Biological Diversity Act

Why in news?

• The Biological Diversity Amendment Bill 2021, introduced in the Lok Sabha exempts Ayush practitioners from the ambit of the Biological Diversity Act, 2002, and facilitates access to biological resources and traditional knowledge by the Indian traditional medicine sector.

About Biological Diversity Act 2002:

• The Act was enacted for the conservation of biological diversity and fair, equitable sharing of the monetary benefits from the commercial use of biological resources and traditional knowledge.

Salient Features of the Act:

• The Act prohibits the following activities without the prior approval from the National Biodiversity Authority:
  • Any person or organisation (either based in India or not) obtaining any biological resource occurring in India for its research or commercial utilisation.
  • The transfer of the results of any research relating to any biological resources occurring in, or obtained from, India.
  • The claim of any intellectual property rights on any invention based on the research made on the biological resources obtained from India.
• The act envisaged a three-tier structure to regulate the access to biological resources:
  • The National Biodiversity Authority (NBA)
  • The State Biodiversity Boards (SBBs)
  • The Biodiversity Management Committees (BMCs) (at local level)
• The Act provides these authorities with special funds and a separate budget in order to carry out any research project dealing with the biological natural resources of the country.
• It shall supervise any use of biological resources and the sustainable use of them and shall take control over the financial investments and their return and dispose of those capitals as correct.
• Under this act, the Central Government in consultation with the NBA:
  • Shall notify threatened species and prohibit or regulate their collection, rehabilitation and conservation
  • Designate institutions as repositories for different categories of biological resources
  • The act stipulates all offences under it as cognizable and non-bailable.
• Any grievances related to the determination of benefit sharing or order of the National Biodiversity Authority or a State Biodiversity Board under this Act, shall be taken to the National Green Tribunal (NGT).

Exemptions:

• The Act excludes Indian biological resources that are normally traded as commodities.
  • Such exemption holds only so far the biological resources are used as commodities and for no other purpose.
• The act also excludes traditional uses of Indian biological resources and associated knowledge and when they are used in collaborative research projects between Indian and foreign institutions with the approval of the central government.
• Uses by cultivators and breeds, e.g. farmers, livestock keepers and bee keepers and traditional healers e.g. vaids and hakims are also exempted.

What is access and benefit-sharing?

• Under the Convention of Biological Diversity, and the Nagoya Protocol on Access and Benefit Sharing to which India is a party, it is mandated that benefits derived from the use of biological resources are shared in a fair and equitable manner among the indigenous and local communities.
• When an Indian or foreign company or individual accesses biological resources such as medicinal plants and associated knowledge, it has to take prior consent from the national biodiversity board.
• The board can impose a benefit-sharing fee or royalty or impose conditions so that the company shares the monetary benefit from commercial utilisation of these resources with local people who are conserving biodiversity in the region.

Biological Diversity (Amendment) Bill, 2021

• It seeks to reduce the pressure on wild medicinal plants by encouraging the cultivation of medicinal plants
• Exempts Ayush practitioners from intimating biodiversity boards for accessing biological resources or knowledge
• Facilitates fast-tracking of research
• Simplify the patent application process
• Decriminalises certain offences
• Bring more foreign investments in biological resources, research, patent and commercial utilisation, without compromising the national interest.

Why is the Act being amended?

• According to the bill, concerns were raised by Ayush medicine, seed, industry and research sectors urging the government to simplify, streamline and reduce the compliance burden to provide for a conducive environment for collaborative research and investments.
• They also sought to simplify the patent application process, widen the scope of access and benefit-sharing with local communities. In most cases, this is a certain percentage of the sale price.

Concerns with the bill:

• Amendments are completely contrary to the main objective of the Act:
  • One of the major changes in the new bill is that registered Ayush practitioners who have been practising indigenous medicine can access any biological resource and its associated knowledge for commercial utilisation, without giving prior intimation to the state biodiversity board.
  • The amendment seems to be done with the sole intention of providing benefit to the Ayush industry. The main focus of the bill is to facilitate trade in biodiversity as opposed to conservation, protection of biodiversity and knowledge of the local communities.
• Chance of misuse by large corporates:
  • The bill also exempts cultivated medicinal plants from the purview of the Act but it is practically impossible to detect which plants are cultivated and which are from the wild.
  • This provision could allow large companies to evade the requirement for prior approval or share the benefit with local communities under the access and benefit-sharing provisions of the Act.

PRELIMS QUESTION

Which of the following statements are correct regarding Biological Diversity Act 2002?

1. The Act prohibits the claim of any intellectual property rights on any invention based on the research made on the biological resources obtained from India without the prior approval from the National Biodiversity Authority.

2. Any grievances related to the order of the National Biodiversity Authority under this Act, shall be taken to the National Green Tribunal (NGT).

Select the correct answer using the codes given below:

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

Answer