Parliament Passes the Biological Diversity (Amendment) Bill

Biological Diversity (Amendment) Bill 2023

On August 1, 2023, the Rajya Sabha approved the Biological Diversity (Amendment) Bill 2023, which had already been passed by the Lok Sabha on July 25, 2023. This Bill amends the existing Biological Diversity Act of 2002.

Objective of the Bill

The primary objective of the Bill is to streamline compliance requirements for domestic companies and to expedite processes related to research, patent applications, and the transfer of research results from India.

Changes in the Existing Legal Framework

1. The existing Act of 2002 required prior approval from the National Biodiversity Authority (NBA) for obtaining biological resources or associated knowledge for research, commercial utilization, or bio-survey and bio-utilization. The Act also mandated NBA approval for filing applications for any Intellectual Property Right (IPR) involving biological resources from India.
2. The present Bill proposes a change in the existing legal framework. Now, approval from NBA will be required before the grant of IPR and not before the application. The scope of NBA approval is also extended to the access of ‘associated knowledge’ for commercial utilization.
3. The obligation of benefit sharing with the local community for bio-survey and bio-utilization has been eliminated.
4. AYUSH practitioners and users of ‘codified traditional knowledge’ are exempted from benefit sharing with local communities for cultivated medicinal plants and their products.

Negotiation of Benefit Sharing Terms

As per the amendment in the present Bill, the National Authority will negotiate on behalf of the local communities for the terms of benefit sharing. The National Authority will now share the function of NBA vis-a-vis the provisions relating to the terms of benefit sharing.

Decriminalization and Penalties

A significant feature of the present Bill is the complete decriminalization of all offenses under the Biological Diversity Act, 2002. The Bill introduces penalties for violations, ranging from Rupees One lakh to Rupees 50 lakhs, which would have earlier attracted criminal sanctions. Repeat offenders may have to pay a penalty of up to Rupees One Crore. An Adjudicating Officer will be appointed to conduct the inquiry and decide the appropriate penalty.

Emphasis on Sustainable Development Goals (SDGs)

With the above amendments, the bill intends to attract more investment in research and commercialization while safeguarding the traditional knowledge embedded in biological resources. These objectives align with the Sustainable Development Goals (SDGs) set by the United Nations.

Uncertainties and Future Work

Nonetheless, some uncertainties remain in the Bill that must be resolved to sustain the fundamental objectives of the original Biological Biodiversity Act, 2002, which include biodiversity conservation, sustainable utilization of its components, and equitable distribution of benefits arising from biological resources’ utilization.

• The bill exempts users of “codified traditional knowledge” from NBA approval and benefit sharing requirements, but it fails to clearly define this term. This absence creates the possibility of a wide interpretation that could deviate from the core intentions of the Biological Biodiversity Act, 2002.
• The present Bill appoints a National Authority to represent and negotiate the interests of the local communities for determining the terms of benefit sharing between the local communities and the users of the biological resources. Hence, the benefit sharing will now be based on the terms agreed upon between the user and the local management committee, represented by the National Authority, eliminating the direct involvement of local communities in determining the benefit sharing provisions.

International Obligations and Conservation Targets

The enactment of the Biological Diversity Act in 2002 was driven by the goal of fulfilling India’s international obligation under the Convention on Biological Diversity (CBD), a global treaty dedicated to preserving biodiversity. This recent amendment represents progress towards meeting that obligation, but there is still much work ahead to fully comply with the new conservation targets set during the 15th Conference of Parties to CBD in Montreal in December 2022 while safeguarding the indigenous biological resources of the country and the interests of the local community who has been instrumental in protecting it.

SDGs, Targets, and Indicators

1. Which SDGs are addressed or connected to the issues highlighted in the article?

• SDG 15: Life on Land – The article discusses the Biological Diversity (Amendment) Bill, which aims to streamline compliance requirements for domestic companies and expedite processes related to research and patent applications. This aligns with SDG 15, which focuses on protecting, restoring, and promoting sustainable use of terrestrial ecosystems, sustainably managing forests, combating desertification, and halting biodiversity loss.
• SDG 17: Partnerships for the Goals – The article mentions the role of the National Authority in negotiating the terms of benefit sharing between local communities and users of biological resources. This relates to SDG 17, which emphasizes the importance of partnerships and collaboration to achieve the Sustainable Development Goals.

2. What specific targets under those SDGs can be identified based on the article’s content?

• SDG 15.6: By 2020, ensure the fair and equitable sharing of the benefits arising from the utilization of genetic resources and promote appropriate access to such resources.
• SDG 17.16: Enhance the global partnership for sustainable development, complemented by multi-stakeholder partnerships that mobilize and share knowledge, expertise, technology, and financial resources.

3. Are there any indicators mentioned or implied in the article that can be used to measure progress towards the identified targets?

• Indicator for SDG 15.6: Number of countries implementing measures to ensure the fair and equitable sharing of benefits arising from the utilization of genetic resources.
• Indicator for SDG 17.16: Number of multi-stakeholder partnerships promoting sustainable development that have been established or strengthened.

Table: SDGs, Targets, and Indicators

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Source: lexology.com

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