects. In addition to that, they also recognize the close relationship that the indigenous communities have with such resources and the knowledge which they have treasured through generations. However, regrettably, the Biological Diversity Act, 2002 and the Biological Diversity Rules, 2006 have created numerous ambiguities concerning the definition of Traditional Knowledge as well as the ambit of protection extended. The Act leaves issues such as whether the ABS system aptly suits the Indian context includes components of Traditional Knowledge such as Traditional Ecological Knowledge, Traditional Technical Knowledge, and Traditional Values and Ethics, and indeed benefits the cause of the knowledge holders unanswered, leaving for more to be desired. It is in this context that the Biological Diversity Act, 2006 shall be analyzed and commented upon.
KEYWORDS: Biological Diversity Act, Traditional Knowledge, Biodiversity Management Committee, State Biodiversity Board, People’s Biodiversity Register.
[1] Benjamin Franklin, The Way to Wealth: Ben Franklin on Money and Success, Poor Richard’s Almanac (1757).