The Biological Diversity Act, 2002 is a law passed by the Indian Parliament to protect biological diversity and to provide a system for the fair distribution of the advantages brought about by the utilisation of traditional biological resources and knowledge. To fulfil requirements under the Convention on Biological Diversity (CBD), the Act was passed. This law is necessary to safeguard India's biological legacy because it is one of the most biologically varied countries in the world. This article will explain to you about the Biological Diversity Act, 2002 which will be helpful in preparing the Environment Syllabus for the UPSC Civil Service exam.

Biological Diversity Act, 2002 - Background

• Prior to the Biological Diversity Act of 2002, India had several environmental legislations in place, but there was clearly a gap that necessitated the passage of this Act in 2002.
• In Rio de Janeiro, India signed the Convention on Biological Diversity, which established a framework and foundation for sustainable development and the preservation of its biodiversity, with a strong emphasis on natural resources.
• Ten years later, the Biological Diversity Act of 2002 was passed.
• Following 1990, India's closed economy was transformed into an open economy.
• Following that, biopiracy went unchecked because there was no stringent legislation protecting resource overexploitation and piracy.
• This resulted in the formation of a civil society group tasked with developing a National Biodiversity Strategy and Plan.
• However, this was not accepted, and the government articulated a legal framework and draught known as the Biodiversity Bill, 2000, on which this Act was passed by the Lok Sabha on December 2, 2002, and the Rajya Sabha on December 11, 2002.
• On February 5, 2003, it finally received Presidential assent.

What is Biological Diversity Act, 2002?

• The Biological Diversity Act of 2002 arose from India's attempt to realise the goals enshrined in the 1992 United Nations Convention on Biological Diversity (CBD), which recognises states' sovereign rights to use their own biological resources.
• The legislation, which was passed in 2002, intends to protect biological resources, manage their sustainable use, and enable a just and equitable distribution of benefits resulting from their usage and knowledge with the local populations.
• The Act's general objectives include maintaining and controlling the right use of the biological diversity's components and guaranteeing fair sharing of the benefits obtained from such usage.
• The Act's aforementioned goals include protecting traditional knowledge, preventing biopiracy, forbidding persons from obtaining patents without the consent of the government, and more.
• Section 8, sub-sections (1) and (3) of this Act provide for the establishment of a National Biodiversity Authority in Chennai.

Biological Diversity Act, 2002 - Objectives

• The Act aims to conserve biological diversity by maintaining and controlling the proper use of its components and ensuring equitable distribution of benefits derived from such use.
• The Act's stated goals include protecting traditional knowledge, preventing biopiracy, prohibiting people from claiming patents without the government's permission, and so on.
• The facets of the goal of aiming to conserve biological diversity relates to developing national plans and programmes for biodiversity conservation, powers given to state governments to notify and preserve biodiversity areas, and the authority of the Central Government to notify species that are dangerously endangered, on the verge of extinction, threatened species, and precluded species.
• While sustainable use of its component would imply regularising the use of natural resources rather than exhausting them.
• The provision for benefit sharing seeks to achieve equitable sharing of benefits derived from accessed biological resources, by-products, knowledge, and practise related to them under the terms and conditions agreed upon by the person applying for such benefits and the local bodies involved.

Biological Diversity Act, 2002 - Salient Features

• Without prior authorisation from the National Biodiversity Authority, the following actions are prohibited by the Act:
• anybody who acquires a biological resource found in India for their research or commercial use, whether they are headquartered in India or not.
• the dissemination of any study findings pertaining to biological resources found in or derived from India.
• the assertion of any intellectual property rights over any innovation that was created using biological materials that were imported from India.
• To carry out any study involving the nation's biological natural resources, the Act gives these authorities specific funding and a distinct budget.
• It will keep an eye on how biological resources are used and ensure that they are used sustainably. It will also have control over financial investments, oversee their return, and dispose of money in the proper ways.
• In accordance with this law, the Central Government should, after consulting with the NBA:
• Notify threatened species, restrict or control their collection, restoration, and conservation.
• Establish institutions as a home for many types of biological resources.
• All offences covered by the statute are defined as cognizable and non-bailable.
• The National Green Tribunal should be contacted about any complaints regarding the decision on benefit sharing or order of the National Biodiversity Authority or a State Biodiversity Board under this Act.

Exemptions from Biological Diversity Act, 2002

• Indian biological resources that are typically sold as commodities are not covered by the Act.
• This exception only applies in cases when biological resources are only employed as commodities.
• The legislation also disallows the utilisation of indigenous biological resources and associated knowledge when it is done in accordance with central government authorisation for joint research initiatives involving Indian and foreign universities.
• Additionally excluded are uses by cultivators and breeders, such as farmers, keepers of animals and bees, and traditional healers like vaids and hakims.

Framework of Biological Diversity Act, 2002

• A three-tiered framework was envisioned by the legislation to control access to biological resources:
• The National Biodiversity Authority (NBA)
• The State Biodiversity Boards (SBBs)
• The Biodiversity Management Committees (BMCs) (at local level)

The National Biodiversity Authority

• The Central Government of India formed the National Biodiversity Authority (NBA) in 2003 to carry out the Biological Diversity Act (2002).
• It is a statutory organisation that serves the Indian government in a facilitative, regulatory, and advising capacity regarding the preservation and wise use of biological resources.
• In Chennai, Tamil Nadu, India, the NBA is headquartered.

Structure of National Biodiversity Authority

• The following individuals make up the National Biodiversity Authority and will be chosen by the central government:
• A Chairman
• There are three ex officio members: one from the ministry in charge of tribal affairs, and two from the ministry in charge of the environment and forests.
• Seven ex-officio members to represent the Central Government Ministries in charge of:
• Agricultural Research and Education
• Biotechnology
• Ocean Development
• Agriculture and Cooperation
• Indian Systems of Medicine and Homoeopathy
• Science and Technology
• Scientific and Industrial Research;
• Five non-official members will be chosen from among professionals and scientists with specialised knowledge and expertise in the necessary topics in the fields of science and technology and scientific and industrial research.

Functions of National Biodiversity Authority

• Creating an environment that is supportive to biodiversity conservation and sustainable usage, where appropriate.
• Biological Diversity Act of 2002 compliance includes advising the central government, enforcing regulations, and giving recommendations for fair and equitable benefit sharing as well as access to biological resources.
• Taking the necessary steps to prevent the granting of intellectual property rights on any biological resource obtained from India or information related with such biological resources that was obtained from India unlawfully in any nation outside of India.
• Providing advice to the state governments on the places of biological value that should be designated as historic sites and making management suggestions.

State Biodiversity Boards (SBBs)

• In line with Section 22 of the Act, the State Governments create the SBBs.
• Structure: These individuals who make up the State Biodiversity Board include:

• A Chairman
• Five ex officio members maximum to represent the pertinent State Government Departments
• No more than five specialists in the preservation of biological variety, sustainable use of biological resources, and fair distribution of benefits resulting from the use of biological resources may make up the committee.
• The different State Governments appoint each member of the SBB.

Functions of State Biodiversity Boards

• Provide advice to the State Government about issues pertaining to conservation, sustainable usage, and fair benefit sharing, subject to any directives issued by the Central Government.
• impose restrictions by approving requests for the commercial use of, or the bio-surveillance and bio-utilisation of, any biological resource by humans.

Biodiversity Management Committees (BMCs)

• Every local body must establish the BMC in its jurisdiction in accordance with Section 41 of the Act in order to further the protection, sustainable use, and recording of biological variety, including:
• Preservation of habitats
• Conservation of Landraces
• Folk varieties and cultivars
• Domesticated stocks And breeds of animals
• Microorganisms And Chronicling Of Knowledge Relating To Biological Diversity

Structure of Biodiversity Management Committees (BMCs)

• There must be a chairperson and no more than six members who have been chosen by the local body.
• Not less than one-third of the total members of a BMC must be women, and not less than 18% must be from one of the Scheduled Castes or Scheduled Tribes.
• The Chairperson of the local body will preside over a meeting when the committee's members will vote to elect the chairperson of the biodiversity management committee.
• In the event of a tie, the local body's chairman will have the last say.

Functions of Biodiversity Management Committees (BMCs)

• In collaboration with the local population, the BMC's primary responsibility is to create the People's Biodiversity Register.
• The registry must include thorough details on local biological resources' availability and knowledge, as well as any alternative uses for them, such as therapeutic ones.

People’s Biodiversity Registers (PBR)

• The participatory documenting of regional biodiversity, traditional knowledge, and practises is the main goal of PBRs.
• The registry must include in-depth details about the accessibility and understanding of local biological resources, as well as any traditional knowledge related with them or their usage for medicinal or other purposes.
• They are regarded as crucial legal records for establishing the rights of local residents to the biological resources and related traditional knowledge.

Biodiversity Heritage Sites (BHS)

• According to Section 37 of the Biological Diversity Act of 2002, the State Government may designate sites of biological value as Biodiversity Heritage Sites after consulting with local organisations.
• The well-defined places that are distinct, ecologically vulnerable ecosystems – terrestrial, coastal, inland waterways, and marine – with abundant biodiversity made up of any one or more of the following elements are known as biodiversity heritage sites.
• Criteria for Biodiversity Heritage Sites include the following:
• richness of both domesticated and wild species, or of intra-specific categories
• elevated endemism
• existence of endangered and uncommon species
• keystone species
• species of historical importance
• domesticated or cultivated species' wild ancestors or subspecies
• fossil beds are evidence of the biological components' former dominance
• being very significant in terms of cultural, ethical, or aesthetic values; crucial for maintaining cultural variety (with or without a long history of human association with them).

Shortcomings of Biological Diversity Act 2002

• One of the major flaws is the emphasis on preventing profit-sharing from commercial biological resource use rather than provisions for efficient conservation.
• One of the reasons for enacting this act was to prevent bio-piracy by developed countries, but this did not allow for the neglect of the other major goal of protecting biodiversity.
• This legislation does not serve as an umbrella and ignores its potential for harmonisation with previously enacted legislation.
• It also does not establish guidelines for assigning non-monopoly rights or evaluating contributions made by firms, local communities, or individual inventions.
• The fundamental provision of integrating communities and nation is weak.
• The act does not even provide immediate rights holders with the authority to defend their rights in the same way that it weaponizes the Indian state to combat biopiracy, or with rights comparable to those provided to patent holders or applicants.
• One of the major issues is that the information recorded in the People's Biodiversity Register is not legally protected.
  • This register is open to entities interested in utilising a specific area's resources.
  • To ensure that the benefits are shared, such documentation must be regulated by strict monitoring.

Conclusion

The Indian Parliament approved the Biological diversity Act, 2002 to safeguard the country's biological diversity and to set up a framework for the equitable sharing of the benefits resulting from the use of traditional biological resources and knowledge. Resources or traditional knowledge are regarded as being freely accessible if they haven't been granted by the state or any other private person or entity through patents or grants. India remains far behind other countries in its efforts to safeguard biodiversity, despite the fact that some of this Act's provisions are progressive.

FAQs

Q1: What is the Biological Diversity Act, 2002?

Q2: What are the main objectives of the Biological Diversity Act, 2002?

Q3: Which body is responsible for the implementation of the Biological Diversity Act, 2002?

Q4: What is meant by “access and benefit sharing” under the Biological Diversity Act?

Q5: How does the Biological Diversity Act, 2002 contribute to environmental conservation?

MCQs

1. What is the main focus of the Biological Diversity Act, 2002?

A) Industrial development

B) Conservation of biological diversity

C) Urban planning

D) Economic reforms

2. Which authority is established under the Biological Diversity Act, 2002?

A) Central Pollution Control Board

B) National Biodiversity Authority

C) Wildlife Institute of India

D) Forest Research Institute

3. What does the term “biological diversity” refer to?

A) Variety of languages

B) Variety of species and ecosystems

C) Variety of technologies

D) Variety of economic systems

4. What is the purpose of “access and benefit sharing” as per the Biological Diversity Act?

A) To exploit biological resources without regulation

B) To ensure fair distribution of benefits derived from biological resources

C) To limit access to biological resources

D) To promote biodiversity loss

5. Which of the following is a key feature of the Biological Diversity Act, 2002?

A) Promotes urbanization

B) Encourages monoculture

C) Establishes a framework for biodiversity conservation

D) Discourages community participation

GS Mains Questions and Model Answers

Q1. Discuss the significance of the Biological Diversity Act, 2002 in the context of environmental conservation in India.

Answer: The Biological Diversity Act, 2002 holds significant importance in the context of environmental conservation in India as it aims to address the critical challenges posed by biodiversity loss and the sustainable management of biological resources. The Act establishes a legal framework that recognizes the intrinsic value of biological diversity, providing mechanisms for its conservation and sustainable use. It mandates the creation of the National Biodiversity Authority (NBA), which plays a crucial role in overseeing the conservation efforts and ensuring compliance with the Act. One of the key aspects of the Act is its focus on “access and benefit sharing,” which seeks to ensure that local communities and indigenous people, who are often the custodians of biodiversity, receive fair compensation for their contributions to conservation efforts. By promoting participatory approaches, the Act encourages community involvement in biodiversity management, fostering a sense of ownership and responsibility towards natural resources. Furthermore, the Act aligns with international commitments, such as the Convention on Biological Diversity, reinforcing India's dedication to global biodiversity conservation efforts. Overall, the Biological Diversity Act, 2002 serves as a vital instrument in safeguarding India's rich biological heritage, promoting sustainable practices, and addressing the socio-economic needs of local communities.

Q2. Analyze the role of the National Biodiversity Authority established under the Biological Diversity Act, 2002.

Answer: The National Biodiversity Authority (NBA), established under the Biological Diversity Act, 2002, plays a pivotal role in implementing the provisions of the Act and promoting biodiversity conservation in India. As the principal authority, the NBA is responsible for advising the government on matters related to biodiversity management and conservation, ensuring that policies and practices align with the objectives of the Act. One of its key functions is to regulate access to biological resources and associated traditional knowledge, facilitating fair and equitable benefit sharing with local communities and indigenous peoples. The NBA also oversees the establishment of State Biodiversity Boards, which work at the regional level to implement conservation initiatives and promote sustainable practices. Furthermore, the NBA engages in capacity-building efforts, raising awareness about the importance of biodiversity conservation among stakeholders, including local communities, industry, and researchers. It also collaborates with various national and international organizations to enhance biodiversity research and conservation efforts. By fostering partnerships and promoting participatory approaches, the NBA plays a crucial role in integrating biodiversity considerations into development planning and policy-making, ultimately contributing to the sustainable management of India's rich biological resources.

Q3. Evaluate the challenges faced in the implementation of the Biological Diversity Act, 2002 in India.

Answer: Despite the progressive framework provided by the Biological Diversity Act, 2002, several challenges hinder its effective implementation in India. One of the primary issues is the lack of awareness and understanding of the Act among local communities and stakeholders. Many indigenous groups and rural populations remain unaware of their rights and the provisions for benefit sharing, which can lead to exploitation of their resources without appropriate compensation. Additionally, there is often a gap between policy formulation and practical execution, with inadequate enforcement mechanisms resulting in non-compliance by various stakeholders, including industries and researchers. Another significant challenge is the coordination among multiple agencies and departments involved in biodiversity conservation, which can lead to overlapping jurisdictions and inefficient resource management. Furthermore, issues such as habitat destruction, climate change, and pollution continue to threaten biodiversity, complicating conservation efforts. The lack of adequate funding and resources for implementing biodiversity initiatives further exacerbates these challenges. Lastly, the pressure from economic development and urbanization often prioritizes short-term gains over long-term sustainability, posing a continual threat to India’s rich biodiversity. Addressing these challenges requires a concerted effort involving awareness campaigns, capacity building, better coordination among stakeholders, and a commitment to integrating biodiversity conservation into national development plans.

Previous Year Questions on  Biological Diversity Act 2002

1. UPSC CSE 2021

Question. Discuss the provisions of the Biological Diversity Act, 2002 and its role in the conservation of biodiversity in India.

Answer: The Biological Diversity Act, 2002 is a significant legislative measure aimed at conserving biological diversity and promoting sustainable management of biological resources in India. One of its primary provisions is the establishment of the National Biodiversity Authority (NBA), which oversees the implementation of the Act and ensures that access to biological resources is regulated. The Act mandates that any person or organization seeking to access biological resources or associated traditional knowledge must obtain prior approval from the NBA and share the benefits derived from their use with the local communities that provide these resources. This provision aims to ensure that indigenous peoples and local communities receive fair compensation for their contributions to biodiversity conservation. Additionally, the Act promotes the establishment of State Biodiversity Boards to facilitate local-level conservation efforts. It also encourages the documentation of biological diversity and traditional knowledge, emphasizing the importance of preserving indigenous practices. By providing a legal framework for conservation and sustainable use, the Biological Diversity Act, 2002 plays a crucial role in protecting India's rich biological heritage, fostering community participation, and aligning with international biodiversity commitments. Overall, the Act is a vital instrument for enhancing biodiversity conservation efforts in the country.

2. UPSC CSE 2020

Question. Analyze the importance of “Access and Benefit Sharing” in the context of the Biological Diversity Act, 2002.

Answer: “Access and Benefit Sharing” (ABS) is a crucial component of the Biological Diversity Act, 2002, reflecting India's commitment to the principles of equity and fairness in the use of biological resources. ABS is designed to ensure that local communities and indigenous peoples, who often play a vital role in conserving biodiversity, receive equitable benefits from the utilization of their traditional knowledge and biological resources. The importance of ABS can be analyzed from several perspectives. Firstly, it promotes social justice by recognizing the rights of local communities over their natural resources and ensuring that they are compensated for their contributions. This compensation can take various forms, including monetary benefits, capacity-building initiatives, or the sharing of research findings and innovations. Secondly, ABS encourages sustainable practices by motivating communities to conserve biodiversity and manage their resources responsibly, knowing that they will benefit from their stewardship. It fosters a sense of ownership and responsibility towards conservation efforts, as communities see tangible returns from their practices. Furthermore, ABS aligns with global biodiversity frameworks, such as the Convention on Biological Diversity (CBD), reinforcing India's commitment to international norms and standards. Overall, the ABS mechanism under the Biological Diversity Act, 2002 is essential for promoting equitable sharing of benefits, enhancing community participation in conservation efforts, and ensuring the sustainability of India's rich biological heritage.