Evolving Paradigm and Legal Challenges in Biodiversity for Plants and Microorganisms

Authors

  • Samrat Bandopadhyay Joint Director, Central Government Civil Services Officer, Group A, Government of India. Author
  • Abdur Rahman Mallick Department for Promotion of Industry and Internal Trade, Ministry of Commerce and Industry, Government of India. Author

Keywords:

Biodiversity, Plant Varieties And Farmers Rights Act, Seeds Act, Patent Act, Budapest Treaty, Cartagena Protocol, Nagoya Protocol, Living Modified Organisms, Genetic Modified Organisms

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.

References

Diamond v. Chakrabarty, 447 U.S. 303 (1980)

Funk Brothers Seed Co. v. Kalo Inoculant Co., 333 U. S. 127

Hartranft v. Wiegmann, 121 U. S. 609, 121 U. S. 615

Poverty and Un-British Rule in India by DadaBhai Naoroji, Nabu Press

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ICJ, https://www.icj-cij.org/en/statute (last visited on Apr. 20th 2022, 8:09 A.M)

Orissa Mining Corporation Ltd v. Ministry Of Environment & Forest & Ors., WP (Civil) No 180 of 2011

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Published

2024-03-19

How to Cite

Evolving Paradigm and Legal Challenges in Biodiversity for Plants and Microorganisms. (2024). GLS KALP: Journal of Multidisciplinary Studies, 2(3), 16-22. https://www.glskalp.in/index.php/GLSKALP/article/view/34