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B. N. KIRPAL, S. RAJENDRA BABU, V. N. KHARE
Research Foundn For Science – Appellant
Versus
Union Of India – Respondent
ORDER
1. Through this writ petition, the petitioners have brought to the notice of this Court certain facts and circumstances and pleaded the need to protect the biodiversity of the country and also sought a direction to the Union of India to challenge the patenting of "Basmati rice" in appropriate forums. The following prayers are made in the writ petition:
The petitioners, therefore, pray that in the facts and circumstances of the present case, this Honble Court may be pleased to issue writ of mandamus or the directions of like nature to the respondents to:
(i) take action to protect the biodiversity of our country in conformity with the Convention on Biological Diversity (CBD) and such other Conventions for protection of the biodiversity;
(ii) challenge the patenting of Basmati rice, if required, in the United States Patent and Trademark Office (USPTO) and/or before the Dispute Settlement Body (DSB) created under the World Trade Organisation (WTO)"
2. On 17-4-1998, this Court directed that a copy of the writ petition be served on the learned Attorney General of India, who was requested to examine the matter and inform the Court of the steps which the Government of India proposed
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