Forest officials will invoke provisions of the Biological Diversity Act, 2002 against two Japan nationals who were caught while attempting to transport a few exotic live species from the Athirappilly forest. This is the first time that the provisions of the Act are being invoked in such an offence.
Customs officials had seized three small-sized snakes, including a viper, and animals such as scorpion, turtle, chameleon, spider, lizards, earthworms, centipede, and beetle from Murayi Yojka and Shibi Ottawa last week.
The Section 3 (1) of the Act, which deals with “certain persons not to undertake Biodiversity related activities without approval of National Biodiversity Authority,” states that a person who is not a citizen of India, or a citizen who is a non-resident, or a body corporate or an association or organisation which is not incorporated or registered in India; or incorporated or registered in India which has any non-Indian participation in its share capital or management shall not obtain any biological resource occurring in India or knowledge associated with it for research or for commercial utilisation or for bio-survey and bio-utilization without previous approval of the National Biodiversity Authority.
Provisions
Any violation of the provision, which is a cognisable and non-bailable offence, is punishable with imprisonment up to five years, or with a fine up to Rs.10 lakh. In cases where the damage caused exceeds Rs.10 lakh, the fine may be commensurate with the damage caused, or with both, the act says.
Vijayanand, Divisional Forest Officer, Malayattoor, said the provisions of the Act would be slapped along with the provisions of the Wildlife Protection Act, 1972 in the case.
Rarely invoked
R.V. Varma, a member of the Access and Benefit Sharing committee of the National Biodiversity Authority, said the provisions of the Act were rarely invoked in similar offences. The officials of the State Biodiversity Boards and the field-level officers of the Forest Department could invoke the provisions of the Act to book offenders, he said. Though the Act was introduced 13 years ago, it was not properly known and understood, Mr. Varma, who was the chairman of the State Biodiversity Board, said.
Oommen V. Oommen, chairman of the board, said the provisions of the Act were never invoked in the State for such offences. Following the Athirappilly incident, the board would take up the issue with the authorities concerned, he said.
