Nallur Tamarind Grove
Karnataka
Chapter Preamble
Recognizing the immense value of its biological diversity and the mounting threats it faces, India has developed a framework of laws, policies, and institutional mechanisms aimed at conserving biodiversity, ensuring its sustainable use, and promoting equitable sharing of benefits arising from its utilization. This chapter will delve into the cornerstone legislation, the Biological Diversity Act, 2002, and its proposed amendments. It will also provide an overview of other significant environmental laws and policies in India that contribute to or impact biodiversity conservation. A clear understanding of this legal and policy landscape is essential for aspirants preparing for the UPSC examination, as questions related to these instruments are common.
Biological Diversity Act, 2002
The Biological Diversity Act (BDA), 2002, is India's principal legislation enacted to address the conservation of biological diversity, the sustainable use of its components, and the fair and equitable sharing of benefits arising out of the use of biological resources and associated traditional knowledge. It was enacted to give effect to India's commitments under the United Nations Convention on Biological Diversity (CBD), 1992.
Historical Context and Genesis
Rio Earth Summit (1992)
India became a signatory to the CBD, which has three main objectives: Conservation of biological diversity, Sustainable use of its components, and Fair and equitable sharing of benefits (ABS).
Need for Domestic Legislation
To operationalize CBD provisions, regulate access to India's biological resources and traditional knowledge, prevent biopiracy, and ensure benefits for the country and local communities.
Extensive Consultations
The Act resulted from consultations with government departments, scientific institutions, NGOs, and local communities over several years.
Enactment
Passed by Parliament in December 2002, came into force in phases. Biological Diversity Rules notified in 2004.
Objectives of the BDA, 2002
To provide for the conservation of biological diversity.
To ensure the sustainable use of its components.
To ensure fair and equitable sharing of benefits arising out of the use of biological resources, knowledge.
To respect and protect knowledge of local communities traditional knowledge related to biodiversity.
To secure sharing of benefits with local people as conservers of biological resources.
To conserve and develop areas of importance as biological diversity heritage sites.
To protect and rehabilitate threatened species.
To involve institutions of State Governments in implementation.
Key Provisions of the BDA, 2002
The Act regulates access to Indian biological resources (plants, animals, microorganisms, genetic material, by-products excluding human genetic material & value-added products) and associated traditional knowledge for research, commercial utilization, bio-survey, and bio-utilization.
Required by foreign nationals, NRIs, foreign companies, or Indian entities with foreign participation for accessing biological resources/knowledge for research or commercial use.
Also for transferring research results on Indian biological resources to foreign entities.
Required for applying for IPRs (in/outside India) for inventions based on Indian biological resources.
Required by Indian citizens/entities (without foreign participation) for accessing biological resources for commercial utilization or bio-survey/bio-utilization for commercial purposes. SBBs can prohibit/restrict access if detrimental to conservation or local livelihoods.
- Local communities and individuals (e.g., vaids, hakims) for own use and exchange among themselves.
- Access for conventional breeding or traditional practices in agriculture, horticulture, etc.
- Value-added products (term debated).
- Biological resources normally traded as commodities (notified by Central Govt).
- Collaborative research projects (subject to guidelines).
A decentralized structure for implementation and governance:
National Biodiversity Authority (NBA)
Chennai (Estd. 2003)
Regulates access by foreign entities, advises governments, manages National Biodiversity Fund, coordinates SBBs.
State Biodiversity Boards (SBBs)
Established by State Governments
Regulates access by Indian entities, advises State Govts, manages State Biodiversity Funds, supervises BMCs.
Biodiversity Management Committees (BMCs)
Constituted by local bodies
Promotes conservation, sustainable use, documentation (PBRs), advises on access, ensures local benefit sharing.
Ensures fair and equitable sharing of benefits from using Indian biological resources and traditional knowledge with conservers (local communities) and knowledge providers.
Monetary Benefits: Upfront payments, royalties, license fees, profit shares.
Non-Monetary Benefits: Technology transfer, joint R&D, capacity building, conservation/livelihood support.
NBA/SBBs determine benefit sharing terms. Benefits channeled via National, State, and Local Biodiversity Funds.
Conceptual Benefit Flow
Resource Utilization
→
NBA/SBB
(ABS Agreement)
→
Biodiversity Funds
→
Local Communities
(This is a simplified conceptual representation of benefit flow.)
Recognizes and aims to protect traditional knowledge (TK) from misappropriation. Access to TK requires approval and benefit sharing. People's Biodiversity Registers (PBRs) help document and assert community rights. Mentions protection through sui generis systems.
State Governments, in consultation with local bodies, can notify areas of biodiversity importance as BHS. These are unique, ecologically fragile ecosystems with rich biodiversity. Aim: enhance conservation with local community involvement.
Examples of BHS:
Ameenpur Lake
Telangana
Majuli
Assam
Gharial Rehabilitation Centre
Uttar Pradesh
- Requires Central/State Govts to develop strategies, plans for conservation and sustainable use.
- Mandates integration of biodiversity into sectoral plans.
- Provides for rehabilitation of degraded ecosystems and recovery of threatened species.
- Calls for regulating activities with adverse impacts on biodiversity.
Primary regulation is under Environment (Protection) Act, 1986. BDA has provisions regarding access to genetic material relevant for developing GMOs from Indian biological resources.
Prescribes penalties (imprisonment and/or fines) for contraventions, such as unauthorized access or violating approval terms.
Achievements and Strengths
Comprehensive legal framework for CBD implementation.
Decentralized institutional structure (NBA, SBBs, BMCs).
Pioneered Access and Benefit Sharing (ABS) in legislation.
Recognizes and seeks to protect traditional knowledge.
Mandates community participation via BMCs and PBRs.
Provides for designation of Biodiversity Heritage Sites.
Challenges and Criticisms in Implementation
Formation/functioning of SBBs/BMCs, PBR preparation often slow due to lack of capacity, resources, awareness.
Approval/benefit sharing determination can be complex, time-consuming, potentially discouraging research/commercial use.
Ambiguity in 'value-added products,' 'normally traded commodities,' 'sustainable use' causes interpretation issues.
Low awareness among researchers, industries, local communities, government officials.
NBA, SBBs, BMCs face shortages of trained personnel, funds, technical expertise.
Challenges harmonizing BDA with forest, wildlife, patent, and TK laws.
Weak monitoring of compliance and enforcement of ABS agreements.
Ensuring benefits effectively reach and empower local communities remains a challenge.
Robust mechanisms beyond PBRs for TK protection are still evolving; linking PBRs to preventing misappropriation is complex.
Despite the Act, concerns about unauthorized appropriation of biological resources or TK persist.
Case Study: The Kani Tribe and Jeevani
Arogyapacha's Gift
Background: The Kani tribe in Kerala's Western Ghats holds traditional knowledge about the anti-fatigue properties of the plant Trichopus zeylanicus (Arogyapacha).
Benefit Sharing Model: In the 1980s-90s, scientists from TBGRI learned this from the Kani tribe and developed "Jeevani." An agreement shared license fees and royalties with the Kani tribe via a trust fund.
Significance: A pioneering pre-BDA example of ABS in India, influencing ABS principles. However, it faced challenges in implementation and ensuring sustained community-wide benefits.
UPSC Relevance
Prelims Focus
- Objectives of BDA, 2002.
- Key provisions: access regulation, three-tiered structure (NBA, SBB, BMC roles).
- Access and Benefit Sharing (ABS) mechanism.
- People's Biodiversity Registers (PBRs).
- Biodiversity Heritage Sites (BHS).
- Exemptions under the Act.
- Linkage to Convention on Biological Diversity (CBD).
Mains Focus (GS Paper III)
- Salient features & challenges in BDA implementation.
- Critical evaluation of ABS success.
- Role of BMCs and PBRs in local biodiversity governance.
- Issues of biopiracy and traditional knowledge protection.
- Interaction with other environmental laws.
Related Previous Year Questions (PYQs)
"With reference to India’s Biodiversity, Ceylon frogmouth, Coppersmith barbet, Gray-chinned minivet and White-throated redstart are:" (UPSC Prelims 2020)
Answer: (b) Birds (Tests general biodiversity knowledge, context for BDA)
"The National Biodiversity Authority (NBA) in India was established under which of the following Acts?" (Hypothetical)
Answer: (c) Biological Diversity Act, 2002
"The primary objective of creating Biodiversity Management Committees (BMCs) under the Biological Diversity Act, 2002 is:" (Hypothetical)
Answer: (b)
"How does biodiversity vary in India? How is the Biological Diversity Act, 2002 helpful in conservation of flora and fauna?" (UPSC Mains 2018, GS Paper III)
(This is a descriptive question for Mains practice, highlighting direct relevance of BDA.)