Section 14

Permit for removal of biological specimen or any other sample from Antarctica.

The Indian Antarctic Act, 2022

  • Act 13 of 2022
  • Ministry of Earth Sciences
About this Act

An Act to provide for the national measures for protecting the Antarctic environment and dependent and associated ecosystems and to give effect to the Antarctic Treaty, the Convention on the Conservation of Antarctic Marine Living Resources and to the Protocol on Environmental Protection to the Antarctic Treaty and for matters connected therewith or incidental thereto.

All sections
    (1) The Committee may, in individual cases, for reasons to be recorded in writing, grant permit for the following purposes, namely:--
         (i) to obtain specimens or any other sample for study or scientific information;
         (ii) to obtain specimens for museums, herbariums, zoological and botanical gardens, or other educational or cultural institutions or uses:
     Provided that such permission shall be limited so as to ensure that--
         (a) only such number of native mammals, birds, invertebrates, plants or any other sample are taken that are strictly necessary to meet the purposes of this section;
         (b) only such number of native mammals or birds are killed, such that it can normally be replaced by natural reproduction in the following season;
         (c) the diversity of species, as well as the habitats essential to their existence and the balance of the ecological systems existing in the Antarctica are maintained;
         (d) Ommatophocarossii (Ross Seal) or any other species as may be prescribed shall be accorded special protection and permit for killing, injuring, capturing or handling of these species may be issued only for scientific purpose, if the survival or recovery of that species or local population is not jeopardised, and non-lethal techniques are used as far as possible; and
         (e) the killing, injuring, capturing or handling of mammals or birds is done in a manner that involves least degree of pain and suffering.
     (2) The permit issued for the purposes of this section shall specifically mention the name of the issuing authority and the receiver of the permission, the duration and place of the activity permitted including the size, weight and volume of the sample intended to be collected.
    

Source: India Code (Legislative Department, Govt. of India). Check the official Gazette before relying on it in court. Not legal advice. Free legal aid: 15100 (NALSA) · Know your rights

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