The Biological Diversity (Amendment) Bill, 2021

Context: The Lok Sabha passed the Biological Diversity (Amendment) Bill, 2021 to amend Biological Diversity Act of 2002.

Background: Biological Diversity Act, 2002

• The Act was brought with an aim to conserve India’s biological diversity and ensure sustainable use of biological resources.
• The Act ensures that the benefits accrued from the use of traditional and genetic resources are shared with the local communities with prior and informed consent-approval of local communities in a fair and equitable manner.
• The Act was introduced to fulfill India’s obligations under the Convention on Biological Diversity (CBD), an international treaty signed during the Earth Summit held in Rio de Janeiro in 1992.
• The act envisaged a three-tier structure to regulate the access to biological resources:
  • The National Biodiversity Authority (NBA),
  • The State Biodiversity Boards (SBBs),
  • The Biodiversity Management Committees (BMCs) (at local level).
• The act stipulates all offences under it as cognizable and non-bailable.
  • Cognizable offences are those for which a police officer can make an arrest without a warrant, or permission from the magistrate.
• Any grievances related to the determination of benefit sharing or order of the National Biodiversity Authority or a State Biodiversity Board under this Act, shall be taken to the National Green Tribunal.

Salient Features of the Biological Diversity (Amendment) Bill, 2021

• Exemption for AYUSH Practitioners: The Bill exempted registered AYUSH medical practitioners from the requirement of giving prior intimation to State Biodiversity Boards for accessing biological resources for certain purposes.
  • This exemption aimed to facilitate easier access for traditional medicine practitioners to biological resources for medicinal purposes.
• Exemption for Cultivated Medicinal Plants: The Bill excluded cultivated medicinal plants from the purview of the Biological Diversity Act.
  • This meant that access to cultivated medicinal plants for various purposes would not be subject to the regulations and requirements of the Act.
• Fast-tracking of Research and Patent Application: The Bill proposed to fast-track the process of research and patent applications related to biological resources.
  • This provision aimed to encourage and expedite research and innovation in the field of biodiversity and its applications.
• Change in Offences Classification: The Bill proposed to change the nature of violations of the law related to access to biological resources and benefit-sharing with communities.
  • Currently treated as criminal offences that are non-bailable, the Bill sought to make these violations civil offences.
• Foreign Investment in Biodiversity Research: The Bill allowed foreign investment in research related to biodiversity.
  • However, it stipulated that such investment should be made through Indian companies involved in biodiversity research exclusively.
• Introduction of Member-Secretary Post: The Bill introduced the post of ‘Member-Secretary’ to be appointed by the Central Government.
  • The Member-Secretary would serve as the chief coordinating officer and convener of the National Biodiversity Authority (NBA) and assist the Authority in discharging its functions under the Biological Diversity Act.

Significance of The Bill

• Boosting Indian Medicine System: The Bill is expected to give a boost to the “Indian system of medicine,” also known as AYUSH (Ayurveda, Yoga, Unani, Siddha, and Homeopathy).
• Promoting Cultivation of Medicinal Plants: The Bill is designed to reduce the pressure on wild medicinal plants by encouraging the cultivation of medicinal plants.
• Expansion of National Biodiversity Authority (NBA): This move is expected to facilitate greater coordination and integration of biodiversity considerations in national policymaking and decision-making processes.
• Conducive Business Environment: The proposed changes in the Bill aim to create a more conducive business environment by simplifying the patent application process.
• Fast-Tracking Research and Investments: This move can lead to quicker innovation and technological advancements in the field of biodiversity.

Criticism of the Bill

• Risk of Biopiracy: One of the main concerns is that easing the norms and giving exemptions could open the door to biopiracy.
  • Biopiracy refers to the unauthorized commercial exploitation of biological resources or traditional knowledge belonging to indigenous and local communities.
• Exemption of AYUSH Companies: This exemption is seen as a violation of a 2018 judgement by the Uttarakhand High Court that mandated all companies, both foreign and Indian, to seek prior consent and approval for access and benefit-sharing with local communities.
• Violation of Forest Rights Act: The Bill is seen to be in violation of the Forest Rights Act, 2006, which recognizes and authorizes the Gram Sabha (village council) for prior permission and approval in case of any access to forests.
• Dilution of Penal Provisions: The Bill has been criticized for diluting the penalty provisions.

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