Traditional Medicines Derived From Domestic Animals

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Traditional Medicines Derived from Domestic Animals

Used by Rebari Community of Rajasthan, India

This Paper deals with the domestic animals based traditional medicinal knowledge of

Rebari community of Rajasthan. Field study was conducted with Rebari people with the

help of semi- structured questionnaire and open interview. 25 Rebari people including

both sexes provided valuable information regarding uses of domestic animals and their

products in local medicinal system and information was obtained, about theirconservation

too. The results show that there are 15 domestic animals and 2 plant species used in 30

ailments like headache, tuberculosis, paralysis and anal infection. TheRebari community

has devised rules to ensure the social and ecological sustainability of their livestock but

presently, these domestic animals are on verge of extinction due to the shortage ofgrazing land and loss of their territories. So there is an urgent need to uphold livestock

diversity for appropriate medicinal use and to maintain an ecological balance in nature.

Since long, humans have always been in intimacy with animal life in their

habitats for food, transportation, and medicine through observation and experimentation

(Judith, 2005). However, it can be assumed that concern about animal health only

originated after the domestication of formerly wild animals species for use in

transportation, agriculture, medicine, or as direct food source (Barboza, 2007). So our

ancestors started converting wild animals into domestic ones for their benefitthroughout the world. In Rajasthan (India), too many traditional animal herders

(pastoralist) have large number of domestic animals for their livelihood and they also

depend on them for food, transportation, and medicinal purposes.

The medicinal use of animals and their products for the benefit of humans is termed

Zootherapy. The Zootherapy (therapy attended or facilited by animals) is a

therapeutic device that is based on the interaction between animals and the human being

(Bradbury, 2001; Costa Neto, 2005). Many ethnic communities have utilized various

substances derived from domestic animals like milk, urine, and honey in curing

various ailments over the years. In ancient china, substances of animal origin were used

by many people for treatment of various diseases (Kremers and Urdang1976). In India,

nearly 15-20 percent of the Ayurvedic medicines are based on animal derived substances


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and out of these animals most are domestic (Unnikrisnhan, 1998). The Hindus, in India

use blending of five products (milk, dung, curd, urine and ghee) of cow for purification.

Introduction: Ethno botanical research on medicinal plants is getting much importance and it

is included among the advanced research in India during the recent years. Plants have much

relevance on Socio-economic, Socio-religious aspects of human life in India.

Central India is covered with tropical forests, which are supposed to be rich in biodiversity.

However subtropical hill forests are found in few areas. About 500 species of medicinal

plants are found. Some of the economically medicinal plants are on the verge of extinction.

The endemic and rare flora is also found in the region.

Chhindwara District of Central India (Madhya Pradesh) lies among 2123' and 2249' north

and longitude 7810' and 7924' east. It is situated near the south border of Madhya Pradesh.

Tribals are main inhabitants of this district in rural areas. Deep in the heart of Central India

there is a wild, forest surrounded by sheer, 1,200 foot cliffs. The Patalkot forest is so well

hidden that people on the outside didn't even know it existed. It is a very special place, rich

with plants and animals. The natives who live there know how to collect and grow the plants

they need for food, clothing and building their homes. They also have a special skill that has

been passed down every generation. They know the secrets of the medicine plants. Gondsand Bharias are main among the tribal population. There are no proper health facilities in

several tribal areas. They still follow the traditional system of medicines. They use plants for

curing various ailments. In the present study, author has surveyed Patalkot, a tribal pocket of

the district and collected information about the medicinal uses of various plants that grow in

that region.

The ancient literature of India records that old communities have been using various kinds of

medicinal plants for combating disease. The ancient Indians used the snake root plant

(Rauwolfia serpentina) about 3000 yrs ago to treat several diseases from mental disorders to

insomnia and snake bite. They also used the poppy juice (papavar somniferum) to relieve

pain and anxiety. Tribal healers use medicinal plants for a wide variety of diseases, ranging

from rheumatism, paralysis, epilepsy, leprosy, dropsy, jaundice, diabetes and malaria to

syphilis, gonorrhea, chronic constipation, dysentery and diarrhea. They also treat various skin


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diseases, womens ailments and bone fractures.

Several of the medicinal plants, which were being used by the tribal people of India for

centuries, have found wide acceptance and application in other systems of Indian medicine

e.g. Ayurveda, Siddha & Unani, and even in modern medicine. Western style allopathic

medicine has usurped several of these medicinal plants used by the tribals after chemical

investigation revealed active ingredients with interesting biological activity.

Medicinal plants collected during the surveys have been deposited in the department of

Botany of Danielson College. Villagers were interviewed for gathering information on

medicinal plants. Village chief, local practitioner and Bhumka (Local vaidhya) were among

the interviewed people. As much as, 65 plants were surveyed. Ethnobotanical uses of plants

have been described below in alphabetical order.

1) Acacia arabica (Lamk.) Willd.

Family: MimosaceaeLocal Name: BabulMedicinal Uses:- The leaves are astringent and beneficial to the eye.- Fruit of the plant is Coagulant.- Gum is astringent, cooling and healing. It stops bleeding.- It cures dysentery and diarrhea.

- Extract of the bark is mixed with honey is applied in the eyes to relieve conjunctivitis and tostop lacrimination.- Bark is goof for gums, heals and ulcers. It is a sedative.

2) Butea monosperma (Lamk.) Taub. Syn. Butea frondosa Koen. ex. Roxb.

Family: PapilionaceaeLocal Name: PalasMedicinal Uses:- Flowers are used in burning sensation and useful in skin diseases- Fruits cure diseases related to urine, piles, worms, abdomen etc.

- Fruits are aphrodisiac and anthelmintic.- It cures diarrhea.

3) Cassia fistula Linn.

Family: CaesalpiniaceaeLocal Name: AmaltasMedicinal Uses:
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- Leaves and flowers are used in ringworms and other skin infections.- Roots cure fever.- Pulp is purgative and used in all intestinal disorders.- Bark is laxative and astringent.

4) Citrus aurentium Linn.

Family: RutaceaeLocal Name: Khatta nibuMedicinal Uses:- It removes constipation.- It cures nausea, vomiting, thirst, bad taste of mouth and indigestion.- It good for treating worms.

5) Coriandrum sativum Linn.

Family: UmbelliferaeLocal Name: DhaniaMedicinal Uses:- Seeds are carminative, stomachic.- In case of frequency of stools with blood, leaves of this plant are given to remove blood instool.- Leaves are appetizer.- Extract is used as antidysentric.- Extract is useful in conjunctivitis.

6) Datura stramonium Linn.

Family: SolanaceaeLocal Name: DhaturaMedicinal Uses:- Fruits are used in skin related disorders.- It is good in ulcers and worms.- When internally used, it stimulates the mind and creates intoxication lastly resulting infainting.- Seeds are employed in headache.- Plant is used as antidote for poisons.

7) Mentha arvensis Linn.

Family: LabiataeLocal Name: PodinaMedicinal Uses:- Used as carminative and flavoring agent.- Stomachic, diuretic and anthelmintic.- It cures bad taste of mouth, indigestion, constipation and worms.


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8) Ricinus communis Linn.

Family: EuphorbiaceaeLocal Name: ArandiMedicinal Uses:

- It is purgative, carminative, aphrodisiac.- It cures cough and headache.- Good in rheumatism, fever ad urinary disorders.

9) Adhatoda vasica Linn.

Family: AcanthaceaeLocal Name: AdusaMedicinal Uses:- It is used in asthma, diarrhea and dysentery.- It checks bleeding.

- Good for throat emollient, flowers are used in eye disorders, extract of root is used instiffness of neck.

10) Aegle marmelos Correa.

Family: RutaceaeLocal Name: BelMedicinal Uses:- Used in dysentery and diarrhea.- Root checks vomiting.- Leaves cure fever, dysentery, diarrhea and piles.

- Fruits are good tonic for brain.- Leaves are good in diabetes.

11) Allium sativum Linn.

Family: LiliaceaeLocal Name: LahsunMedicinal Uses:- It is laxative, strength promoter, aphrodisiac and carminative.- It cures cough, skin troubles and chronic fever.- Relieves breathing problems, heart troubles.

- It is good in piles.- It helps the union of fractured bones.

12) Saccharum officinarum Linn.

Family: GraminaeLocal Name: Eekh, GannaMedicinal Uses:


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- It is laxative, diuretic and tonic.- It strengthens the teeth.- Clears the foul odor of mouth.- It is good in jaundice.

13) Carica papaya Linn.

Family: CaricaceaeLocal Name: PapeetaMedicinal Uses:- It is used as digestant.- It anthelmintic, laxative, tonic, nutritive and diuretic.- Latex acts as anthelmintic.- Unripe fruit is good for excretory troubles in children.- It is a good aphrodisiac- It has wormicidal activity and it is good in cough.

14) Euphorbia hirta Linn.

Family: EuphorbiaceaeLocal Name: DudhiMedicinal Uses:- Used in treatment of cough and asthma.- It is aphrodisiac and enriches the blood.- Employed in diarrhea, piles and semen debility.- It is laxative and astringent.

15) Hemidesmus indicus R. Br.

Family: AsclepiadaceaeLocal Name: AnantmulMedicinal Uses:- It is used in fever, diabetes and cough.- Cures blood disorders.- It is tonic and diuretic.- It is taken in hypertension.

16) Punica granatum Linn.

Family: PunicaceaeLocal Name: AnaarMedicinal Uses:- Used as an anthelmintic.- Good for improving memory, brain and strength.- It cures fever, burning, heart diseases and disease of throat.- It is laxative and astringent.


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17) Rosa damascena Mill.Family: RosaceaeLocal Name: GulabMedicinal Uses:- Used as purgative.

- It heals ulcer.- Employed in the treatment of conjunctivitis, headache and fainting.

18) Trigonella foenum-graecum Linn.Family: LeguminosaeLocal Name: MethiMedicinal Uses:- Aphrodisiac.- Stomachic, carminative, laxative.- It is used in abscess, pigmentation and discoloration of the face

19) Pterocarpus marsupium Roxb.Family: LeguminosaeLocal Name: Bijaka, BeejasaalMedicinal Uses:- Used in leprosy, leucoderma and other skin diseases.- Cure diabetes and ulcer.- It is given to improve the complexion and to darken the hair.

20) Cymbopogon flexuosus Wats.Family: GraminaeLocal Name: Gauti chai

Medicinal Uses:- It cures blood disorders.- Good for cough, worms and indigestion.- Carminative and stimulant.

21) Tamarindus indica Linn.Family: LeguminosaeLocal Name: ImliMedicinal Uses:- It is laxative.- Dry bark power relieves gastric pain.- It is aphrodisiac, tonic and good for hair.- Plaster of leaves is applied for curing inflammation, blood disorders and acne.- Cures dandruff.

22) Achyranthes aspera Linn.Family: AmaranthaceaeLocal Name: ChirchitaMedicinal Uses:


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- It cures eye disorders.- Good for cough, worms and indigestion.- Good in snake bite.

23) Ageratum conyzoides Linn.

Family: AsteraceaeLocal Name: AjgandhaMedicinal Uses:- It is good in stomach disorders.- Used as a tonic.

24) Alocacia indica Roxb.Family: AraceaeLocal Name: GhuiyanMedicinal Uses:- Tuber of the plant is good in piles.

- Taken as a tonic.- Good in constipation.

25) Amaranthus virdis Linn.Family: AmaranthaceaeLocal Name: ChoulaeeMedicinal Uses:- It is said to be good blood purifier.- Used in piles.- Taken as digesting agent.

26) Amarpophallus campanulatus Blume ex. DC.Family: AraceaeLocal Name: SurankandMedicinal Uses:- Good in rheumatism.- Tuber is taken in snakebite.

27) Bauhinia variegata Linn.Family: CaesalpiniaceaeLocal Name: KachnaarMedicinal Uses:- Bark is good in good in dysentery and piles.- Buds and flowers are good in skin disorders.- Extract of the bark is given in skin related infections.- It is carminative and laxative.

28) Bryonia laciniosa Linn.Family: CucurbitaceaeLocal Name: Shivlingi


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Medicinal Uses:- It is taken in impotency

29) Carissa opaca Stapf. ex. Hainss.Family: Apocynaceae

Local Name: Van KarondaMedicinal Uses:- It cures fever.- It is good in eye disorders.- Fruit of the plant mixed with roots of mimosa pudica is taken as aphrodisiac.

30) Cocculus hirsutus (Linn.) Diels.Family: MenispermaceaeLocal Name: Patal Garudi, JaljamaniMedicinal Uses:- Extract of whole plant with Mishri (Sugar) is taken to gain energy.

- Plant is used in Leucorrhoea.

31) Convolvulus pluricaulis Chois.Family: ConvolvulaceaeLocal Name: SankhpushpiMedicinal Uses:- It is anthelmintic.- It is good in dysentery.- It is said to be good brain and hair tonic.- Used for curing skin ailments.- It is taken to reduce high blood pressure.

32) Cuscuta reflexa Roxb.Family: CuscutaceaeLocal Name: AmarbelMedicinal Uses:- Taken to reduce bilious disorder.- Removes itching and white spots of skin.- Hair growth promoter.- Cures fever.

33) Delbergia sisoo Roxb.Family: FabaceaeLocal Name: ShishamMedicinal Uses:- Used in gonorrhoea.

34) Derris indica (Lamk.) BennetFamily: FabaceaeLocal Name: Karanj


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Medicinal Uses:- Seed oil is good for curing skin infections.

35) Emblica officinalis Gaertn.Family: Euphorbiaceae

Local Name: AolaMedicinal Uses:- It is good in diabetes.- Cures heart disorders.- It is taken in eye problems.- Relieves rheumatism, diarrhea.- It is a good aging agent.

36) Ficus bengalensis Linn.Family: MoraceaeLocal Name: Bad, Bargad, Vat

Medicinal Uses:- Latex of the plant is good in curing diarrhea, dysentery, piles, teeth decay, rheumatism,leucorrhoea and other skin related problems.

37) Ficus racemes Linn.Family: MoraceaeLocal Name: Omar, GuarMedicinal Uses:- Fruits are analgesic.- Root is astringent, carminative, diuretic and tonic.- Good in diabetes, dropsy, dysentery and diarrhea.

- It is taken in small pox.

38) Ficus religious Linn.Family: MoraceaeLocal Name: PapalMedicinal Uses:- Good in leucorrhoea.- It is used in impotency.- It is astringent, expectorant, laxative and coceptive.- Taken in asthma, whooping cough and genito-urinary troubles.

39) Hibiscus rosa-sinensis Linn.Family: MalvaceaeLocal Name: Jason, GurhalMedicinal Uses:- It is aphrodisiac.- Leaves are good for curing boils.- Flowers are laxative.
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40) Jatropha curcus Linn.Family: EuphorbiaceaeLocal Name: Chadrajot, RatanjotMedicinal Uses:- Seed are used in cholera, and dysentery.

- Good in stomach disorders.- Cures toothache and gum ache.- Seeds are used as antidote for poisoning.- It is effective in skin diseases and rheumatism.

41) Launaea nudicaulis L.Family: AsteraceaeLocal Name: MusakaniMedicinal Uses:- It is nutritive, diuretic, stomachic and blood purifier.- It is used as antidote for poisoning.

- Roots relieve jaundice and skin disorders.- Leaves and roots are given in leprosy and leucorrhoea.

42) Leucas cephalotes Spreng.Family: LabiataeLocal Name: Gooma, Gatta, Lumba, DronaMedicinal Uses:- Used in fever.- Good in scorpion and snakebite.- Taken for curing dysentery.- Leaves and flower are good in jaundice.

44) Mangifera indica L.Family: AnacardiaceaeLocal Name: AamMedicinal Uses:- Bark of the plant is aphrodisiac, cardiac, appetizer and astringent.- Fruits are good in bleeding piles, hemorrhage from uterus, lungs and intestine leucorrhoea- Roots relieve jaundice and skin disorders.- Leaves and roots are given in leprosy and leucorrhoea.- Bark is used in scabies and other cutanious problems.- Used in ophthalmic and erruptions.

45) Melia azadirachta Linn.Family: MeliaceaeLocal Name: BakainMedicinal Uses:- Bark is antifungal, it cures eczema and boils.- Seeds are used in ulcers and stomacache- Roots relieve jaundice and skin disorders.


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- Leaves and roots are given in leprosy and leucorrhoea.- The whole plant is good for curing snake-bite and scorpion sting.- It is a good tonic.

46) Mirabilis jalapa Linn.

Family: NyctanthaceaeLocal Name: GulbansMedicinal Uses:- It reduces the swelling.- Leaves are purgative.- It cures boils.

47) Moringa oleifera Linn.Family: MoringaceaeLocal Name: Munga, SahjanMedicinal Uses:

- The whole plant is abortifacient, anthelmintic, carminative, digestive, diuretic andstomachic.- Fruits and seeds are taken to relieve abscess, asthma, earache, epilepsy and hysteria.- Roots are important in curing paralysis and guinea-worm.- The whole plant has the ability to cure rheumatism and sore throat.- It is a good tonic.

48) Ocimum americanum Linn.Family: LabiataeLocal Name: Mamiri tulsiMedicinal Uses:

- Leaves are useful in skin infections like eczema.

48) Ocimum basilicum Linn.Family: LabiataeLocal Name: Kali tulsiMedicinal Uses:- Leaves are useful in skin infections like eczema.- Seeds are aphrodisiac.- Leaves added in tea or honey relieves from cough and cold.- It is a good tonic.

49) Phyllanthes niruri Linn.Family: EuphorbiaceaeLocal Name: Bhui-aonlaMedicinal Uses:- The whole plant is diuretic and given in jaundice.- Good liver tonic.- Cures urino-genital infections.


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50) Pithecolobium dulce Benth.Family: EuphorbiaceaeLocal Name: Rain tree, Vilayati imliMedicinal Uses:- Used in fever.

- Taken for curing dysentery.- Good energizer.

51) Polygonum spp. Benth.Family: PolygonaceaeLocal Name: IndraniMedicinal Uses:- Used in colic pains and pneumonia.- Taken in sore and bites of insect and snake.

52) Plumbago zeylanica Linn.

Family: PlumbaginaceaeLocal Name: Chitawar, Chitrak, ChitaMedicinal Uses:- Effective in intestinal disorders.- Cures wounds, fever, skin disorders, rheumatism and white spots of skin.

53) Ruta graveolens Linn.Family: RutaceaeLocal Name: SitabMedicinal Uses:- Cures rheumatism, hysteria and disorders of stomach.

- It is colic and anthelmintic.

54) Salmalia malabarica (DC) Schoit and Endl.Family: MalvaceaeLocal Name: Semur, SemulMedicinal Uses:- Gum of the plant is good for curing kidney troubles, leucorrhoea and tuberculosis.- Flowers and barks have ability to cure conjunctivitis and cutaneous infections.- It is expectorant, laxative and suppurative.

55) Sapindus laurifoliatus Linn.Family: SapindaceaeLocal Name: ReethaMedicinal Uses:- Fruits promote growth of hair.- It is used as shampoo.

56) Sauromatum guttatum Linn.Family: Araceae


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Local Name: Bhasam KandaMedicinal Uses:- Tuber is very good tonic.

57) Semicarpus anacardium Linn.

Family: AnacardiaceaeLocal Name: Bhilwa, BhallakMedicinal Uses:- Fruit is digestive.- It is used in cough, leprosy, piles and boils.- Seed oil is anthelmintic and good in scabies.

58) Shuteria hirsuta BakerFamily: FabaceaeLocal Name: CheevalMedicinal Uses:

- Seeds are used in conjunctivitis and other eye related disorders.

59) Sida rhombifolia Linn.Family: MalvaceaeLocal Name: PithkarentiMedicinal Uses:- The whole plant is used in curing rheumatism and pulmonary tuberculosis.

60) Solanum xanthocarpum Schard & Wendl.Family: SolanaceaeLocal Name: Bhat Kataiyan

Medicinal Uses:- It is effective in respiratory diseases, dropsy and throat disorders.- It cures gonorrhoea.- It is good in snake bites.

61) Sonchus arvensis Linn.Family: AsteraceaeLocal Name: SahdehiMedicinal Uses:- Good in body pains, diarrhea, dysentery, fever, leucorrhoea, leprosy, white spots of skin andring worms.- It is asteringent and diuretic.- It is good in snake bites.

62) Syzigium cumini (Linn.) Skeels.Family: MyrtaceaeLocal Name: JamunMedicinal Uses:- Fruit is carminative, astringent, diuretic and fabrifuge.


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- Bark is good in stomacihc dysentery, indigestion and lose of apetite.- It cure leucorrhoea, ring worm and diabetes.

63) Terminalia bellarica Roxb.Family: Combretaceae

Local Name: BahedaMedicinal Uses:- Fruit is imporatant in various disorders viz., cough, sore throat, abnormal digestion, worms,eye disorders, antipyretic, astringent, digestive, laxative, narcotic, tonic, diarrhea, dropsy,dyspepsia, headache, fever, leprosy, piles and skin infections.- Ayurvedic preparation TRIPHALA is made with the combination of T. chebula and Emblicaofficinalis.

64) Vanda roxburghii R.B.Family: OrchidaceaeLocal Name: Rasna, Banda

Medicinal Uses:- Good in rheumatism, external nervous system, anti-arthritis.

65) Vernonia cinerea Less.Family: AsteraceaeLocal Name: SahdeyiMedicinal Uses:- The whole plant is good in fever.

66) Zizyphus jujuba Lamk.Family: Rhamnaceae

Local Name: BerMedicinal Uses:- Good in diarrhea and fever.- It is a good blood purifier.

Result and Discussion:

Research and extension work are the keys to integrating folk medicine into modern primary

health care. The major objective should be to match safe, effective remedies to common

illnesses, using local medicinal plants. The problem is that very little is known about fold

medicine and traditional medicine proper, and it is impossible to say how effective they are

without a lot more research. The survey provides an evidence that the Gond and Bharia tribe

of Patalkot valley uses about 65 plants in various ailments. The tribal people depend totally on

herbal medicines as there is no clinic in the village. The plants are generally used as stomach

disorders, skin diseases, aphrodisiacs, fever, tonic, ulcer, asthma, snake-bite, respiratory


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diseases, leucorrhoea, dandruff, eye-diseases and diabetes. There is need of training on

conservation and cultivation of medicinal plants. There is a greater need to develop a garden

of medicinal plants of the area. The tribal people can also be encouraged to take up this job as

an income generation activity.

Integration of Indian Systems of Medicine (ISM) Into the Official Health Care System.

The ISM have a place in the official Indian health care system. Doctors trained in Ayurveda,

Siddha and Unani are part of the formal system. The government of India has recently created

a Department of ISM in the Ministry of Health to oversee policy and research in this area.

India has over the years have set up National Institutes of Homeopathy and Ayurveda. Similar

institutions exist for Siddha and Unani traditions of medicine based on Indigenous knowledge.

India has an old and well-established chain of companies who only produce drugs and

toiletries based on indigenous knowledge. Large, well-known companies include Himalayan

Drugs, Dabur, Baidyanath, Hamdard and several hundred large and small companies which

function as an association called the Ayurvedic Drug Manufacturers Association (ADMA).

For eg, Hair oils and shampoos containing Bhringraja (known for preventing graying),

Shikakai and Amla as prescribed in Ayurveda are sold regularly. In India, the health care

based on indigenous systems of knowledge is a regular feature for over 75% Indians. The rest

who are linked to the western style allopathic systems also resort to age-old home cures or a

prescription from an Indian healer like vaid or hakim. This system of knowledge has never

been lost from India, enjoying a continuous existence for a few thousand years. The Indian

does not see ISM as another alternative system of medicine.
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Botnicas such as this one in Jamaica Plain, Massachusetts cater to the Latino community and

sell folk medicine alongside statues ofsaints,candles decorated withprayers,lucky bamboo,

and other items.

Traditional medicine (also known as indigenous or folk medicine) comprises medical

knowledge systems that developed over generations within various societies before the era of

modern medicine. Practices known as traditional medicines include herbal,Ayurveda, Siddha

medicine, Unani, ancient Iranian medicine, Islamic medicine, traditional Chinese medicine,

acupuncture, Muti, If, traditional African medicine, and other medical knowledge and

practices all over the globe.

The World Health Organization (WHO) defines traditional medicine as:

"the health practices, approaches, knowledge and beliefs incorporating plant, animal

and mineral-based medicines, spiritual therapies, manual techniques and exercises,

applied singularly or in combination to treat, diagnose and prevent illnesses or

maintain well-being."

In some Asian and African countries, up to 80% of the population relies on traditional

medicine for theirprimary health care needs. When adopted outside of its traditional culture,

traditional medicine is often called complementary and alternative medicine. Herbalmedicines can be very lucrative, generating billions of dollars in sales, but adulteration or

counterfeit herbs can also be a health hazard. The WHO also notes, though, that

"inappropriate use of traditional medicines or practices can have negative or dangerous

effects" and that "further research is needed to ascertain the efficacy and safety" of several of

the practices and medicinal plants used by traditional medicine systems. [1] Core disciplines

which study traditional medicine include ethnomedicine, ethnobotany, and medical

anthropology.

In the written record, the study of herbs dates back 5,000 years to the ancient Sumerians, who

described well-established medicinal uses for plants. Ancient Egyptian medicine of 1000 BC

are known to have used various herbs for medicine. The Old Testament also mentions herb

use and cultivation.
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Manyherbs and minerals used in Ayurveda were described by ancient Indian herbalists such

as Charaka and Sushruta during the1st millenium BC. The first Chinese herbal book was the

Shennong Bencao Jing, compiled during the Han Dynasty but dating back to a much earlier

date, which was later augmented as the Yaoxing Lun (Treatise on the Nature of Medicinal

Herbs) during the Tang Dynasty. Early recognised Greek compilers of existing and current

herbal knowledge include Hippocrates,Aristotle, Theophrastus, Dioscorides and Galen.

Roman writers included Pliny the Elder and Celsus. Pedanius Dioscorides included the

writings of the herbalist Krateuas, physician to Mithridates VI King of Pontus from 120 to 63

BC in hisDe Materia Medica.De Materia Medica was translated into several languages and

Turkish, Arabic and Hebrew names were added to it throughout the centuries. Latin

manuscripts of De Materia Medica were combined with a Latin herbal by Apuleius Platonicus(Herbarium Apuleii Platonici) and were incorporated into the Anglo-Saxon codex Cotton

Vitellius C.III.

These early Greek and Roman compilations became the backbone of European medical theory

and were translated by the PersianAvicenna (Ibn Sn, 9801037), the Persian Rhazes (Rzi,

865925) and the Jewish Maimonides. Translations of Greek medical handbooks and

manuscripts into Arabic took place in the eighth and ninth centuries.

Arabic indigenous medicine developed from the conflict between the magic-based medicine

of theBedouins and the Arabic translations of the Hellenic and Ayurvedic medical traditions.

Spanish indigenous medicine was influenced by the Arabs from 711 to 1492. Islamic

physicians and Muslim botanists such as such as al-Dinawari and Ibn al-Baitarsignificantly

expanded on the earlier knowledge of materia medica. The most famous Arabic medical

treatise was Avicenna's The Canon of Medicine, which was an early pharmacopoeia and

introduced the method of clinical trials. The Canon was translated into Latin in the 12th

century and remained a medical authority in Europe until the 17th century. The Unani system

of traditional medicine is also based on the Canon.

Translations of the early Roman-Greek compilations were made into German by Hieronymus

Bockwhose herbal published in 1546 was calledKreuter Buch. The book was translated into
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Dutch as Pemptades by Rembert Dodoens (15171585), and from Dutch into English by

Carolus Clusius, (15261609), published by Henry Lyte in 1578 as A Nievve Herball. This

becameJohn Gerard's (15451612)Herball or General Histories of Plants. Each new work

was a compilation of existing texts with new additions.

Women's folk knowledge existed in undocumented parallel with these texts. Forty-four drugs,

diluents, flavouring agents and emollients mentioned by Discorides are still listed in the

official pharmacopoeias of Europe. The Puritans took Gerard's work to the United States

where it influenced American Indigenous medicine.

Francisco Hernndez, physician to Philip II of Spain spent the years 15711577 gathering

information in Mexico and then wroteRerum Medicarum Novae Hispaniae Thesaurus, many

versions of which have been published including one by Francisco Ximnez. Both Hernandez

and Ximenez fittedAztec ethnomedicinal information into the European concepts of disease

such as "warm", "cold", and "moist", but it is not clear that the Aztecs used these categories.

Juan de Esteyneffer'sFlorilegio medicinal de todas las enfermedas compiled European texts

and added 35 Mexican plants.

Martn de la Cruz wrote an herbal inNahuatl which was translated into Latinby Juan Badiano

as Libellus de Medicinalibus Indorum Herbis or Codex Barberini, Latin 241 and given toKing Carlos V of Spain in 1552. It was apparently written in haste and influenced by the

European occupation of the previous 30 years. Fray Bernadino de Sahagn's used

ethnographic methods to compile his codices that then became the Historia General de las

Cosas de Nueva Espana, published in 1793. Castore Durante published hisHerbario Nuovo in

1585 describing medicinal plants from Europe and the East and West Indies. It was translated

into German in 1609 and Italian editions were published for the next century.

Indigenous medicine is generally transmitted orally through a community, family and

individuals until "collected". Within a given culture, elements of indigenous medicine

knowledge may be diffusely known by many, or may be gathered and applied by those in a

specific role of healer such as a shaman ormidwife. Three factors legitimize the role of the

healer their own beliefs, the success of their actions and the beliefs of the community. When
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the claims of indigenous medicine become rejected by a culture, generally three types of

adherents still use it those born and socialized in it who become permanent believers,

temporary believers who turn to it in crisis times, and those who only believe in specific

aspects, not in all of it. Elements in a specific culture are not necessarily integrated into a

coherent system, and may be contradictory. In the Caribbean, indigenous remedies fall into

several classes: certain well-known European medicinal herbs introduced by the early

Spaniard colonists that are still commonly cultivated; indigenous wild and cultivated plants,

the uses of which have been adopted from the Amerindians; and ornamental or other plants of

relatively recent introduction for which curative uses have been invented without any

historical basis.

TRADITIONAL knowledge had always contributed to modern medicine and health care.Further for centuries, indigenous communities were used to surviving and adjusting their

agriculture, fishing and hunting in the event of changes in climate. It is ironical that now when

the threat of climate change is so imminent we are looking for solutions outside. However,

there is another threat looming large, that is, of losing these communities to outright

annihilation or due to their amalgamation in the mainstream. Moreover, with the

commercialisation of even natural resources, traditional knowledge that managed to maintain

sustainable levels of harvest has been sidelined. Issues of privatisation, alienation and bio-

piracy are major areas of concern. With globalisation these pressures are stronger than ever.

The existing policy and legal mechanisms to protect traditional knowledge usually does not

involve these communities themselves. Hence they do little to safeguard local community

needs, values and customary laws relating to traditional knowledge and genetic resources of

indigenous and local communities. We have to preserve this aspect of culture and amalgamate

it with modern methods to work towards environmental conservation.

By analysing the ethnic communities we can understand this aspect of inherited knowledge. I

shall substantiate this point further by highlighting some instances very briefly.

In the first instance, we have two success stories in two different eco-cultural landscapes, that

is, Demazong (the Buddhist eco-cultural landscape in Sikkim Himalayas) and the Apatani
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eco-cultural landscape in Arunachal Pradesh, which illustrate the utility value of traditional

ecological knowledge in sustainable natural resource management.

Another example is that of natural resource conservation at the village of Mendha in

Gadhchiroli district of Maharashtra. In 1987, the villagers renewed their efforts at biodiversity

conservation. It was decided that no commercial exploitation of the forests, except for Non-

Timber Forest Produce, would be allowed. Further, villagers would themselves regulate the

amount of resources they could extract from the forests and undertake measures to tackle soil

erosion. Forests would not be set on fire. Encroachment would not be allowed. The important

aspect of this community is that the villagers decide for themselves, yet they are open to

information from the outside world.

A third case study is that of the North-Eastern region of India which is home to diverse tribal

and other ethnic groups. These communities meet a substantial proportion of their resource

requirements from a relatively small catchment area in which they have been living for a long

time. They live in complete harmony with nature. For example, the Meetei communities in the

States of Manipur and Assam. Sacred groves, or Umang Lais, as they are called in the Meetei

language, form an integral part of the Manipuri tradition of nature worship. Several species of

plants are protected in these groves, which also offer protection to birds and animals. These

include teak, several fruit trees like lemon, plants of medicinal value such as ginger,

eucalyptus and bamboo. Fishes, waterfowl and other aquatic animals like snails and insects

are very common items in the diet of the Meetei. However, many of these animals are not

eaten during certain periods, probably with the motive of sustainable harvesting and

conservation.2 Thus, in this case certain religious beliefs and practices help in the

conservation of nature and its biodiversity.

Similarly, the indigenous inherited knowledge provided by the fishermen of Greater Mumbai

and Sindhudurg districts of Maharashtra was found to be rich, varied with potential technical

know-how associated with the management of bag net, shore-seine, gill net, long line and

traditional trawl fishery.


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In another case study, ethno-botanical surveys were conducted during 1998 and 1999 in

villages of Bhadra Wild Life Sanctuary area, situated in the Western Ghats region of

Karnataka. The utilisation of leaves of Centella Asiatica, and roots of Ichnocarpus Frutescens

in the treatment of jaundice, diabetes were found to be noteworthy.4 It is ironical that at a time

when the West is seeking solace in our traditional practices be it medicine, meditation or

Yoga, we, despite having a rich herbal wealth, have a share in the world herbal market that is

not even 1.5 per cent.

Another example is that of medicinal expertise of Yanadi tribals in Chittoor, Andhra Pradesh.

The alienation of the Yanadi from forest resources and the resultant loss of Yanadi traditional

knowledge is a serious issue.

Traditional medicine based on herbal remedies has always played a key role in the health

systems of many countries. In India the native people are exploiting a variety of herbals for

effective curing of various ailments. The plant parts used, preparation, and administration of

drugs vary from one place to other. However, the knowledge of herbal medicines is gradually

perishing, although some of the traditional herbal men are still practicing the art of herbal

healing effectively. These plants are frequently used by the local inhabitants of the area for

treatment of various diseases. Ethno-medicinal studies have offered immense scope and

opportunities for the development of new drugs. Some modern drugs have been deducted

from folklore and traditional medicines. Living close to nature, traditional societies have

acquired unique knowledge about the use of wild flora and fauna, most of which are unknown

to the people who live away from such natural ecosystem as forests. After years of

observations and analysis, trials, error, experimentation or even use of intuitive methods the

innovative member of human communities have selected/identified useful and harmful

members of the flora and fauna.

Such knowledge and practices/experience were subjected to further modification or

enriched with new knowledge of practice by succeeding generations and become a part of the

tradition, culture, art, belief, folklore and knowledge base of these traditional communities.

The traditional knowledge, skill and practices thus developed are freely exchanged cared for

and nourished as a common property of the communities.


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The value and importance of traditional knowledge are now being increasingly

acknowledge all over the world. The pharmaceutical industry continues to investigate and

confirm the efficacy of many medicines and toxins used by traditional communities

The forests have been the source of invaluable medicinal plants since the time man

realized the preventive and curative properties of plants and started using them for human

heath care. The old traditional Indian Systems of Medicine (ISM), is one of the most ancient

medicine practices known to the world, and derives maximum formulations from plants and

plant extracts that exist in the forests. About 400 plants are used in regular production of

Ayurvedic, Unani, Siddha and tribal medicine. About 75% are from tropical and 25% from

temperate forests. 30% of preparations are derived from roots, 14% bark, 16% whole plants,

5% flowers, 10% fruits, 6% leaves, 7% seeds, 3% wood, 4% rhizomes 6% stems and only lessthan 20% of the species used are cultivated.

Forest degradation processes adversely affect the resource base of medicinal plants.

The rural poor, whose dependence on these products is very heavy, are the worst sufferers.

The problems are compounded by market-demand driven harvesting without any concern for

representation and conservation. In the process essential regenerative components of a plant

like roots, tubers, fruits, seeds flowers and bark are indiscriminately collected, leading to

degradation and depletion and even extinction of particular species. Due to this ruthless

exploitation, many important medicinal plants species are becoming rare and some of them

are critically endangered. It is estimated that 10% of all plant species are currently endangered

in India.

Databases of traditional medicines can help protect against biopiracy while opening the

doors for new drug discovery, saysPriya Shetty.

Traditional biological knowledge tends to be uncomfortably juxtaposed between two worlds

the ancient, where knowledge was freely shared by all, and the modern, where it is

jealously protected through patents.


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But the past few months have seen milestones in bridging this divide.

This month (February), the United States Patent and Trademark Office (USPTO) partially

rejected Pfizer's patent on its impotence drug, Viagra, because of similarities with a Chinese

herb known as horny goat weed.

And last month, the European Patent Office (EPO) revoked a patent for a traditional remedy

extracted from the roots of endemic South African plants.

Both actions are examples of a growing trend to incorporate traditional knowledge into

modern patent applications. They follow agreements signed last year by the USPTO and

the EPO with India to consult its Traditional Knowledge Digital Library (TKDL) before

granting patents.

Promise of traditional medicines

So far, attempts to bring traditional medicines into treatment practices in the developed world

have largely failed. Traditional remedies are often bespoke to an individual, and the exact

combination of ingredients for even common treatments may vary which is anathema to

commercial standardisation.

Nevertheless, the ability to screen libraries of traditionally used chemical compounds offers

much promise that some developing countries are now quick to exploit.

The African Network for Drugs and Diagnostics Innovation, for example, includes the

development of new treatments for infectious diseases from traditional medicines as one of its

goals. It is pursuing this on its own and in collaboration with initiatives such as the Global

Institute for Bio Exploration, a global network that is investigating plant-based

pharmaceuticals for diseases such as tuberculosis and malaria.

Meanwhile, the Indian Council of Medical Research's Advanced Centre for Reverse

Pharmacology in Traditional Medicine, in Mumbai, is undertaking a similar approach to drug

discovery, studying for example the antimalarial properties of a type of jasmine known locally

as parijat.


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The Philippines is one of the richest countries in terms of cultural diversity. We have more

than 160 ethnolinguistic groups. Each ethnolinguistic group has a rich tradition of practices,

including those which refer to healing of the sick. Our indigenous peoples, mostly living in

the mountains or their fringes, have depended mostly on plants and other natural products

from the forest to treat their sick. A systematic documentation of the medicinal plants used by

our people is being conducted to protect the rights of the country or of the owner-communities

of the said information, similar to the traditional knowledge digital library (TKDL) model of

India. India was able to stop American companies from patenting their turmeric and neem

because their TKDL was able to show that turmeric and neem had been used for centuries by

Indian people.

The need for systematic documentation on the use of medicinal plants by our indigenouspeoples has to be urgently done because we may lose these rich traditional knowledge on

account of the harsh conditions our indigenous peoples are living in, the onslaught of

mainstream cultures to the detriment of the local cultures, and the lack of supportive

mechanisms to pass on the traditions to the younger generations.

What is Traditional Healing?

Traditional Healing is the oldest form of structured medicine, that is, a medicine that has an

underlying philosophy and set of principles by which it is practised. It is the medicine from

which all later forms of medicine developed, including Chinese medicine, Graeco-Arabic

medicine, and of course also modern Western medicine. Traditional Healing was originally an

integral part of semi-nomadic and agricultural tribal societies, and although archeological

evidence for its existence dates back to only around 6000 B.C., its origins probably date back


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from well before the end of the last Ice-age. There were and of course still are some regional

differences between the principles and philosophy of Traditional Healing although there are

also many fundamental similarities that arise from the profound knowledge of natural laws

and the understanding of how these influence living things, which is shared by all Traditional

Healers.

Traditional Healers practise in a different way than practitioners from other types of medicine.

Traditional Healers are truly holistic and understand the mind-body relationship.

Just like a human being is an integrated entity and cannot survive in pieces and health

is an integrated state of well-being of the whole body, ill-health cannot be treated

efficiently by experts that treat specific organs or areas of the body. The natural

harmony of the body can only be restored by an integrated and holistic approach.

Traditional Healers use natural methods of treatment, because these were the

resources that have nurtured the human race - and in fact all life - since the beginning

of time. Traditional Healing treatments are always integrated and involve a

combination of approaches such as psychotherapeutics, herbal medicine, nutritional

therapy and physical therapeutics.

Traditional Healers used to be taught by other Traditional Healers with many years

experience, by means of an "apprenticeship" that would take a minimum of 7 years,

and usually much more. These days however most Traditional Healers have a

combination of formal higher education as well as having served an extended period

of training with an older and more experienced Traditional Healer.

Traditional Healers have strong ethical principles that they extend to all life. They

believe it is their duty to foster life in all its forms and to alleviate suffering. They also

believe that Nature's laws must be obeyed in order to avoid decline and ultimate

disaster.

Principles of Traditional Healing.


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There are "four pillars" of Traditional Healing which according to the Roman historian Piny

the Elder (23-79 AD.) were: "Eruditio, Perspicacitas, Beneficentia et Caritas". Roughly

translated these mean: "learning, insight, goodwill and empathy". These are the basic

principles that should guide the Traditional Healer in all his or her actions. It is because of

these principles that Traditional Healing was and still is, often referred to as "Wisdom

Medicine" or "Wizard Medicine" (the word wizard means 'wise man', not 'sorcerer').

The principles and philosophy of Traditional Healing always deal with natural

laws, because all life is subject to these natural laws and ill-health is usually due to an

abnormal imbalance, either within an organism, or of the organism with its environment.

Therefore Traditional Healers do not only work at correcting the internal imbalances through

which disease can manifests in an individual, but also work at re-establishing an individual'sharmony with their environment and their relationship with the natural cycles to which all life

is subject.

Traditional Healing sees the universe as operating according to natural laws that manifest

according to specific rules and correspondences. They believe that the purpose of life and the

nature of disease cannot be understood without knowledge of these laws and their

correspondences.

Energetic Medicine

Traditional Healing is an energetic medicine. It considers that an all-pervading energy is

present in all matter that embodies the natural laws and universal creative force. This energy

has different names in different cultures; for example the ancient Greeks called it Pneuma and

also Aether, in China it is called Qi, in Japan Ki, in India Prana, while in the Pacific cultures it

is know as Mana. Although this energy may have many different names, the underlying

attributes of this energy are perceived very much in an identical way in all cultures. Thus

living beings are considered to manifest a higher level of this energy, while inanimate objects

manifest it in a much more limited and basic way. Traditional Healers believe that this energy

can become disturbed in living beings due adverse thoughts and emotions, an inappropriate

lifestyle, an unwholesome diet, unhealthy air, tainted water, an unnatural environment and a


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disharmony with natural cycles. As these are the ultimate causes of disease, the Traditional

Healer may initially set out to improve overall health, but will always recognise the need to

correct the cause in order to provide a full and final recovery.

This energy manifests itself in the physical world in the form of concrete entities

called elements. These elements are not the same as the elements used in modern chemistry,

but rather represent specific attributes. For example, Fire is energetic and consuming, Air is

active and enlivening, Water is formless and controlling, while Earth is solid and nurturing.

These attributes represent different levels of activity of energy, and determine not only the

appearance of material objects, but also the inherent nature of living things. In man this

translates into a system of individual constitutions and temperaments, which represent

inherent and acquired characteristics, and which must be taken into account to ensure the

correct treatment approach is used for a given person. The Oriental Schools of Traditional

Healing also have an additional system of elements that represent the cycles of life rather than

states of matter; this system that consists of five elements, namely: Fire, Earth, Metal, Water

and Wood.

Traditional Healing Today

Since the advent of 'big government', which in Europe occurred with the Roman

invasions and in North America with English colonisation, Traditional Healing has at best

been misrepresented and suppressed and at worst been persecuted. This is not surprising, as

the Traditional Healers' extensive knowledge and their independence, because of their use of

freely available natural resources, tends to place them outside of the economic and political

control of governments. Governments have, through the ages, therefore tended to view

Traditional Healers as a legacy of the past freedoms of tribal life and thus a threat to their

autonomy and power. This is why all governments have striven to fragment and control

healing practices. Big government is generally only interested in control and power, and very

rarely has had any real and genuine interest in the health of its subjects. This is proven by the

fact that governments have, over the ages, been quite happy to sanction and give patronage to

medical practices that were more lethal than helpful, as long as these were under their control.


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For the ability to control a country's medicine gives rulers unsurpassed control over its

citizens.

In the past, the fear of reprisals by governments has caused a severe decline in

Traditional Healing and has forced most Traditional Healers to do their work very quietly,

within a circle of trusted supporters. With the new resurgence of ethnic practices and medicine

all over the world however, Traditional Healing is also gradually gaining strength and is

making a slow, but sure return, although the number of Traditional Healers worldwide is still

not large by any means. Traditional Healing is not looking for endorsement by any

governments however. Governments and civilizations exist at best for a limited time.

Traditional Healing is both an ancient medicine and the medicine of the future. It is timeless.

Ethics

Traditional Healers that are Chartered members of the Traditional Healers Fellowship have a

Code of Ethics, which they have pledged to abide to at all times.

This Code of Ethics fulfils two important roles:

It protects the public by making members and their patients aware of what

constitutes proper ethical practice, and

It protects the reputation of Traditional Healers.

Traditional Healers' Code of Ethics

Traditional Healers must practice with high motives and ideals and by following the

laws of nature.

The duty is to facilitate nature's healing power to the highest possible degree.

A Traditional Healer must maintain proper care of a patient and respond to an

emergency.


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A Traditional Healer shall not attend a patient while inebriated or while suffering a

communicable disease.

A Traditional Healer shall always endeavor to have a legal guardian present when

treating a ward or minor.

A Traditional Healer shall not engage in illegal, immoral or improper conduct with

a patient, nor encourage such behaviour.

Cases that do not improve should be referred for a second opinion or attention by

another practitioner.

Statements to patients should be made in a spirit of caring and truthfulness.

Appropriate patient confidentiality must be maintained at all times.

Fees charged must be fair and ethical.

Advertising and promotion must be ethical; exaggerated claims are against the

spirit of Traditional Healing.

A Traditional Healer shall not terminate the life of any person nor injure the life of

a foetus.

Traditional Healers shall uphold the honour and reputation of Traditional Healing at

all times.

Protection of traditional knowledge in Indian Patent Act

The new millennium poses serious challenge to the international legal community to set new

international legal standard for tacking the problem of intellectual property protection throw

open by the technology developments. Protections of the Traditional Knowledge of the local

and indigenous communities seem to be one of the most contentious and complicated issue.

The historical development of the protection of intellectual property in the wake of individual

private property rights, pushed, the traditional knowledge and the innovative practice based on

the it outside the purview of the formal intellectual property protection regime. Traditional

Knowledge was treated as Knowledge in the public demeans for free exploitation without

showing any respect or concern for the effort taken by the communities to preserve and

promote the same. The new technological developments, particularly in biotechnology, clearly

demonstrate the significance and usefulness of traditional knowledge for the development of

new product of commercial importance. The formal intellectual Knowledge base. The need to


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protect the traditional knowledge captured the attention of the international community only

recently but the standard setting was left to the national governments. The absence of the

international standards, that causes serious negligence for the protection of the traditional

knowledge and the benefits of new technology.

The current system of intellectual property protection designed to promote

commercial and scientific innovation, offers little scope for protecting the knowledge rights of

indigenous peoples, traditional farmers and healers. Safeguarding this rich knowledge base

requires the development of alternative systems, which support the distinct socio-economic,

cultural and ecological needs of local resource users.

Since January 2005, this action-research project has focused on developing alternative tools

to protect traditional knowledge which are rooted in local customary laws rather than based on

existing Intellectual Property standards. Existing IPRs (eg. patents, copyrights) are largely

unsuitable for protecting rights over traditional knowledge because they provide commercial

incentives, whereas traditional innovations are driven primarily by subsistence needs. Survival

from nature requires continual access to new knowledge and innovations ie. Collective

rather than exclusive rights.

To sustain biodiversity-based lifestyles, communities need to maintain control over theirknowledge and related bio-resources and prevent others from unfairly exploiting or

appropriating them, while taking advantage of market opportunities themselves. Many

communities are facing increasing threats to their resource rights due to the spread of western

IPRs (eg. patents and PBRs), often through Free Trade Agreements. IPRs can confer rights

over community resources to others (eg. if they are mis-granted or granted too easily) and do

not require consent or benefit-sharing when community resources are used by others .

Limiting rights to use, sell or exchange a bioresource can be a serious problem if your

livelihood depends on it.

Patents and Traditional Knowledge:


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In broad terms, patents can be defined as exclusive rights granted for an invention - either a

product or a process - that offers a new technical solution to a specific problem. A patent

implies the grant of a monopoly to an inventor who has used his knowledge and skills to

produce a product or process which is new, involves an inventive step and is capable of

industrial application.

Over the past few years, the patent system has come under considerable

criticism of its failure to prevent the misappropriation of traditional knowledge. While there is

wide agreement that positive protection of traditional knowledge can not be successively

accomplished through the patent system, increasingly, consideration is being given to

suggestions to use the patent system as a defensive measure against misappropriation of

traditional knowledge. Traditional knowledge also constitutes much of the worlds medicinal

knowledge and agricultural knowledge. Indigenous and local communities around the world

rely on this knowledge for their survival, daily life, healing and nutrition needs. In Africa

alone, 80% of the population relies on traditional remedies to combat disease. The value of

traditional knowledge is being applied in the fields of botanical, pharmaceutical, agricultural,

biotechnological and genetic research.

The Communities survived on their traditional knowledge base. The product they

manufactured format part of there livelihood. Even today many local and indigenous

communities in the Asian countries meet their basic need from the product they

manufacturing and sell based in their traditional knowledge. Maintenance of there health even

now based traditional medicine derived from plants and other natural products. The

development of new technology and the new of technology and the survival of many of these

communities. The modern culture industries as well as the manufacturing industry (textile,

handicraft, pharmaceutical, seed etc,) now commercially exploit the traditional; knowledge

based product using new technology without the permission and sharing of profits with the

communities. It is possible today to bring out new products or find out new of existing

product based on traditional; knowledge utilizing the technological in the field of

biotechnology. This is provided beyond doubt particularly in the field of medicines,

agriculture, etc. The Bio- prospecting helps the scientists in the modern pharmaceutical


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research laboratories to get that know that how to developed new product or new use of

existing product.

The legal norms relating to the formal intellectual property rights based on

copyright, patent, design, etc., were developed to tackle the social problems that emerged due

to the scientific developments during industrial revolution in the West. The legal norms

crystallized to protect the new Knowledge have a significant bearing on the manner in which

the western system looked at science and scientific developments. Thus the concept of

originality, novelty, utility, non-obvious or inventive stepetc., used to find out the items

that are to be protected through the formal intellectual property system addressed only the

scientific developments based on the western understanding of science. In the same way the

insistence of the identity of the creator of the new Knowledge - author or inventor as the casemay be - for the purpose of affording protection also reflects the individual private property

jurisprudence underlying the protection of intellectual property. These concepts kept the

traditional knowledge and the products based on it outside the scope of formal intellectual

property system and treated it as Knowledge in the public domain for exploitation without

authorization.

The Knowledge based of the community remains any legal protection, where as

the creators of new knowledge based on it using modern science were afforded protection by

the formal system. The provisions in the TRIPS Agreement are a clear indication in this

direction. This calls for a different jurisprudential approach for the protection of Traditional

knowledge.

The TRIPS Agreement also has some provisions having limited application

to the protection of Traditional Knowledge. The obligation to protect geographical indications

can be used to protect traditional knowledge if associated with the indication used for

production and sale of goods. It is made clear that a given quality, reputation or other

characteristics of the goods essentially attributable to its geographical origin are to be

considered in identifying the geographical indications for protection. Thus it may be possible

for protection through geographical indication the traditional knowledge associated with

goods.


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Disclosing traditional knowledge which forms part of an invention and of the state of the art

or prior art will promote the progress of science by creating an incentive for the maintenance

of traditional knowledge systems . This will happen by traditional knowledge being widely

and universally accepted within western or modern innovation protection systems and

becoming a reference point within the regular operations of the international patent system.

Sui generis PVPs in India: India plays a very critical role in the plant variety protection

debate, representative of the vulnerabilities and ambitions of the developing nations. This

owes itself to the following reason:

India is a germplasm-owning country and it has access to a

large range of genetic resources. It has a high technology stand available within the country.

This is due to the enormous investments made in agricultural research, especially during the

days of the Green Revolution, which created a strong scientific cadre, from scientist to

technical assistants. It has a large repertoire of skilled manpower which makes available

comparative skills at half the cost. Another advantage from the point of view of India is the

cost of the technology itself. Biotechnology, unlike every other major technology t o have

developed in recent times, is not capital but labor intensive. This is a tailor made

situation for a country strapped for cash but rich in manpower.

The protection of plant varieties and farmers rights act, 2001: The history of the

evolution of Indias sui generis plant variety protection can be traced back to 1999 when

The Plant Variety Bill was introduced in December 1999 with a view to start parliamentary

process before the TRIPS implementation deadline of 1st January 2000. This draft was not

at all comprehensive and was on the whole largely a plant breeders rights legislation. In

the event, the act was not adopted immediately but was referred to a joint parliamentary

committee. After a number of hearings in 2000, the committee ended up substantially

rewriting the bill. It maintained the main provision with respect to a plant breeders rights

regime but added an important new chapter on Farmers Rights. Thus the Committee inessence added an element to the first draft, which as analyzed below, has created certain

imbalances in the overall legal regime proposed under the Plant Variety Act.

The Plant Variety Act was finally passed in 2001. Following the adoption of the Act, rules

were framed in 2003. The Plant Variety Act of 2001 has a clear twin mandate. It is premised

on the need to recognize and protect the rights of farmers in respect of their contributions


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made at any time in conserving, improving and making available plant genetic resources

for the development of new plant varieties as well as to protect plant breeders rights to

stimulate investment for research and development, both in public and private sector for

the development of new plant varieties. In general the aims of the act are much broader in

scope than those of the UPOV Convention.

Positive features of the act: Under the plant variety act, the new plant variety must

conform to the criteria of novelty, distinctiveness, uniformity and stability. It is remarkable

that the PPVFR allows four types of varieties to be protected: a new variety, an extant, an

essentially derived and a farmers variety. Extant variety is a broad category covering

varieties available in India that are notified under Section 5 of the Seeds Act 1966 in situations

where it has been deemed necessary to regulate the quality of seeds for specific variety sold

for use in agriculture. Farmers varieties are those about which there is common knowledge

or which are in the public domain. An essentially derived variety is one that can be

distinguished from the initial variety but retains its essential characteristics. This multiple

rights system aims to distribute benefits equitably.

The PPVFR gives different protection durations for different cases. More precisely, for

trees and vines, the period of protection is 18 years from the date of registration of the

variety; for extant varieties, the period of protection is 15 years from the date of thenotification of that variety by the Central Government under Section 5 of the Seed Act 1996

and for other varieties, the period of protection is 15 years from the date of registration of the

variety.

The main contribution of the Act is the possibility granted under Section 39 to farmers to

be offered exactly the same rights as commercial breeders for their varieties. In other words,

farmers have the right to save, use, sow, re-sow, exchange, share, or sell their farm produce,

including seeds. The only proviso is that these seeds must not be branded with breeders

registered name. In this way both farmers and breeders rights are protected. The breeder is

rewarded for his innovation, but without being able to threaten the farmers ability

independently to engage in his livelihood and supporting the livelihood of other

farmers. In addition, as a part of the farmers rights, compensation can be claimed if a

variety fails to provide the expected performance under given condition and leads to crop


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failure.

Some other valuable features of the act include are the explicit and detailed disclosure

requirements in the passport data required at the time of applying for a breeders

certificate; the complete ban on Gene Use Restricting Technology (GURT) that is

terminator technology, exemption of fees for farmers and the protection guaranteed against

innocent infringement.

With specific respect to the environment, the Act recognises that farmers are not only

innovators but also important conservers of agro biodiversity. Thus where farmers contribute

to the conservation of genetic resources of land races and wild relatives of plants whose

genes have been used in varieties protected under the Act or where they contribute to the

improvement of these same plants through selection and preservation, they are entitled to

a financial reward. This reward will be instituted by the National Gene Fund set up under

the Act. The conservation focus even though narrowed for economic use alone, is noteworthy

for at least acknowledging the link between conservation and use.

Inadequacies in the act: Despite being christened as a progressive legislation in the field of

PVPs, the Plant variety act faces a number of shortcomings. To begin with, it remains unclear

whether farmers will ever be able to benefit from the relatively generous provisions of the

act. while there exists a framework in place for the registration of farmers varieties, veryfew farmers if any will be able to benefit from its provisions because their varieties generally

do not meet the criteria of distinctiveness, uniformity and stability- a criteria directly picked

up from the UPOV Convention designed exclusively for commercial breeders.

The second corollary is with regard to the essentially derived varieties. On the one hand,

the Act indicates clearly that it seeks to provide a framework for the protection of the

rights of commercial breeders as well as farmers. On the other hand while India is officially

seeking to join the 1978 Act of the UPOV Convention, the Act provides for not only

the protection of new varieties but also for the protection of essentially derived varieties.

Further, under Section 46. 2 (d), the use of farmers varieties to breed new varieties will have

to be paid for and the revenue will flow into a Gene Fund. Despite the good intentions of

protecting the farming community, the formulation of this section is likely to create problems

in implementation because the drafting is poor, even incomplete. With respect to the


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liability clause for protection against bad seed, too much discretion is left to the plant

variety authority which will fix the compensation. According to national NGOs working in

the field such as Gene Campaign, this will lead to arbitrary decisions. They suggest that if it is

proved that a breeder has made false claims and that as a result the farmer has suffered a crop

failure, compensation of at least twice the projected harvest value must be awarded. In

addition a jail term should be provided if the offence is repeated. Thus it can be concluded that

the Act exhibits noble intentions in principle but in practice, it seems likely that the original

emphasis of the 1999 Bill is likely to prevail.

An evaluation: At the very outset, the Plant Variety Act is not the only legislative

instrument of relevance in India in the field of plant variety protection. There are at least two

other Acts which are related. Striking a balance between economic use and conservation will

be difficult to achieve without specific coordination between these Acts at the

implementation level. The first is the Patents Act 1970. There is in principle a clear

distinction between the two since the Patents Act specifically prohibits the patentability of

plant varieties. Given that patents will in the future be sought on biological material used for

inventions in the field of agricultural genetic engineering, there is a direct link with

agriculture. There is also a direct link with farmers varieties and extant varieties. These

links are not mentioned in the Act. The second related act is the Biodiversity Act 2002 whichin practice focuses mainly on access to biological resources, control over these resources and

related knowledge and benefit sharing. Further, the Biodiversity Act specifically delves into

IPR related issues; therefore the potential for confrontation in practice is significant.

Thus there exist substantive overlaps between the mandates of the three Acts which require

specific provisions for their coordination. Also, the question of benefit sharing is likely to

cause significant problems once the three Acts are implemented. For example the

Patents Act does not provide for any benefit sharing even though benefit sharing in cases

where patents related to biological material are granted is provided for under the Biodiversity

Act. Further, new international legal obligations have come into force since the Act was

adopted such as the PGRFA Treaty which must be integrated harmoniously.

It can this be concluded that the Indian sui generis regime can be viewed from two

absolutely varying perspectives. On one hand, the Plant Variety Act is a progressive


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legislation as it provides a clear acknowledgement that farmers rights can be conceived as

intellectual property rights, in exactly the same way as other products of human crea

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