Biological Diversity (Amendment) Act, 2023

The 2023 amendments to India's Biological Diversity Act of 2002 have sparked a debate regarding biodiversity protection and India's obligations under the Kunming-Montreal framework.

Background: In 2022, the United Nations Biodiversity Conference led to the adoption of the Kunming-Montreal framework, which aims to enhance biodiversity protection worldwide. This framework includes commitments to protect 30% of all ecosystems by 2030, safeguard biodiversity and genetic diversity, and ensure the fair and equitable sharing of benefits from traditional knowledge with local and indigenous communities.

Amendments under Scrutiny: The original 2002 Act required approvals from the National Biodiversity Authority (NBA) before applying for intellectual property rights (IPR) related to biological resources. The 2023 amendments have relaxed this requirement, now only necessitating registration with the NBA before granting approvals.

This change has raised concerns about potential overexploitation of resources. Additionally, the amendments exempt codified traditional knowledge from the benefit-sharing mechanism and reduce regulatory oversight, which undermines the principle of fair and equitable benefit-sharing central to both the original Act and the Nagoya Protocol.

By allowing AYUSH practitioners and related industries to access biological resources without prior approval, there is a risk of commercial exploitation without adequate compensation to local communities that hold traditional knowledge.

The amendments also decriminalize offenses, replacing imprisonment with civil penalties for violations.

Nagoya Protocol: The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization (ABS) supplements the Convention on Biological Diversity (CBD). It provides a legal framework to ensure fair and equitable sharing of benefits from the use of genetic resources. Adopted in 2010 in Nagoya, Japan, it came into force in 2014.

Concerns: Critics argue that the amendments could lead to false claims about the cultivation of bio-resources and potential manipulation by businesses.

Without stringent oversight, there could be widespread misuse and exploitation of local resources, negatively impacting biodiversity and the livelihoods of local communities. In regions like the North East, where traditional knowledge of medicinal plants and ecological management is extensive, these changes could exacerbate socio-economic disparities and contribute to cultural erosion.

Strengthening Monitoring Systems: The amendments enhance the role of Biodiversity Management Committees (BMCs) by clarifying their functions and mandating their establishment in both rural and urban areas. They also place greater emphasis on monitoring biological resources derived from foreign countries, ensuring compliance with international agreements like the Nagoya Protocol.

Way Ahead: To ensure biodiversity conservation and sustainable development, it is crucial that these regulatory changes are implemented with strong safeguards, robust monitoring, and active involvement of local communities. Balancing economic development with conservation and equitable benefit-sharing is essential to protect India's rich biological heritage for future generations.

Kunming-Montreal Framework

Context: The Kunming-Montreal Framework is a global initiative adopted at the United Nations Biodiversity Conference in 2022. This framework aims to enhance biodiversity protection and conservation efforts worldwide, reflecting the collective commitment of countries to address the pressing issues of biodiversity loss and ecosystem degradation.

Key Goals:

1. Protection of Ecosystems: The framework sets a target to protect 30% of all ecosystems by 2030. This ambitious goal is designed to preserve biodiversity and maintain ecological balance.

2. Biodiversity and Genetic Diversity: It emphasizes the need to protect both biodiversity and genetic diversity, recognizing their critical roles in ecosystem resilience and adaptability.

3. Equitable Benefit-Sharing: The framework ensures the fair and equitable sharing of benefits arising from the utilization of traditional knowledge and biological resources with local and indigenous communities. This principle aligns with the objectives of the Nagoya Protocol.

Importance for India: India, as a signatory to the Kunming-Montreal Framework, has pledged to uphold these commitments. The framework's principles are integral to India's biodiversity policies and legislation, such as the Biological Diversity Act, 2002, and its subsequent amendments.

Challenges and Implementation:

• Regulatory Changes: The recent amendments to India's Biological Diversity Act of 2002 have sparked debates regarding their alignment with the Kunming-Montreal Framework. Concerns have been raised about the potential for resource overexploitation and inadequate compensation to local communities.

• Local and Indigenous Communities: Ensuring that local and indigenous communities receive fair benefits from the use of their traditional knowledge is crucial. The framework's emphasis on equitable benefit-sharing seeks to address historical injustices and promote sustainable development.

• Monitoring and Enforcement: Effective monitoring systems are essential to prevent misuse and exploitation of biological resources. Strengthening the roles of Biodiversity Management Committees (BMCs) and ensuring compliance with international agreements are vital steps in this direction.

Way Forward: To fulfill its commitments under the Kunming-Montreal Framework, India must:

1. Enhance Safeguards: Implement strong safeguards and robust monitoring mechanisms to protect biodiversity and prevent resource exploitation.

2. Involve Communities: Actively involve local and indigenous communities in conservation efforts and decision-making processes.

3. Balance Development and Conservation: Strive to balance economic development with biodiversity conservation, ensuring sustainable use of resources and equitable benefit-sharing.

By adhering to the principles of the Kunming-Montreal Framework, India can contribute significantly to global biodiversity conservation efforts while safeguarding its rich biological heritage for future generations.

Biological Diversity Act, 2002

• Introduction: The Act was introduced to fulfill the objectives of the United Nations Convention on Biological Diversity (CBD), 1992. It provides a framework for access to biological resources and sharing the benefits arising from such access and use, in line with the Nagoya Protocol on Access and Benefit Sharing.
  

• Structure: The Act established a three-tier structure to regulate access to biological resources:

• National Biodiversity Authority (NBA):

• A statutory body established in 2003 to implement India's Biological Diversity Act (2002).

• Advises the Central Government on biodiversity conservation, sustainable use, and equitable sharing of benefits from biological resources.

• Advises State Governments on selecting areas of biodiversity importance to be designated as heritage sites and managing such sites.

• Considers requests for approval or otherwise for activities under Sections 3, 4, and 6 of the Act.

• State Biodiversity Boards (SBBs):

• Established under Section 22 of the Act to advise State Governments on biodiversity conservation.

• Regulate, by granting approvals or otherwise, requests for commercial utilization or bio-survey and bio-utilization of biological resources by Indians.

• Biodiversity Management Committees (BMCs):

• Local bodies constitute BMCs within their jurisdiction to promote conservation, sustainable use, and documentation of biological diversity.