Biological Diversity (Amendment) Bill 2021

Biological Diversity (Amendment) Bill 2021

Subject: Environment

Section: Biodiversity

Context:

Rajya Sabha MP and senior Congress leader Jairam Ramesh has criticised the provisions of the Biological Diversity (Amendment) Bill, 2021 that is currently being reviewed by a Joint Parliamentary Committee (JPC).

Content:

Amendments in the Bill

• The Biological Diversity Act, 2002 was framed to give effect to the United Nations Convention on Biological Diversity (CBD), 1992, that strives for sustainable, fair and equitable sharing of benefits arising out of the utilization of biological resources and associated traditional knowledge.
• To do this, it formulates a three-tier structure consisting of a National Biodiversity Authority (NBA) at the national level, State Biodiversity Boards (SBBs) at the State level and Biodiversity Management Committees (BMCs) at local body levels.
• The primary responsibility of the BMCs is to document local biodiversity and associated knowledge in the form of a People’s Biodiversity Register.

The Role Of State Biodiversity Board:

The functions of the State Biodiversity Board is to –

Advise the State Government, subject to any guidelines issued by the Central Government, on matters relating to the conservation of biodiversity, sustainable use of its components and equitable sharing of the benefits arising out of the utilization of biological resources;

Regulate by granting of approvals or otherwise requests for commercial utilization or bio survey and bio utilization of any biological resource by Indians;

Perform such other functions as may be necessary to carry out the provisions of this Act or as may be prescribed by the State Government.

The key mandate of the Biodiversity Management Committees will be to ensure conservation, utilization and equitable sharing of benefits from the biodiversity. The Biodiversity Management Committees shall facilitate preparation of people’s Biodiversity Registers at District, Block and Village Panchayat/ Municipality/ Municipal Corporation levels by the respective Biodiversity Management Committees using the process and the format set by the Board.

• The amended Bill was drafted in response to complaints by traditional Indian medicine practitioners, the seed sector, and industry and researchers that the Act imposed a heavy “compliance burden” and made it hard to conduct collaborative research and investments and simplify patent application processes.
• The text of the Bill also says that it proposes to “widen the scope of levying access and benefit sharing with local communities and for further conservation of biological resources.”
• The Bill seeks to exempt registered AYUSH medical practitioners and people accessing codified traditional knowledge, among others, from giving prior intimation to State biodiversity boards for accessing biological resources for certain purposes.

Cause of worry

• The modifications will exempt AYUSH manufacturing companies from needing approvals from the NBA and thus will go against one of the core provisions of the Act.
• The provision of requiring companies to seek the approval of the NBA only at the time of commercialisation, and not when applying for a patent, was of concern.
• The Bill also decriminalized violations, such as bio-piracy and made them civil offenses,
• There is a lack of data available on the money received from companies and traders for access and benefit-sharing from use of traditional knowledge and resources