Context: Recently, Lok Sabha passed the Biological Diversity (Amendment) Bill 2021 to amend the Biological Diversity Act, 2002.

About Biological Diversity Act, 2002

• It was enacted to conserve the country’s biological diversity and promote the sustainable use of its biological resources. 

Regulatory Structure:  It sets up a three-tier structure for regulation: 

• National Biodiversity Authority(NBA) at the national level.

• State Biodiversity Boards(SBB) at the state level.

• Biodiversity Management Committees at the local body level.

• Benefit Sharing: The Act provides for sharing of benefits with conservers of biodiversity and holders and creators of associated knowledge. 

• Benefits may be shared in various forms such as monetary compensation, sharing of intellectual property rights, or  technology transfer.

• Adherence to UN Convention: It was framed to give effect to the United Nations Convention on Biological Diversity (CBD), 1992.

• Inclusion of Intellectual Property Rights (IPRs): The Act includes in its ambit the transfer of research results and application for IPRs relating to Indian biological resources.

Constitutional Provisions relating to Biodiversity

• Article 48A: Protection and improvement of environment and safeguarding of forests and wildlife. The State shall endeavor to protect and improve the environment and to safeguard the forests and wildlife of the country

• Article 51-A (g): It shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures.

Salient Features of the Biological Diversity (Amendment) Bill, 2021

• Exemption for AYUSH Practitioners: The Bill exempted registered AYUSH medical practitioners from the requirement of giving prior intimation to State Biodiversity Boards for accessing biological resources for certain purposes.

• This exemption aimed to facilitate easier access for traditional medicine practitioners to biological resources for medicinal purposes.

• Exemption for Cultivated Medicinal Plants: The Bill excluded cultivated medicinal plants from the purview of the Biological Diversity Act.

• This meant that access to cultivated medicinal plants for various purposes would not be subject to the regulations and requirements of the Act.

• Fast-tracking of Research and Patent Application: The Bill proposed to fast-track the process of research and patent applications related to biological resources.

• This provision aimed to encourage and expedite research and innovation in the field of biodiversity and its applications.

• Change in Offences Classification: The Bill proposed to change the nature of violations of the law related to access to biological resources and benefit-sharing with communities.

• Currently treated as criminal offences that are non-bailable, the Bill sought to make these violations civil offences.

• Foreign Investment in Biodiversity Research: The Bill allowed foreign investment in research related to biodiversity.

• However, it stipulated that such investment should be made through Indian companies involved in biodiversity research exclusively.

• Introduction of Member-Secretary Post: The Bill introduced the post of ‘Member-Secretary’ to be appointed by the Central Government.

• The Member-Secretary would serve as the chief coordinating officer and convener of the National Biodiversity Authority (NBA) and assist the Authority in discharging its functions under the Biological Diversity Act.

Significance of The Bill

• Boosting Indian Medicine System: The Bill is expected to give a boost to the “Indian system of medicine,” also known as AYUSH (Ayurveda, Yoga, Unani, Siddha, and Homeopathy).

• Promoting Cultivation of Medicinal Plants: The Bill is designed to reduce the pressure on wild medicinal plants by encouraging the cultivation of medicinal plants.

• Expansion of National Biodiversity Authority (NBA): This move is expected to facilitate greater coordination and integration of biodiversity considerations in national policymaking and decision-making processes.

• Conducive Business Environment: The proposed changes in the Bill aim to create a more conducive business environment by simplifying the patent application process.

• Fast-Tracking Research and Investments: This move can lead to quicker innovation and technological advancements in the field of biodiversity.

Concerns

• Ambiguity: The term Codified Traditional Knowledge has not been defined.  A broad interpretation might exempt all local traditional knowledge from benefit sharing requirements.

• Removal of  Prior Informed Consent: There is no provision for a mechanism for obtaining prior informed consent of the local and indigenous communities. This is in contrast with the framework under Nagoya Protocol.

• For Example: In Divya Pharmacy vs Union of India (2018), the Uttarakhand High Court had observed that under the Nagoya Protocol, the concept of fair and equitable benefit sharing is focused on the benefits for local and indigenous communities.

• Risk of Biopiracy: One of the main concerns is that easing the norms and giving exemptions could open the door to biopiracy.

• Biopiracy refers to the unauthorized commercial exploitation of biological resources or traditional knowledge belonging to indigenous and local communities.

• Exemption of AYUSH Companies: This exemption is seen as a violation of a 2018 judgement by the Uttarakhand High Court that mandated all companies, both foreign and Indian, to seek prior consent and approval for access and benefit-sharing with local communities.

• Violation of Forest Rights Act: The Bill is seen to be in violation of the Forest Rights Act, 2006, which recognizes and authorizes the Gram Sabha (village council) for prior permission and approval in case of any access to forests.

• Dilution of Penal Provisions: The Bill has been criticized for diluting the penalty provisions.

Road Ahead

• Protected Areas and Conservation Reserves: Establish and expand protected areas and conservation reserves to safeguard critical habitats and ecosystems. 

• Community Involvement and Indigenous Knowledge: Engage local communities, including indigenous peoples, in conservation efforts. 

• Sustainable Agriculture and Fisheries: Promote sustainable agricultural practices that prioritize biodiversity conservation, such as organic farming, agroforestry, and supporting biodiversity-friendly fishing practices.

• Research and Monitoring: Invest in scientific research and monitoring programs to understand biodiversity patterns, threats, and the effectiveness of conservation measures.

• International Cooperation: Engage in international agreements and initiatives, such as the Convention on Biological Diversity and the Nagoya Protocol, to enhance biodiversity conservation on a global scale.

• Corporate Responsibility: Encourage businesses to adopt sustainable practices and consider biodiversity conservation in their operations and supply chains.