Why Action Not Taken Against Those Violating Biodiversity Act? Himachal Pradesh High Court Asks State Board

The Himachal Pradesh High Court recently questioned the State Biodiversity Board regarding its failure to act against those violating the express provisions of the Biodiversity Act 2002.

Section 7 read with Section 24(2) of the Act restrains any citizen or entity from obtaining any biological resource for commercial utilisation without giving prior intimation to the State Biodiversity Board. The Board may then if deems fit, prohibit or restrict any such activity if it is of opinion that such activity is detrimental or contrary to the objectives of conservation and sustainable use of biodiversity or equitable sharing of benefits.

The bench comprising Chief Justice MS Ramachandra Rao and Justice Ajay Mohan Goel has summoned the Member Secretary of the Board to explain why action under Section 55 (2) of the Act has not been initiated against errant entities.

The development comes in a 2019 petition filed by a NGO- People for Responsible Governance,  alleging that the State Biodiversity Board has failed to implement the Act effectively, resulting in the loss of biological resources and the associated benefits.

"He (Member Secretary) shall explain as to what action is being initiated against these entities also for not complying with the Guidelines on Access to Biological Resources and Associated Knowledge and Benefits Sharing Regulation, 2014 framed on 21.11.2014 and not sharing the financial benefits inspite of the accessing biological resources from the sources within the State of Himachal Pradesh", the bench directed.

The matter is listed again on July 13.

Case Title: People for Responsible Governance Vs State of Himachal Pradesh

Click Here To Read/Download Order