Recently, the Biological Diversity (Amendment) Bill, 2021 was introduced in Parliament. The amendment aims to remove criminal penalties for certain provisions and foster more foreign investment in the biological resource sector. This includes activities related to research, patenting, and commercial use, while still protecting national interests.
Despite this, opposition parties have expressed concerns about the bill and called for it to be examined by a select committee, which consists of a limited number of parliament members from one house. The committee is chaired by members from the ruling party.
Salient Features of the Biological Diversity (Amendment) Bill, 2021
The amendment seeks to ease some regulations put forward by the Biological Diversity Act of 2002. This act imposed stringent requirements on Indian medicine practitioners, the seed industry, researchers, and made collaborative research and investments challenging.
Simplifying Research and Patent Processes
The amendment seeks to simplify and streamline the patenting process for Indian researchers by opening regional patenting centres across the country. This move aims to encourage patenting, making research more accessible for inventors.
Boosting the Indian System of Medicine
The bill seeks to bolster the Indian System of Medicine, streamline the research process, and facilitate the transfer of research results while utilizing the wealth of biological resources found in India. This amendment also aims to empower local communities to utilize medicinal resources like seeds without compromising the objectives of the United Nation Convention on Biological Diversity.
Decriminalizing Certain Provisions
The bill seeks to decriminalize certain practices related to biological resources. These changes align with India’s ratification of the Nagoya Protocol, which focuses on the fair and equitable sharing of benefits derived from the utilization of genetic resources.
Allowing Foreign Investments
The amendment allows for foreign investments in biodiversity research. However, such investments must be made through Indian companies involved in biodiversity research and require approval from the National Biodiversity Authority.
Exempting AYUSH Practitioners
The bill seeks to exempt registered AYUSH practitioners and individuals accessing traditional knowledge from giving prior notice to State biodiversity boards for accessing biological resources for specific purposes.
Concerns Raised by Experts
Despite the bill’s merits, critics have pointed out various concerns. They suggest that the bill prioritises intellectual property and commercial trade above biological resource conservation. They also warn about the risk of biopiracy due to the exemptions granted to AYUSH practitioners. Critics are concerned that the bill will marginalize Biodiversity Management Committees (BMCs), as state biodiversity boards may end up dictating the terms of benefit sharing. Lastly, the bill could potentially sideline local communities by exempting cultivated medicinal plants from the act’s purview.
Suggestions Going Forward
Suggestions for improvement include effectively implementing the Forest Rights Act (FRA) and harmonizing the Nagoya Protocol with other international treaties. The People’s Biodiversity Register (PBR) should aim to document folk knowledge related to biodiversity, preserving the rights of farmers or communities over their traditional knowledge.