Why in the News?

Lok Sabha has passed the Biological Diversity (Amendment) Bill,2021 replacing Biological Diversity Act, 2002.

News in detail:

Rationale for introduction of Biological Diversity Act, 2002:

1. Anthropogenic activities leading to loss of biodiversity and extinction of species.
2. Concerns of bio-piracy- unauthorized appropriation of biological resources and related knowledge belonging to indigenous communities.
3. India became a signatory of Convention on Biological Diversity (CBD) in 1992.

4. Based on the above factors, the Biological Diversity Act, 2002 was passed with the following provisions:
   1. Regulates access to biological resources and associated traditional knowledge.
   2. Establishment of a three-tier structure for regulation:
      1. National Biodiversity Authority at the national level
      2. State Biodiversity Boards at the state level,
      3. Biodiversity Management Committees at the local body level.
   3. Sharing of benefits with conservers of biodiversity and possessors of associated knowledge for its use in Research, Commercial utilization, bio-survey and bio-utilisation for certain entities. The benefits to be shared includes,
      1. 1. Monetary compensation,
         2. Sharing of intellectual property rights (iii) Technology transfer.

The terms for benefit sharing shall be in mutually agreed terms and conditions between the applicant, local bodies concerned, and the benefit claimers.

Key features of The Biological Diversity (Amendment) bill, 2021:

1. Access to biological resources and associated knowledge occurring within India shall require prior approval of the regulatory authorities
   1. . National Biodiversity Authority (NBA)
   2. . State Biodiversity Boards (SBB).
2. Approval for Intellectual Property Rights (IPR)

3. The bill amends benefit sharing provisions to replace as mutually agreed terms between the applicant and the Biodiversity Management Committee (BMC) represented by NBA.
4. The Bill changes punishments into penalties ranging from Rs 1 lakh to Rs 50 lakh & Continued contravention attracting additional penalty of up to Rs.1 crore.
5. The bill simplifies compliance requirements for domestic companies.
6. Exemption provided for sharing benefits with local communities to users of codified traditional knowledge and AYUSH practitioners.

Benefits of the Bill:

Issues associated with the bill:

1. The term ‘codified traditional knowledge' has not been defined, which leads to a broad interpretation that almost all traditional knowledge will be exempted from the benefit sharing requirements.
2. Direct role of local bodies and benefit claimants in determining mutually agreed terms has been deleted from the provisions of the bill as it is now replaced by mutual terms between the applicant and the Biodiversity Management Committee represented by NBA.
3. There is no provision for prior informed consent of the local and indigenous communities.
   • This negates the framework under Nagoya Protocol which requires the signatory country to ensure that prior informed consent and involvement of indigenous and local communities is obtained for access to genetic resources and traditional knowledge.
4. Provisions regarding penalty for offenses-
   • The adjudicating officer has no guidance on how to assess the penalty as there is no differentiation made based on the type of offence.

○ The adjudicating authority is a government official rather than a judge, which raises questions on the suitability to authorise the use of such discretion by government officials.

Source URL: Amendments to law could make bio-diversity vulnerable- The New Indian Express