Environmental And Biological Perspectives On Contractual Validity: A Study Of Section 23 Of The Indian Contract Act And The Biological Diversity Act, 2002
- IJLLR Journal
- Nov 20
- 1 min read
R. Afrin Jakhan, LLB (Hons), Chettinad Academy of Research and Education, Kelambakkam, Chennai
ABSTRACT
The important concerns regarding the legality and enforceability of contracts involving the use and exploitation of biological resources when contract law and environmental legislation come into conflict. This research analyses the relationship between the Biological Diversity Act of 2002, and Section 23 of the Indian Contract Act of 1872, in order to investigate the biological aspects of contractual validity. If an agreement’s purpose or consideration is illegal, immoral, or against public policy, it is null and invalid, according to Section 23. This notion becomes more important when discussing biological variety since contracts pertaining to genetic resources, bioprospecting, and traditional knowledge must adhere to legal protections intended to guarantee conservation and fair benefit – sharing. According to the report, agreements that go against the goals of the Biological Diversity Act, for example, by granting unlawful access to biological materials or by distributing benefits in an unfair manner may be declared null and invalid under Section 23 because they are against public policy. It emphasises that sustainable legal practices must strike a balance between business goals and ecological responsibility by further examining the ethical and jurisprudential aspects of environmental morality within contractual relationships. The study comes to the conclusion that the legitimacy of contracts, especially when it comes to biological resources, must go beyond simple consideration and consent to include adherence to environmental laws and social and ecological justice principles.
Keywords: Section 23, Indian Contract Act, Biological Diversity Act 2002, biodiversity contracts, bio-prospecting, environmental morality, benefit- sharing, public policy, ecological justice, contractual validity.
