Copy of bcp 18112011 English - Natural Justice

The biocultural community protocol of maldharis of banni193. Right to protect, regenerate or conserve or manage any community forestresource which they have been traditionally protecting and conserving forsustainable use;4. Right of access to biodiversity and community right to intellectual property andtraditional knowledge related to biodiversity and cultural diversity;5. Any other traditional right customarily enjoyed by forest dwelling, ScheduledTribes or other traditional forest dwellers, as the case may be, which are notmentioned in clauses (a) to (k) but excludes the right of hunting or trapping orextracting a part of the body of any species of wild animal;B. The Forest Conservation Act, 1980In 1955 Banni grassland was notified as a 'protected forest' under the Indian Forest Act of1927. Any use of Banni therefore for a non-forest purpose would require the permissionof the Central Government under the Forest Conservation Act, 1980. Such anunderstanding was affirmed by the Supreme Court in the T.N. Godavarman case, whichstated that a non-forest activity could be undertaken on any forestland only with thepermission of the Central Government.The Government of Gujarat therefore cannot lease any part of Banni for industrial use bythe chemical companies without the consent of the Central GovernmentC. The Biological Diversity Act of 2002 and the Biological Diversity Rules of 2004The Biological Diversity Act of 2002, in its efforts to fulfil India's commitments under theConvention on Biological Diversity provides, for the conservation of biological diversity,sustainable use of its components and the fair and equitable sharing of benefits arisingfrom the use of such biological diversity and associated traditional knowledge. TheBiological Diversity Act sets up the National Biodiversity Authority (NBA) and theBiological Diversity Rules of 2004 lists the functions of the NBA as including regulatingaccess to biological resources and associated traditional knowledge for commercial andresearch purposes. The NBA is also empowered to advise the Central Government on anymatter relating to the conservation and sustainable use of biodiversity and associatedtraditional knowledge and the fair and equitable sharing of benefits arising from theutilization of biological resources and associated traditional knowledge.The Biological Diversity Act, among other things, requires the Central Government underSection 36 to promote the conservation and sustainable use of biological diversitythrough in-situ conservation and minimize the adverse effects on biological diversity ofany project undertaken through environmental impact assessments that includes publicparticipation. The Central Government is tasked with ensuring respect and protection ofassociated traditional knowledge of local communities in accordance with therecommendations of the NBA including registration of traditional knowledge and othersui generis methods for its protection.