Amendments in Biological diversity act 2002

Relevance: GS-3: Conservation, Environmental Pollution and Degradation, Environmental Impact Assessment.

Key phrases: Biological Diversity Act, Resource sharing

Why in news?

Analysis:

The Act was introduced to achieve the objectives of United Nations Convention on Biological Diversity (CBD), 1992.
The Act covers conservation, use of biological resources and associated knowledge occurring in India for commercial or research purposes or for the purposes of bio-survey and bio-utilisation.
It provides a framework for access to biological resources and sharing the benefits arising out of such access and use.
The Act also includes in its ambit the transfer of research results and application for intellectual property rights (IPRs) relating to Indian biological resources.
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

The main intent of this legislation is to protect India’s rich biodiversity and associated knowledge against their use by foreign individuals.
It seeks to check biopiracy, protect biological diversity and local growers through a three-tier structure of central and state boards and local committees.
Taking necessary measures to oppose the grant of intellectual property rights in any country outside India on any biological resource obtained from India or knowledge associated with such biological resources derived from India illegally.
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.

Biological resources sharing: Exempts Ayush practitioners from intimating biodiversity boards for accessing biological resources or knowledge (Vaids and Hakims)
Research promotion: Facilitates fast-tracking of research, simplify the patent application process
It seeks to reduce the pressure on wild medicinal plants by encouraging the cultivation of medicinal plants
Decriminalization: Decriminalises certain offences
Bring in foreign investment: Seeks to bring more foreign investments in biological resources, research, patent and commercial utilisation, without compromising the national interest

2002 Act imposed a heavy “compliance burden” on Indian medicine practitioners, seed sector, industry & researchers and made it hard to conduct collaborative research and investments.
It seeks to give a fillip to “Indian system of medicine”, and facilitate fast-tracking of research, patent application process, transfer of research results while utilising the biological resources available in India.
The Bill looks to encourage farmers to increase cultivation of medicinal plants.
This bill provides to reconcile the domestic law with free prior informed consent requirements of the 2010 Nayogya Protocol on ABS.

Consultation not done: The Bill has been introduced without seeking public comments as required under the pre-legislative consultation policy.
Threat of Bio-piracy: The exemptions to AYUSH Practitioners no longer need to take approvals, would pave the way for “bio piracy”.
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.
The bill has excluded the term “bio-utilisation”. Leaving out bio utilisation would leave out an array of activities like characterization, inventorisation and bioassay which are undertaken with commercial motive
Sidelining Local Communities: The bill also exempts cultivated medicinal plants from the purview of the Act. However, it is practically impossible to detect which plants are cultivated and which are from the wild
Marginalising Biodiversity Management Committees (BMCs): The proposed amendments allow for state biodiversity boards to represent BMCs to determine terms of benefit sharing

Government must make an effort to build trust between its agencies in the area and the people who depend on these forests by treating them as equal citizens like everyone else in the country.
Integration of International Treaties: The implementation of Nagoya Protocol cannot work in isolation and thus must be commensurate with other international treaties
People’s Biodiversity Register (PBR): PBR should aim to document folk knowledge of status, uses, history, ongoing changes and forces driving changes in biodiversity resources, and people’s perceptions of how these resources should be managed.