Biological Diversity Act, 2002

Biological Diversity Act, 2002 was enacted by the Government of India to provide for the conservation of biological diversity, sustainable use of its components, and fair and equitable sharing of benefits arising from the use of biological resources. This legislation was introduced in compliance with the Convention on Biological Diversity (CBD), an international treaty adopted at the Earth Summit in Rio de Janeiro in 1992. India ratified the CBD in 1994, which led to the creation of the Biological Diversity Act in 2002.

Objectives of the Act:

The Biological Diversity Act, 2002, seeks to achieve the following objectives:

• Conservation of Biological Diversity:

It aims to conserve the diversity of life forms at the genetic, species, and ecosystem levels, ensuring their protection for the future.

• Sustainable Use of Biological Resources:

The Act encourages the sustainable use of biological resources to ensure that they are not exploited beyond their capacity to regenerate, thereby safeguarding future generations’ ability to utilize these resources.

• Fair and Equitable Sharing of Benefits:

The Act mandates that the benefits derived from the use of biological resources (whether for food, medicine, agriculture, or industrial applications) should be shared fairly among the stakeholders, particularly local communities and indigenous people who conserve and protect these resources.

• Access to Biological Resources and Knowledge:

It provides a legal framework for the regulation of access to biological resources and associated traditional knowledge.

Key Provisions of the Biological Diversity Act, 2002:

1. National Biodiversity Authority (NBA):
   • The Act establishes the National Biodiversity Authority (NBA) at the national level. The NBA is responsible for implementing the provisions of the Act and coordinating with other national and international bodies related to biodiversity.
   • The NBA also provides guidelines for the use of biological resources and traditional knowledge. It is empowered to grant approvals for the use of biological resources by foreign individuals or organizations.
2. State Biodiversity Boards (SBBs):
   • The Act mandates the creation of State Biodiversity Boards (SBBs) in each state to advise the state government on matters relating to biodiversity conservation.
   • SBBs are responsible for promoting conservation and sustainable use at the state level, providing advice to the NBA, and implementing measures related to the conservation of biological resources within the state.

3. Biodiversity Management Committees (BMCs):

   • The Act stipulates the formation of Biodiversity Management Committees (BMCs) at the local level (usually in Panchayats or urban local bodies) to ensure the preservation and sustainable use of biological resources in local ecosystems.
   • These committees are responsible for maintaining a People’s Biodiversity Register (PBR), which documents local biodiversity and traditional knowledge. The PBR helps in ensuring that the rights of indigenous communities are recognized and protected.

4. Access and Benefit Sharing (ABS):

   • The Biological Diversity Act lays down the framework for Access and Benefit Sharing (ABS) to regulate the use of biological resources and associated knowledge, particularly in the context of bioprospecting.
   • If a person or institution intends to access biological resources from India, especially for commercial purposes, they are required to obtain permission from the NBA and comply with the ABS guidelines.
   • The Act ensures that local communities, particularly indigenous groups, receive fair compensation for the use of their knowledge or biological resources.
5. Protection of Traditional Knowledge:
   • The Act emphasizes the importance of traditional knowledge related to biodiversity and its sustainable use. Indigenous communities that have preserved and used biodiversity for centuries are given recognition under the Act.
   • The Act provides a mechanism to protect traditional knowledge from exploitation, especially against biopiracy, where corporations or foreign entities may seek to exploit such knowledge without due benefit sharing.

6. Regulation of Foreign Exchange and Bioprospecting:

   • The Act controls the access of foreign individuals or organizations to India’s biodiversity, especially concerning bioprospecting (the exploration of plant, animal, and microbial resources for commercial exploitation). They are required to obtain prior approval from the NBA and comply with the rules set forth in the Act.
   • This provision is particularly important in preventing biopiracy or unauthorized exploitation of biological resources and traditional knowledge from indigenous communities.

Role of the Act in Conservation and Sustainable Use:

• The Biological Diversity Act plays a crucial role in ensuring the conservation of India’s rich biological heritage. India is one of the megadiverse countries, with a significant variety of flora and fauna, some of which are endemic to the country. By regulating the use of these resources, the Act helps in preventing over-exploitation, degradation, and loss of biodiversity.
• The Act has contributed to the establishment of a framework for monitoring and reporting on biodiversity conservation in India. The Biodiversity Management Committees (BMCs) play a significant role in involving local communities in conservation efforts, leading to community-based management of biodiversity.
• The People’s Biodiversity Registers (PBRs), created by local communities with the help of BMCs, document valuable local knowledge about species, ecosystems, and conservation practices. This helps ensure that traditional knowledge is not lost and that the rights of indigenous people are respected.

Challenges and Criticisms:

• Despite the importance of the Act, its implementation has faced several challenges, including a lack of awareness among local communities, slow progress in the formation of Biodiversity Management Committees, and inadequate resources for the functioning of the National Biodiversity Authority.
• Regulatory hurdles related to access to biological resources, including bureaucratic delays and complicated procedures for obtaining approvals, have led to challenges in its smooth implementation.

• There is a growing need to ensure greater participation of local communities in decision-making and benefit-sharing arrangements. Furthermore, the protection of traditional knowledge from exploitation by multinational corporations remains a critical concern.