The Hindu : Biological Diversity Bill gets Parliament nod

Online edition of India's National Newspaper
Thursday, Dec 12, 2002

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Biological Diversity Bill gets Parliament nod

By Our Special Correspondent

NEW DELHI DEC. 11. The much awaited Biological Diversity Bill, which seeks to effectively curb the problem of biopiracy by providing tough punishment for the offenders, has got the stamp of approval from Parliament, with the Rajya Sabha also passing the Bill today. The Lok Sabha had cleared it on December 2.

Under the legislation, anyone who tries to take away biological resources from the country for research, commercial utilisation and other purposes, or seeks to get patents abroad on inventions based on biological resources of Indian origin is liable to be imprisoned for a term of up to five years or to pay a fine of up to Rs. 10 lakhs, if it was done without the prior approval of the authorities.

A similar punishment awaits those who try to transfer abroad results of research conducted in the country on its biological resources without the authorities' approval.

The offences under the Bill are all cognisable and non-bailable.

For the purpose of approval, the Bill provides for the constitution of a separate high-power National Biodiversity Authority. To be set up at Chennai, it would also be responsible to for ensuring that benefits arising from the use of biological resources were shared on a fair and equitable basis, with due regards given to protecting the interests of the custodians of traditional knowledge.

Apart from the NBA, the Bill also envisages the setting up of State Biodiversity Boards, which would advise the State Governments on issues relating to conservation of biodiversity, and sustainable use of its components.

In addition, the Bill provides that every local body would constitute a biodiversity management committee for the purpose of promoting conservation, sustainable use and documentation of biodiversity at the grassroots level.

Bill on pre-natal diagnosis

UNI reports:

Meanwhile, the Rajya Sabha today passed by a voice vote the Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Amendment Bill, 2002, prohibiting determination of sex of the foetus.

The Bill says that the pre-natal diagnostic techniques should be used or conducted only if the age of the pregnant woman is above 35 years, the woman had undergone two or more spontaneous abortions or foetal loss; was exposed to potentially teratogenic agents such as drugs, radiation, infection or chemicals, has a family history of mental retardation or physical deformities such as spasticity or any other genetic disease.

No person conducting the pre-natal diagnostic procedures shall communicate to the pregnant woman concerned or her relatives the sex of the foetus by words, signs or in any other manner, it says.

The Bill, moved by the Minister of State for Health and Family Welfare, A. Raja, also prohibits advertisements relating to the pre-natal determination of sex and punishment for contravention.

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