The Biological Diversity (Amendment) Bill, 2021 has recently been passed in the Lok Sabha, stirring up numerous discussions regarding its intentions, provisions, and the potential implications it could have on biodiversity protection and the right to biological resources. This bill seeks to amend the Biological Diversity Act 2002, enacted in response to India’s commitments under the Convention on Biological Diversity (CBD) 1992. The amendment is intended to better align the act with current needs and developments while supporting sustainable biodiversity conservation and use in India.
Background of Biological Diversity
The Biological Diversity Act of 2002 was a response to India’s obligations under the 1992 CBD, which emphasizes the rights of countries to control their biological resources. The Act created a three-tier structure for managing biological resources and associated traditional knowledge, comprising the National Biodiversity Authority at the national level, State Biodiversity Boards at the state level, and Biodiversity Management Committees at the local level.
Introduction to The Biological Diversity (Amendment) Bill, 2021
The Biological Diversity (Amendment) Bill, 2021 aims to revise the initial Act to stay concurrent with contemporary demands and advancements, thereby promoting sustainable preservation and utilization of biodiversity in India.
Key Provisions within The Biological Diversity (Amendment) Bill, 2021
The amendments made to the 2002 Act encompass several areas, some of which are as follows: access to biological resources, Intellectual Property Rights, exemption of AYUSH practitioners, benefit-sharing, and criminal penalties. Each area’s main amendments cover significant changes that aim to align the rights and responsibilities concerning biological resources more effectively.
Concerns Surrounding the Biological Diversity (Amendment) Bill, 2021
There’s an array of concerns surrounding the Biological Diversity (Amendment) Bill, 2021. Critics argue that the focus of the amendments leans more towards industry interests than towards conserving biodiversity. Additionally, they express concern over the decriminalization of violations and the limited focus on conservation issues.
Looking Beyond
In light of these concerns, there is a need to strike an equilibrium between promoting economic growth and ensuring sustainable preservation of India’s rich biodiversity. Transparent consultations involving various stakeholders, including local communities, indigenous people, conservationists, scientists, and industry representatives, are imperative. This participatory approach can help ensure that all perspectives are taken into account in decision-making processes and that the amendments align with biodiversity conservation principles.
Pertinent Past Questions from UPSC Civil Services Examination
Here are some relevant questions from past Union Public Service Commission (UPSC) exams:
1. In India, are Biodiversity Management Committees key to realizing the objectives of the Nagoya Protocol?
2. Do Biodiversity Management Committees have significant functions in determining access and benefit sharing, including the power to levy collection fees on the access of biological resources within their jurisdiction?
3. How is the Government of India protecting traditional knowledge of medicine from patenting by pharmaceutical companies?
The answers to these questions provide additional insights into the complexity and importance of India’s biodiversity management and protection. Understanding the Biological Diversity Act, its amendments, and the surrounding discussions and concerns may help in formulating thorough, thoughtful responses to such questions.
