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The Biological Diversity (Amendment) Bill, 2021 was recently passed in the Lok Sabha. The bill, drafted by the Ministry of Environment, Forest and Climate Change, is a response to concerns raised by traditional Indian medicine practitioners regarding the heavy compliance burden imposed by the Biological Diversity Act. The bill aims to simplify compliance requirements for domestic companies and encourage the cultivation of medicinal plants while protecting traditional knowledge associated with biodiversity. Read on to learn more about the significance, features, objectives, effects, pros and cons of this bill.
Biological Diversity Act, 2002 | UPSC – IAS
The Biological Diversity Act, 2002, officially known as the Biological Diversity Act, is an important environmental legislation enacted by the Government of India to conserve and protect the country’s rich biodiversity. The act aims to regulate access to biological resources, protect traditional knowledge associated with biodiversity, and ensure equitable sharing of benefits arising from their utilization. The key features of the act include the establishment of Biodiversity Management Committees, identification of Biodiversity Heritage Sites, regulation of access and benefit sharing, establishment of the National Biodiversity Authority, and protection of indigenous knowledge.
Biological Diversity (Amendment) Bill, 2021 | UPSC – IAS
The Biological Diversity (Amendment) Bill, 2021 amends the Biological Diversity Act, 2002 to simplify compliance requirements for domestic companies. The bill exempts users of codified traditional knowledge and AYUSH practitioners from sharing benefits with local communities and removes research and bio-survey activities from the purview of benefit-sharing requirements. The bill also decriminalizes all offenses under the act and introduces fines instead of penalties.
Significance | UPSC – IAS
The Biological Diversity (Amendment) Bill, 2021 has several significant implications. Firstly, it aims to reduce pressure on wild medicinal plants by encouraging the cultivation of medicinal plants. This is crucial for the conservation of biodiversity. Secondly, the bill seeks to promote the Indian system of traditional medicine, known as AYUSH, by exempting registered AYUSH medical practitioners from certain compliance requirements. Thirdly, the bill facilitates the fast-tracking of research and patent application processes without compromising the objectives of international agreements such as the UN Convention on Biological Diversity and its Nagoya Protocol. Lastly, the bill encourages foreign investment in the sector, which can boost the economy and drive innovation in the field of biodiversity conservation and sustainable use.
Concerns | UPSC – IAS
While the Biological Diversity (Amendment) Bill, 2021 has its merits, there are also concerns that need to be addressed. Firstly, the bill does not define the term ‘codified traditional knowledge’, which may lead to ambiguity in its application. Secondly, the bill removes the direct role of local bodies and benefits claimers in determining mutually agreed terms, which may go against the framework established by the Nagoya Protocol. Additionally, there is a lack of provision for obtaining prior informed consent from local and indigenous communities, which is an important aspect of benefit sharing. Critics argue that the modifications favor industrial interests over biodiversity protection and may weaken the framework for community participation and benefit sharing.
Conclusion | UPSC – IAS
The Biological Diversity (Amendment) Bill, 2021 is a significant step towards simplifying compliance requirements for domestic companies and encouraging the cultivation of medicinal plants. While it has the potential to promote the Indian system of traditional medicine and facilitate research and innovation, it is important to address the concerns raised by critics to ensure that biodiversity conservation, traditional knowledge protection, and benefit sharing are not compromised. The bill aligns with India’s commitment to global biodiversity conservation efforts and contributes to the objectives of the UN Convention on Biological Diversity.
Fun Fact: Did you know that India is one of the megadiverse countries in the world, hosting nearly 7-8% of the world’s recorded species?
Mutiple Choice Questions
1. What is the purpose of the Biological Diversity (Amendment) Bill, 2021?
a) To simplify compliance requirements for domestic companies
b) To regulate access to biological resources
c) To protect traditional knowledge associated with biodiversity
d) To promote sustainable use of biological resources
Explanation: The purpose of the Biological Diversity (Amendment) Bill, 2021 is to simplify compliance requirements for domestic companies.
2. Which ministry drafted the Biological Diversity (Amendment) Bill, 2021?
a) Ministry of Home Affairs
b) Ministry of Finance
c) Ministry of Environment, Forest and Climate Change
d) Ministry of Agriculture
Explanation: The Biological Diversity (Amendment) Bill, 2021 was drafted by the Ministry of Environment, Forest and Climate Change.
3. What is the main objective of the Biological Diversity Act, 2002?
a) To promote sustainable use of biological resources
b) To regulate access to genetic resources and traditional knowledge
c) To conserve and protect the country’s biodiversity
d) To ensure fair and equitable sharing of benefits arising from utilizing resources and knowledge associated with biodiversity
Explanation: The main objective of the Biological Diversity Act, 2002 is to conserve and protect the country’s biodiversity.
4. What are Biodiversity Management Committees responsible for?
a) Promoting conservation and sustainable use of biodiversity
b) Regulating access to biological resources
c) Establishing Biodiversity Heritage Sites
d) Implementing the Act at the national level
Explanation: Biodiversity Management Committees are responsible for promoting conservation, sustainable use, and documentation of biodiversity within their jurisdiction.
5. What is the role of the National Biodiversity Authority?
a) Implementing the Act at the national level
b) Regulating access and benefit sharing
c) Establishing Biodiversity Fund
d) Identifying Biodiversity Heritage Sites
Explanation: The National Biodiversity Authority is responsible for implementing the Act at the national level.
6. What is the significance of the Biological Diversity (Amendment) Bill, 2021?
a) It aims to reduce pressure on wild medicinal plants
b) It encourages the cultivation of medicinal plants
c) It facilitates fast-tracking of research and patent application process
d) All of the above
Explanation: The Biological Diversity (Amendment) Bill, 2021 aims to reduce pressure on wild medicinal plants, encourages the cultivation of medicinal plants, and facilitates the fast-tracking of research and patent application process.
7. What are the concerns raised about the Biological Diversity (Amendment) Bill, 2021?
a) Lack of definition of the term ‘codified traditional knowledge’
b) Removal of direct role of local bodies in determining mutually agreed terms
c) Lack of provision for obtaining prior informed consent from local and indigenous communities
d) All of the above
Explanation: Concerns about the Biological Diversity (Amendment) Bill, 2021 include the lack of definition of the term ‘codified traditional knowledge’, removal of the direct role of local bodies in determining mutually agreed terms, and the lack of provision for obtaining prior informed consent from local and indigenous communities.
8. How does the Biological Diversity (Amendment) Bill, 2021 modify the penalties?
a) It decriminalizes offenses under the Act
b) It introduces fines ranging from one lakh to fifty lakh rupees
c) It changes the adjudicating authority from a Judge to a government official
d) All of the above
Explanation: The Biological Diversity (Amendment) Bill, 2021 decriminalizes offenses under the Act, introduces fines ranging from one lakh to fifty lakh rupees, and changes the adjudicating authority from a Judge to a government official.
9. What is the purpose of the Biodiversity Fund?
a) To support conservation and sustainable use initiatives
b) To promote benefit-sharing mechanisms
c) To establish Biodiversity Heritage Sites
d) To regulate access to biological resources
Explanation: The purpose of the Biodiversity Fund is to support conservation and sustainable use initiatives and promote benefit-sharing mechanisms.
10. How does the Biological Diversity (Amendment) Bill, 2021 align with the Convention on Biological Diversity (CBD)?
a) By reducing pressure on wild medicinal plants
b) By encouraging the cultivation of medicinal plants
c) By ensuring fair and equitable sharing of benefits
d) All of the above
Explanation: The Biological Diversity (Amendment) Bill, 2021 aligns with the Convention on Biological Diversity (CBD) by reducing pressure on wild medicinal plants, encouraging the cultivation of medicinal plants, and ensuring fair and equitable sharing of benefits.
Brief Summary | UPSC – IAS
The Biological Diversity (Amendment) Bill, 2021 was passed in the Lok Sabha in response to concerns raised by traditional Indian medicine practitioners. The bill amends the Biological Diversity Act, 2002 to simplify compliance requirements for domestic companies. Some of the key changes include exempting users of codified traditional knowledge and AYUSH practitioners from sharing benefits with local communities, removing benefit-sharing requirements from research and bio-survey activities, and introducing fines instead of criminal offenses. Critics argue that the bill prioritizes industrial interests over biodiversity protection and weakens the framework for benefit-sharing and community participation. The bill aims to encourage the cultivation of medicinal plants and facilitate research and patent applications without compromising global biodiversity conservation efforts.