Why is the Biological Diversity Bill facing opposition?

Recently, the Rajya Sabha passed the Biological Diversity (Amendment) Bill, 2021.

Biological Diversity (Amendment) Bill, 2021

• The Bill amends the Biological Diversity Act, 2002 to simplify compliance requirements for domestic companies.
• Users of codified traditional knowledge and AYUSH practitioners will be exempted from sharing benefits with local communities.
• The Bill removes research and bio-survey activities from the purview of benefit sharing requirements.
• Benefit sharing will be based on terms agreed between the user and the local management committee represented by the National Authority.
• The Bill decriminalises all offences under the Act.

Why is the Bill considered problematic?

• The term “codified traditional knowledge” lacks a clear definition, leading to potential exploitation.
• The Bill removes the direct role of local communities in determining benefit sharing provisions.
• It decriminalises offences and proposes monetary penalties instead, raising concerns over resource exploitation.

To what extent has the Act been implemented?

• A 2022 investigation shows that there was no data available on money received from companies and traders for access and benefit sharing in many states.
• In cases where money was collected, the same wasn’t shared with local communities.
• A 2016 study shows that many difficulties have cropped up in many States when it comes to implementing provisions of the Act, especially those related to access and benefit sharing.
• Some of these issues were also challenged in high courts and the National Green Tribunal.

How does the industry view the Act?

• The industry has been unhappy with the regulations and has run to courts and sought relaxations.
• The Environment Ministry has given precedence to “ease of doing business” rather than its mandate to protect the environment is cause for concern.