Recently, the Joint Parliamentary Committee (JPC) reviewed and evaluated the Biological Diversity (Amendment) Bill 2021 and submitted its suggestions. Notably, several amendments suggested by the Ministry of Environment & Climate Change (MoEFCC) have been accepted by the committee.
The Biological Diversity Act of 2002
The Biological Diversity Act of 2002 (BDA) was formulated to conserve biological diversity, ensure the sustainable use of its components, and enable fair and equitable sharing of benefits arising from the use of biological resources and traditional knowledge. The Act prohibits acquiring any biological resource in India for research or commercial utilization without approval from the National Biodiversity Authority.
A three-tier structure – the National Biodiversity Authority (NBA), State Biodiversity Boards (SBBs), and Biodiversity Management Committees (BMCs) were structured to regulate biological resources access. Offences under the act are recognized as cognizable and non-bailable.
The Amendments Proposed in the Biodiversity Bill 2021
The key changes made in Biodiversity Bill 2021 aim to boost the Indian system of medicine. They aim to accelerate research, patent application processes, and facilitate the transfer of research results while using India’s biological resources. It also aims at empowering local communities, particularly those with medicinal resources like seeds.
Another significant amendment is the decriminalization of certain provisions in the biological resources chain. This change aligns with India’s ratification of the Nagoya Protocol in 2012. Further, it allows foreign investment in biodiversity research through Indian companies involved in such research, subject to the NBA’s approval.
AYUSH (Ayurveda Yoga Naturopathy Unani Siddha and Homeopathy) practitioners, amongst others, are exempted from prior intimation to State biodiversity boards for accessing biological resources for certain purposes.
Major Concerns Over the Proposed Amendments
Many concerns have been raised over the proposed draft of the Bill. Critics worry that the bill prioritizes intellectual property and commercial trade over conserving biological resources. The exemption given to AYUSH practitioners could potentially lead to “bio piracy”, exploiting naturally occurring genetic or biochemical material in commerce.
The amendments also allow state biodiversity boards to represent BMCs to determine benefit-sharing terms, which might marginalize the BMCs. Critics also worried about the sideline of local communities, as the new bill exempts cultivated medicinal plants from the Act’s purview, potentially allowing large companies to evade sharing benefits with local communities.
Recommendations by the Joint Parliamentary Committee
To address these concerns, the JPC recommended empowering biodiversity management committees and indigenous communities by clearly defining benefit claimers as the conservers of biological resources. It also suggests promoting the cultivation of medicinal plants to reduce pressure on wild medicinal plants.
The committee has recommended fast-tracking research, patent application processes, and transferring research results through India’s available biological resources without compromising the objectives of the International Biodiversity Convention.
The JPC suggested developing national strategies for conservation, promotion, and sustainable use of biological resources in consultation with the state government. Any offence contrary to the Biological Diversity Act, 2002 should attract civil penalties with a proportionate fine structure, the committee said.
The committee also emphasized attracting more foreign investments in biological resources, including research and commercial utilization, without compromising national interest. Lastly, the committee clarified that AYUSH practitioners practicing traditional medicine are exempt from prior intimation to state biodiversity boards to access biological resources.
