INTERNATIONAL STAND ON BIODIVERSITY CONSERVATION LAWS AND ITS IMPACT ON PLANT VARIETY PROTECTION WITH SPECIAL REFERENCE TO INDIAN JUDICIAL CLIMATE

Abstract

Biodiversity supports the coexistence of all living organisms across several sources of terrestrial, marine and aquatic ecosystems. It forms the basis for production of several medicinal products, food items and raw materials for trade and commerce. Biodiversity contributes for the all-round development of a nation and adds to the pride of a nation. Duty is cast upon every nation to preserve and nourish its biodiversity, thereby preventing any damage to it. Destruction of biodiversity would ultimately have an adverse effect on the human existence. Any harm caused to global biodiversity would result in environmental degradation and imbalance of ecosystem. The author had divided the study into various heads comprising of Historical background of the biodiversity conservations of the world, international conventions and legislations connected to biodiversity, like the ‘Convention on Biodiversity’ (CBD), Nagoya protocol, Cartagena protocol. The author evaluates the legal frame work relating to environmental protection in Indian scenario. Case analysis by discussing the land mark judgements passed by the Indian courts relating to biodiversity is being discussed. The paper also discusses about the provisions of ‘The Biological Diversity Act, 2002’ passed in India. The introduction of the unique ‘Traditional Knowledge Digital Library’ and its contribution to curb biopiracy in Indian soil and across the globe is enunciated. Case analysis by discussing the land mark judgements passed by the international judicial bodies, honourable Indian courts relating to biodiversity is discussed. The author concludes the study by providing suggestions and recommendations for the lacunas with which the legal frame work suffers.