On Tuesday July 25, amid the opposition’s loud protests on the violence in Manipur, the Lok Sabha passed the Biological Diversity (Amendment Bill), 2021, by a voice vote. The Bill brings changes to the Biological Diversity Act, 2002 by decriminalising biodiversity offences, among others.
Biological Diversity Act, 2002 was enacted in response to India’s commitments under the Convention on Biological Diversity (CBD) of 1992.The CBD recognizes that countries have the right to control their biological resources and sets the stage for regulating access to these resources based on national legislation.
To effectively manage biological resources and associated traditional knowledge, the Act establishes a three-tier structure
- The National Biodiversity Authority (NBA) at the national level
- State Biodiversity Boards (SBBs) at the state level
- Biodiversity Management Committees (BMCs) at the local level.
In December 2021, the Biological Diversity (Amendment) Bill, 2021 was introduced in Lok Sabha to amend the 2002 Act.The amendments are designed to align the Act with current needs and developments, while supporting sustainable biodiversity conservation and utilization in India.
Key Provisions of the Biological Diversity (Amendment) Bill, 2021
| Provisions | The Biological Diversity Act, 2002 | Amendments to the 2002 Act |
| Access to Biological Resources | The Act requires anyone seeking to access biological resources or associated knowledge in India to obtain prior approval or inform the regulatory authority about their intent. | The Bill modifies the classification of entities and activities that require intimation, while also introducing exemptions to certain cases. |
| Intellectual Property Rights | Concerning Intellectual Property Rights (IPR), the Act currently demands NBA approval before applying for IPR related to biological resources from India. | The Bill suggests that approval will be required before the actual grant of the IPR, not during the application process. |
| Exempting AYUSH Practitioners | It seeks to exempt registered AYUSH medical practitioners and people accessing codified traditional knowledge, among others, from giving prior intimation to State biodiversity boards for accessing biological resources for certain purposes. | |
| Benefit Sharing | The Act mandates benefit sharing, which involves sharing both monetary and non-monetary benefits with those who conserve biodiversity or hold traditional knowledge associated with it. NBA determines the terms of benefit sharing when granting approvals for various activities. | The Bill removes the applicability of benefit sharing requirements from research, bio-survey, and bio-utilisation. |
| Criminal Penalties | The Act imposes criminal penalties, including imprisonment, for offenses such as not obtaining approval or intimation for specific activities. | The Bill, on the other hand, decriminalizes these offenses and introduces fines ranging from one lakh to fifty lakh rupees instead. |