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Gene Campaign's research and advocacy work
has resulted in some modest achievements. Much, however,
remains to be done.
The Ministry of Environment
was persuaded to begin drafting a Biodiversity law to protect
the country's biodiversity.
Some degree of awareness has been created
across the country about the GATT/TRIPS, Intellectual Property
Rights in life forms and their socio-economic impact in India,
Seed Patents and their effects on the rural economy, the
recognition of the rights of rural communities etc. This is
only a start. A lot needs to be done in this direction.
Gene Campaign
held the first demonstrations in India to protest GATT/TRIPS
and Seed and Life Form patents. Demos and marches by our Core
Groups backed this in various States. These actions were
crucial in creating political awareness and focussing national
attention on this issue which had received no attention till
then.
District and
village level awareness meetings and demonstrations in key
political constituencies led to the sensitisation of some
important MPs. This in turn resulted in the government at
least tabling the GATT/TRIPS issue for discussion in
Parliament. This was significant in view of the fact that the
government was trying not to let this subject come up in
Parliament before ratification of the GATT in April 1994.
Our demand for a
Parliamentary Standing Committee to hear views from all sides
and make a recommendation to Parliament before signing the
Uruguay Round was acceded to. Although this did not stop the
government from accepting damaging conditions in GATT, it did
help to sensitise MPs and opened the door through which more
pressure could be applied.
The Farmers Rally
of March 3, 1993, which we organised in Delhi with three major
farmers organisations, led to a high level of awareness in the
farming community and created strong political pressure on
this issue.
Gene Campaign has
been active in having public interest clauses included in the
Patent Amendment Act. It lobbied for protection of Indigenous
Knowledge, which included exemption for products based on
Indian Systems of Medicine so that community knowledge was
protected. It has succeeded in blocking gene and cell patents
and has proposed a highly restrictive definition of
microorganisms for the purpose of the Patent Amendment Bill.
Gene Campaign has
intervened strongly in the drafting of India s sui generis
legislation. The Plant Variety Protection & Farmers Rights Act
includes important provisions like recognizing farmer
innovation and a benefit sharing mechanism in the form of the
National Gene Fund. As a result of Gene Campaign's strong and
sustained work, the Indian law has a well-defined Farmers'
Right. It is the only law in the world which grants explicit
rights to farmers.
In
consultation with NGOs and legal experts, Gene Campaign had
provided the first draft for a Biological Diversity Bill.
Subsequently, Gene Campaign mobilized political support to
pressurize the Ministry of Environment and Forests to start
the process to finalize a biodiversity law for India. Gene
Campaign was a member of the Expert Committee that finalized
the National Biodiversity Bill. Some components of Gene
Campaign's draft Bill, which empower local communities, are
included - notably the direct representation of rural and
adivasi communities, specially women but the Biodiversity Act
has been substantially altered.
Gene Campaign
began a campaign for the protection of Indian agricultural
products like Basmati rice and Darjeeling tea in 1996. We
together with NGOs like the Berne Declaration and RAFI, it ran
an international campaign against the Rice Tec patent on
Basmati Rice. Sustained lobbying by civil society groups for a
law specifying the products for which India claims
geographically indicated rights, led to the Act on
Geographical Indication, 1999.
Advocacy work
with the academic community in Germany was instrumental in
persuading the German Academy of Sciences to hold an
international seminar on "Patenting of Genes and Living
Organisms". Two papers presented by Dr M S Swaminathan and Dr
Suman Sahai helped in bringing the South's objection to these
patents before an influential international community of
scientists, officials, lawyers and politicians. |