Biological Diversity Act, 2002

Published on 04 Apr 2025

The Biodiversity Act, 2002 was a result of India's efforts to implement the goals of the 1992 United Nations Convention on Biological Diversity (CBD), which recognizes the sovereign rights of nations to use their biological resources.

Salient features of the Act

• Main objective: To protect the country's biodiversity, which includes animals, plants, microorganisms, genetic resources, and the ecosystems they inhabit.

• 3-level structure for regulating the availability of biological natural resources:

• The National Biodiversity Authority (NBA)

• The State Biodiversity Boards (SBBs)

• The Biodiversity Management Committees (BMCs) (at local level)

• Funding mechanism: The Act provides these authorities with funds and a separate budget that allows them to perform any research project managing the biological resources of the country.

Key amendments made in the Biodiversity Bill 2021:

• Streamline the approval process: Provisions have been added to speed up the approval of research using biological resources and the filing of patent applications.

• Encouraging foreign investments: With the help of Indian companies involved in biological research projects.

• Decriminalizing certain offences: The penalty provisions for wrongdoing by user agencies have been rationalised.

• Exemption to AYUSH Practitioners: It aims to exempt registered AYUSH practitioners and codified traditional knowledge practitioners from giving prior intimation to State biodiversity boards for accessing biological resources for certain purposes

• Treatment of Indian companies with foreign capital: Companies registered in India and controlled by Indians are treated as Indian companies even if they have foreign equity or partnership, thus reducing restrictions on their activities related to biological resources.

• Improving India's Medical System: Facilitating Research, Patent Application and transfer of research results.

Concerns raised against the Biological Diversity (Amendment) Bill, 2021

• Weakening of Regulatory Oversight: It weakens legislative oversight of the National Biodiversity Authority and State Biodiversity Boards, which may raise concerns about unlicensed and unsustainable use of biological resources.

• Prioritizing industry over nature conservation: It prioritizes industrial interests over the conservation of biodiversity, which is contrary to the spirit of the Convention on Biological Diversity.

• Limited Benefit-sharing: The inclusion of "codified traditional knowledge" excludes certain users, including practitioners of Indian systems of medicine, from the need to share benefits.

• Loopholes for domestic companies: Only "foreign-controlled companies" might want to seek permission for the usage of biodiversity resources. This ought to create loopholes for domestic companies with overseas shareholding to bypass the approval process, raising concern about unchecked exploitation of biodiversity.

• Decriminalization of offences: This can weaken enforcement of biodiversity protection laws and hinder efforts to prevent illegal activities.

• Threat of Bio-Piracy: Exemption of AYUSH practitioners may result in the exploitation of natural resources.

Way Forward

• Stakeholder consultation: Ensure complete consultations with a wide range of stakeholders, like environmental experts, indigenous communities, non-governmental organizations, etc.

• Integrated Policies: Develop and put in force integrated guidelines that prioritize both biodiversity conservation and sustainable utilization.

• Conservation Reserves and Protected Areas: Strengthen and enlarge the community of conservation reserves and guarded regions to shield vital ecosystems and habitats.

• Monitoring and Enforcement Mechanisms: Strengthen monitoring and enforcement mechanisms to prevent illegal access to biological resources, promote adherence to regulations, and address any violations immediately.

• Biodiversity Management Committees: Strengthen the role of BMCs at the local level and ensure that local communities have a meaningful say in decision-making related to biodiversity and benefit sharing.

• Biodiversity and GMOs: Biosafety concerns must be addressed by establishing strict regulations on the use of genetically modified organisms (GMOs), ensuring thorough risk assessment and transparent regulatory processes.

Tags:
Environment

Keywords:
Biodiversity Biological diversity act Ecosystem Habitat

Syllabus:
General Studies Paper 3

Topics:
Biodiversity and Wildlife Conservation