The Biological Diversity Act, 2002 stands as
a landmark environmental legislation in India, reflecting the country’s
commitment to conserving its vast biodiversity. India, known for its diverse
ecosystems ranging from the Himalayas to the Indian Ocean, is one of the 17
megadiverse countries in the world. This Act was enacted to meet the
obligations under the Convention on Biological Diversity (CBD), signed
at the 1992 Earth Summit in Rio de Janeiro.
The Act provides a legal framework to conserve
biodiversity, ensure the sustainable use of its components, and enable fair and
equitable sharing of benefits arising from the use of biological resources. It
addresses concerns about biopiracy, over-exploitation of resources, and loss of
indigenous knowledge.
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| Biological Diversity Act, 2002 |
1. Background and Historical
Context
1.1 India’s Biodiversity Richness
India hosts about 7–8% of the world’s recorded
species, including over 45,000 species of plants and 91,000
species of animals. Its varied climate, topography, and ecosystems have
allowed the coexistence of tropical rainforests, alpine vegetation, deserts,
grasslands, wetlands, and coastal regions.
1.2 Global Push for Biodiversity Conservation
The rapid depletion of biological resources due to
industrialization, deforestation, and overexploitation triggered the need for a
global agreement. This led to the Convention on Biological Diversity (CBD)
in 1992, where India became a signatory.
The CBD is based on three main objectives:
- Conservation of
biological diversity.
- Sustainable use of
biodiversity components.
- Fair and equitable
sharing of benefits from genetic resources.
1.3 Need for a National Legislation
Before 2002, India lacked a comprehensive
biodiversity law. Although various environmental laws existed (like the Wildlife
Protection Act, 1972, and the Forest Conservation Act, 1980), they
did not address access to genetic resources or benefit-sharing
mechanisms.
The Biological Diversity Act, 2002, was thus
enacted to fill this gap.
2. Objectives of the Biological Diversity Act,
2002
The Act aims to:
- Conserve biological
diversity in India.
- Promote sustainable use
of biological resources.
- Ensure fair and
equitable sharing of benefits from the use of biological resources and
associated knowledge.
- Prevent biopiracy
and safeguard traditional knowledge.
- Protect the rights of local
communities and indigenous people over their resources.
3. Scope and Applicability
The Act covers:
- All biological
resources found within the territory, territorial waters, exclusive
economic zone (EEZ), and continental shelf of India.
- Associated traditional
knowledge linked to the use of biological resources.
- Activities involving
research, commercial utilization, and bio-survey/bio-utilization.
It applies to Indian citizens, organizations,
and foreigners, with separate provisions regulating access.
4. Key Provisions of the Act
4.1 Definitions
- Biological resources: Plants, animals,
microorganisms, or their parts, genetic material, and by-products
(excluding human genetic material).
- Commercial utilization: Use of biological
resources for commercial purposes such as drugs, industrial enzymes, food
additives, cosmetics, etc.
- Fair and equitable
benefit sharing:
Mechanism to distribute monetary or non-monetary benefits to local
communities.
4.2 Regulation of Access
4.2.1 Foreign Nationals and Organizations
Foreigners must obtain prior approval from the National
Biodiversity Authority (NBA) for:
- Obtaining biological
resources from India.
- Using associated
knowledge for research or commercial purposes.
- Transferring research
results to foreign entities.
4.2.2 Indian Citizens and Entities
Indian citizens or companies need permission from State
Biodiversity Boards (SBBs) for commercial utilization or bio-surveys.
4.3 Benefit-Sharing Mechanism
The Act ensures that benefits from biological
resources reach the local communities that have conserved them for generations.
Benefit-sharing can be:
- Monetary compensation.
- Joint ownership of
intellectual property rights (IPRs).
- Technology transfer.
- Assistance for
community development.
4.4 Protection of Traditional Knowledge (TK)
Traditional Knowledge (TK) refers to indigenous
innovations, practices, and wisdom related to biodiversity.
The Act safeguards TK by:
- Preventing unauthorized
use.
- Documenting knowledge
in People’s Biodiversity Registers (PBRs).
- Recognizing community
intellectual property rights.
5. Institutional Framework under the Act
5.1 National Biodiversity Authority (NBA)
- Headquarters: Chennai.
- Functions: Approving
access to biological resources, advising the government, regulating
transfer of research results, ensuring benefit-sharing.
5.2 State Biodiversity Boards (SBBs)
- Established in each
state to regulate access by Indian entities for commercial purposes.
- Maintain biodiversity
registers.
5.3 Biodiversity Management Committees (BMCs)
- Formed
at the local body level (Panchayats/Municipalities).
- Prepare
People’s Biodiversity Registers.
- Safeguard
traditional knowledge.
6. Compliance and Enforcement
6.1 Offences and Penalties
- Unauthorized access to
resources or knowledge can lead to imprisonment up to 5 years or
fines up to ₹10 lakhs (or higher if damages are more).
6.2 Role of Courts
Only courts above the rank of Judicial Magistrate
of the First Class can try offences under the Act.
7. Achievements and Success Stories
- Establishment of People’s
Biodiversity Registers across many states.
- Prevention of biopiracy
cases such as the neem, turmeric, and basmati rice patents.
- Promotion of
community-based conservation models.
8. Challenges in Implementation
- Low awareness among local
communities.
- Inadequate resources
and manpower for NBA and SBBs.
- Conflicts between
conservation and development.
- Delays in
benefit-sharing agreements.
9. Amendments and Developments
The Biological Diversity (Amendment) Bill, 2021
sought to:
- Simplify
provisions for Indian traditional medicine practitioners.
- Decriminalize
certain offences.
- Encourage
cultivation of medicinal plants.
- Attract
foreign investment in research while ensuring benefit-sharing.
10. Importance of the Act for India’s Future
- Ensures
sustainable development while protecting natural resources.
- Strengthens
India’s position as a global biodiversity leader.
- Empowers
local communities economically and socially.
- Supports
India’s commitment to the UN Sustainable Development Goals (SDGs).
Conclusion
The Biological Diversity Act, 2002 is more
than just environmental legislation — it is a legal shield protecting India’s
natural wealth and cultural heritage. As threats like climate change, habitat
loss, and overexploitation intensify, effective implementation of the Act
becomes crucial.
A balance between conservation and development,
along with strong community participation, is the key to ensuring that India’s
biodiversity thrives for generations to come.
Top 10 FAQs
1. What is the Biological Diversity Act, 2002?
The Biological Diversity Act, 2002 is a law enacted to conserve biodiversity,
promote sustainable use of its components, and ensure fair and equitable
sharing of benefits arising from the use of biological resources and associated
traditional knowledge.
2. Why was the Biological Diversity Act enacted?
It was enacted to fulfill India’s obligations under the 1992 Convention on
Biological Diversity (CBD) and to address issues like biopiracy, loss of
indigenous knowledge, and unsustainable exploitation of resources.
3. Who regulates access to biological resources in
India?
The National Biodiversity Authority (NBA) regulates access for foreign
entities, while State Biodiversity Boards (SBBs) oversee Indian
entities. Biodiversity Management Committees (BMCs) operate at local
levels.
4. What is the role of the National Biodiversity
Authority?
The NBA grants approvals for access, ensures benefit-sharing, advises the
government, and maintains oversight on biodiversity-related activities
involving foreign participation.
5. What are People’s Biodiversity Registers (PBRs)?
PBRs are official documents prepared by BMCs that record local biodiversity,
associated knowledge, and conservation practices to protect traditional
knowledge.
6. What is meant by fair and equitable benefit
sharing?
It refers to sharing benefits — monetary or otherwise — derived from the use of
biological resources with local communities who have conserved them.
7. How does the Act protect traditional knowledge?
By documenting it in PBRs, preventing unauthorized commercial use, and
recognizing community rights over it.
8. What are the penalties for violating the Act?
Violations can lead to imprisonment up to 5 years, fines up to ₹10 lakhs (or
more), or both.
9. Does the Act apply to all biological resources?
Yes, except human genetic material and certain categories exempted by the
central government.
10. How can local communities benefit from the Act?
Through revenue from benefit-sharing agreements, support for sustainable
livelihoods, recognition of traditional knowledge, and involvement in
decision-making.
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