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The Biological Diversity Act, 2002, protects India's genetic resources through equitable benefit-sharing. Recent 2026 updates introduce e-PBRs and revised penalties to streamline compliance. Despite challenges like institutional inertia, it aims to balance industrial growth with grassroots conservation and biopiracy prevention.
Why In News?
The National Biodiversity Authority (NBA) designated two institutions as repositories under the Biological Diversity Act, 2002.
What is the Biological Diversity Act 2002?
It aims to preserve biological diversity, promote the sustainable use of its components, and ensure the fair and equitable sharing of benefits arising out of the use of biological resources and associated traditional knowledge.
It was enacted to give effect to the United Nations Convention on Biological Diversity (CBD) 1992, to which India is a signatory.
The Act establishes a three-tier institutional structure for implementation:
|
Tier |
Body |
Key Functions |
|
National |
National Biodiversity Authority (NBA) |
Based in Chennai, it regulates access to biological resources, advises the Central Government, and grants approvals for foreign entities. |
|
State |
State Biodiversity Boards (SBBs) |
Established in all states; they regulate commercial utilization by Indian citizens and advise state governments. |
|
Local |
Biodiversity Management Committees (BMCs) |
Formed by local bodies (Panchayats/Municipalities); they document local biodiversity and maintain People's Biodiversity Registers (PBRs). |
Key Provisions
Access Regulation: Prior approval from the NBA is mandatory for any foreign individual or organization to access Indian biological resources for research or commercial use.
Intellectual Property Rights (IPR): Any patent claim based on Indian biological resources requires prior permission from the NBA.
Benefit Sharing: It mandates that benefits (financial or non-financial) from the commercial use of resources are shared with the local communities who protected them.
Biodiversity Heritage Sites (BHS): State governments, in consultation with local bodies, can notify areas of ecological importance as BHS.
Threatened Species: The Central Government, in consultation with the NBA, can notify and regulate the collection of endangered species.
Exemptions
Traded Commodities: Biological resources normally traded as commodities are exempted from the Act.
Traditional Use: Local communities, traditional healers (Vaids and Hakims), and farmers have unrestricted access for traditional use.
Collaborative Research: Research projects involving Indian and foreign institutions that follow Central Government guidelines are exempted.
Key Amendments (2023)
Decriminalization: Offences are now punishable with fines ranging from ₹1 lakh to ₹50 lakh instead of imprisonment.
AYUSH Exemption: Registered AYUSH practitioners and those using codified traditional knowledge are exempted from prior intimation to SBBs for accessing resources.
IPR Process: Approval is now required before the grant of a patent, rather than at the time of application.
Ease of Doing Business: Simplified compliance for domestic companies and encouraged cultivation of wild medicinal plants to reduce pressure on wild sources.
Significance of the Act
Anti-Biopiracy: It prevents foreign entities from patenting Indian resources (like Neem or Turmeric) without acknowledging the local origins.
Empowerment: It provides a legal platform for local and indigenous communities to claim financial benefits for their traditional knowledge
Conservation: It enables the declaration of Biodiversity Heritage Sites (BHS) to protect unique and fragile ecosystems outside of the protected area network
Challenges in Implementation
Weak Local Bodies: Many BMCs lack the financial resources and technical expertise required to maintain accurate and updated PBRs
Legal Delays: Frequent litigation by industries regarding the "Benefit Sharing" fee has slowed the transfer of funds to local communities.
Informal Sector Gaps: Tracking the extraction of biological resources from the unorganized sector for the AYUSH and herbal industries remains difficult.
Way Forward
Scientific Validation: Strengthening the link between BMCs and local agricultural universities to scientifically validate entries in the e-PBRs.
Digitization: Transitioning to Electronic People’s Biodiversity Registers (e-PBRs) to ensure real-time tracking and transparency in resource access..
Capacity Building: Training local BMC members in legal and scientific documentation to ensure they can effectively negotiate benefit-sharing agreements.
Streamlining Approvals: Implementing a Single Window Clearance system for industries to encourage compliance while ensuring local communities receive their fair share.
Global Alignment: Ensuring that the Nagoya Protocol standards are strictly followed so that Indian communities receive benefits when resources are used in international markets.
Conclusion
The ultimate success of the Biological Diversity Act, 2002, depends on channeling the financial benefits of "green gold" to the rural and tribal communities who conserve India's natural wealth.
Source: PIB
|
PRACTICE QUESTION Q. Consider the following statements regarding the institutional structure under the Biological Diversity Act, 2002: 1. The National Biodiversity Authority (NBA) regulates access to biological resources by foreign entities. 2. State Biodiversity Boards (SBBs) handle access requests by Indian citizens and domestic entities. 3. Biodiversity Management Committees (BMCs) are mandated to prepare People’s Biodiversity Registers (PBRs). Which of the statements given above are correct? a) 1 and 2 only b) 2 and 3 only c) 1 and 3 only d) 1, 2, and 3 Answer: d Explanation: Statement 1 is correct: The National Biodiversity Authority (NBA), at the national level, is responsible for regulating access to biological resources by foreign individuals and entities. Any non-Indian or non-resident Indian (NRI) must seek prior approval from the NBA before obtaining any biological resource for research or commercial use. Statement 2 is correct: State Biodiversity Boards (SBBs) manage biodiversity at the state level and regulate access requests by Indian citizens and domestic entities. Indians seeking commercial utilization or bio-survey/bio-utilization of resources must provide prior intimation to the concerned SBB. Statement 3 is correct: Biodiversity Management Committees (BMCs) are formed at the local level (panchayats or municipalities) and are specifically mandated to prepare and maintain People’s Biodiversity Registers (PBRs). These registers document local biological resources and associated traditional knowledge. |
It is a federal Indian law enacted to give effect to the UN Convention on Biological Diversity (CBD). It aims to preserve biological diversity, promote sustainable use, and ensure fair and equitable sharing of benefits arising from the use of biological resources and associated traditional knowledge.
ABS is a mandatory legal mechanism requiring that any corporate or research entity extracting biological resources for commercial use must share a fraction of its profits, royalties, or technology with the local grassroots communities that have historically protected those resources.
BMCs are local self-governing bodies formed at the panchayat and municipal levels. Their primary mandate is to prepare and maintain People’s Biodiversity Registers (PBRs), which document local genetic resources and indigenous traditional knowledge.
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