Biological Diversity Act 2002

Biological Diversity Act 2002

Subject – Environment

Context – Congress Rajya Sabha MP Jairam Ramesh Friday asked Lok Sabha Speaker Om Birla to ensure that the Biological Diversity (Amendment) Bill, 2021 — tabled in the Lower House on Thursday — is referred to the Standing Committee on Environment rather than a Select Committee.

Concept –

• The Biological Diversity Act, 2002 was born out of India’s attempt to realise the objectives enshrined in the United Nations Convention on Biological Diversity (CBD) 1992 which recognizes the sovereign rights of states to use their own Biological Resources.
• The act was enacted in 2002, it aims at the conservation of biological resources, managing its sustainable use and enabling fair and equitable sharing benefits arising out of the use and knowledge of biological resources with the local communities.
• The Act prohibits the following activities without the prior approval from the National Biodiversity Authority.
• 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.
• 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 (NGT).

Exemptions from the Act

• The Act excludes Indian biological resources that are normally traded as commodities. Such exemption holds only so far the biological resources are used as commodities and for no other purpose.
• The act also excludes traditional uses of Indian biological resources and associated knowledge and when they are used in collaborative research projects between Indian and foreign institutions with the approval of the central government.
• Uses by cultivators and breeds, e.g. farmers, livestock keepers and bee keepers and traditional healers e.g.vaids and hakims are also exempted.