Evolving Paradigm and Legal Challenges in Biodiversity for Plants and Microorganisms

Abstract

Conservation of Biodiversity including that of Microorganism and Medicinal plants can be seen from multiple perspectives. The view from scientific exigency of preservation, protection and conservation of biodiversity has varied factors including that of scientific and technological progress, equitable and structured benefit sharing mechanism, sustainability of ecosystem, restoration of ecological sensitive area with special emphasis on eco-zone and habitat protection. Growing clamour for balancing the development with environmental issues have lead to issues of the nature of pollution, habitat destruction, over-exploitation of natural resources and conflict innate to the mindset of human beings with respect to non-sensitisation or lack of awareness on eco-sensitive environmental human activities. A slew of initiatives in the environmental domain such as Budapest Treaty, Cartagena Protocol, Nagoya Protocol the world over has to be seen in congruity with the local enactments or environmental laws enacted to provide the ambit of jurisprudence evolving in the arena of environment in a developing country as India. In India, the progress is tremendous and progressive with technology and science playing a vital role with ‘Microorganism’ being included in the subject matter of Patent Act, 1970 and Plants and Seeds in the ambit of Plant Varieties and Farmers Rights Act, 2000 and Seeds Act, 1966.