Lok Sabha passes contentious Biological Diversity Bill amid din

• Recently, the Lok Sabha passed the Biological Diversity (Amendment) Bill, 2021
• The Bill aims to amend the Biological Diversity Act, 2002
• It proposes to “widen the scope of levying access and benefit sharing with local communities and for further conservation of biological resources”.
• The amended Bill was drafted in response to complaints by traditional Indian medicine practitioners, the seed sector, industry and researchers
• They stated that the Act imposed a heavy “compliance burden” and made it hard to conduct collaborative research and investments

The Biological Diversity Act, 2002

• It was framed to give effect to the United Nations Convention on Biological Diversity (CBD), 1992.
• It was enacted to provide for the conservation of biological diversity, sustainable use of its components, and fair and equitable sharing of the benefits arising out of the use of biological resources and traditional knowledge.
• The Act prohibits any person or organisation from obtaining any biological resource, occurring in India for its research or commercial utilisation, without prior approval from the National Biodiversity Authority.
• 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 stipulates all offences under it as cognizable and non-bailable.

Amendments Made in Biodiversity Bill 2021

• Exempting AYUSH Practitioners
  • The Bill 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.
• Boosting Indian Medicine System
  • 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.
  • It seeks to empower local communities to be able to utilise resources, particularly of medicinal value, such as seeds.
  • The Bill looks to encourage farmers to increase cultivation of medicinal plants.
• Decriminalising Certain Provisions
  • It seeks to decriminalise certain provisions under the Act and substitutes them with monetary penalties.
  • It empowers government officials to hold inquiries and determine penalties.
  • These changes were brought in consonance with India’s ratification of Nagoya Protocol
• Allowing Foreign Investments
  • It also allows for foreign investment in research into biodiversity.
  • However, this investment will necessarily have to be made through Indian companies involved in biodiversity research.
  • For foreign entities approval from the National Biodiversity Authority is necessary.

Associated Concern

• Potential for “bio piracy”
  • The amendments favours the industries
  • There is lack of clarity on benefit sharing with local communities

Prelims Takeaway

• Biological Diversity (Amendment) Bill, 2021
• Biological Diversity Act, 2002
• Bio Piracy