Understanding The Biological Diversity (Amendment) Bill, 2023 – Climate Change

Biodiversity conservation is crucial for maintaining ecological
balance, preserving ecosystems, and ensuring sustainable
development in India. With its diverse flora and fauna, India is
home to a rich variety of species and ecosystems that play a vital
role in supporting livelihoods, agriculture, and cultural heritage.
Protecting biodiversity helps mitigate the impacts of climate
change, promotes resilience against environmental threats, and
fosters the well-being of present and future generations. 

The Biological Diversity (Amendment) Bill, 2023, seeks to modify
the existing Biological Diversity Act of 2002, aiming to address
contemporary challenges while ensuring the sustainable use of
biological resources. It introduces amendments to streamline
processes, encourage medicinal plant cultivation, and simplify
regulatory requirements for accessing biodiversity resources. These
amendments aim to strike a balance between conservation efforts and
facilitating economic activities related to biodiversity. The
bill’s introduction reflects India’s commitment to
biodiversity conservation and its recognition of the evolving needs
in this field.

BIOLOGICAL DIVERSITY ACT, 2002 – A BACKGROUND

The Biological Diversity Act, 2002, was enacted to address
India’s commitments under the Convention on Biological
Diversity. Its primary objectives include the conservation of
biological diversity, sustainable utilisation of its components,
and ensuring fair and equitable sharing of benefits arising from
the utilisation of biological resources and associated traditional
knowledge.

The Act establishes a decentralised three-tiered mechanism for
biodiversity management, comprising the National Biodiversity
Authority (NBA) at the national level, State Biodiversity Boards
(SBBs) at the state level, and Biodiversity Management Committees
(BMCs) at the local level. This hierarchical structure ensures
effective coordination and management of biodiversity conservation
efforts across different administrative levels.

The NBA and SBBs play pivotal roles in implementing the
provisions of the Biological Diversity Act. The NBA acts as the
apex body responsible for formulating policies, guidelines, and
mechanisms for biodiversity conservation and equitable
benefit-sharing. SBBs, on the other hand, facilitate biodiversity
management at the state level by formulating strategies, granting
approvals, and promoting awareness among stakeholders.

Fair and equitable benefit-sharing is a cornerstone of the
Biological Diversity Act, ensuring that local communities,
indigenous peoples, and traditional knowledge holders receive just
compensation for their contributions to biodiversity conservation
and sustainable utilisation of biological resources. This principle
fosters inclusivity, social equity, and environmental justice,
promoting collaborative efforts towards biodiversity conservation
and sustainable development.

INTRODUCTION OF THE BIOLOGICAL DIVERSITY (AMENDMENT) BILL,
2023

The Biological Diversity (Amendment) Bill, 2023, introduces
significant changes to the existing Biological Diversity Act, 2002.
These amendments aim to streamline regulations, promote ease of
doing business, and address concerns raised by various
stakeholders, including practitioners of Indian systems of medicine
and the industry sector. The amendments cover aspects such as the
decriminalisation of certain offences, the exemption of AYUSH
practitioners from benefit-sharing requirements, and the
facilitation of collaborative research and investments in
biodiversity-related activities.

The proposed amendments initially sparked concerns and
criticisms from environmentalists, legal experts, and activists.
Critics argued that the amendments could undermine biodiversity
conservation efforts, favour industry interests over environmental
protection, and weaken the framework for fair and equitable
benefit-sharing with local communities. There were apprehensions
that the amendments might dilute the core objectives of the
Biological Diversity Act and compromise India’s commitments
under international conventions such as the Convention on
Biological Diversity.

The primary purpose of amending the Biological Diversity Act,
2002, is to address the evolving needs and challenges in
biodiversity conservation and utilisation. By revising certain
provisions, the amendments aim to create a conducive environment
for research, innovation, and investment in biodiversity-related
activities while ensuring compliance with international agreements
and protocols.

KEY AMENDMENTS IN THE BIOLOGICAL DIVERSITY (AMENDMENT) BILL,
2023

The Biological Diversity (Amendment) Bill, 2023, aims to
encourage the cultivation of medicinal plants by reducing the
regulatory burden on practitioners and companies involved in the
Indian systems of medicine, such as Ayurveda, Yoga, Naturopathy,
Unani, Siddha, and Homeopathy (AYUSH). This amendment intends to
promote the sustainable utilisation of medicinal plants and
traditional knowledge associated with Indian healthcare
systems.

The bill seeks to simplify the patent application process for
biological resources and associated traditional knowledge. By
streamlining administrative procedures and reducing compliance
burdens, the amendments aim to facilitate collaborative research
and attract investments in biodiversity-related activities. This
provision is designed to foster innovation and promote the
commercialisation of biotechnological inventions while ensuring
compliance with legal and regulatory requirements.

One of the significant amendments proposed in the bill is the
exemption of certain users, including practitioners of Indian
systems of medicine, from the requirement of sharing benefits with
local communities. While this exemption aims to promote research
and development in the field of traditional medicine, it has raised
concerns about equitable benefit-sharing and the protection of
indigenous knowledge holders’ rights. Critics argue that this
provision could potentially undermine the principles of fairness
and inclusivity embedded in the Biological Diversity Act.

The amendments align the definition of foreign-controlled
companies with existing laws, such as the Companies Act, 2013, to
regulate their access to biological resources. By clarifying the
regulatory framework for foreign-controlled entities, the
amendments aim to ensure compliance with international agreements,
such as the Nagoya Protocol on Access and Benefit-Sharing. This
alignment seeks to strengthen oversight mechanisms and prevent the
exploitation of biological resources by foreign entities without
compromising national interests or sovereignty.

Overall, these key amendments reflect the government’s
efforts to strike a balance between promoting economic development,
encouraging innovation, and safeguarding biodiversity conservation
and traditional knowledge. However, the implications of these
amendments on biodiversity conservation and equitable
benefit-sharing remain subject to scrutiny and debate within legal
and environmental circles.

LEGISLATIVE PROCESS AND CRITICISMS

The Biological Diversity (Amendment) Bill, 2023, was introduced
in Parliament on December 16, 2021, by Union Minister Bhupender
Yadav. Due to concerns raised regarding the amendments favouring
industry interests and potentially contradicting the spirit of the
Convention on Biological Diversity (CBD), the bill was referred to
a joint committee for further examination and review.

Various stakeholders, including activists, legal experts, and
environmental organisations, expressed concerns regarding the
potential implications of the proposed amendments. Critics argued
that the amendments could prioritise commercial interests over
biodiversity conservation and equitable benefit-sharing.
Additionally, there were apprehensions about the exemption of
certain users from sharing benefits with local communities, which
could lead to the exploitation of traditional knowledge holders and
undermine biodiversity conservation efforts.

Following extensive deliberations and consultations, the joint
committee submitted its report to Parliament on August 2, 2022. The
committee recommended certain amendments to address the concerns
raised by stakeholders. These amendments aimed to strike a balance
between promoting economic development and ensuring the sustainable
conservation of India’s biodiversity. However, despite the
modifications, the bill continued to face criticism from various
quarters, particularly regarding the decriminalisation of certain
provisions and the exemption of specific users from benefit-sharing
obligations.

ANALYSIS OF CONTROVERSIAL PROVISIONS

One of the contentious aspects of the Biological Diversity
(Amendment) Bill, 2023, is the decriminalisation of offences under
the Biological Diversity Act, 2002. The bill proposes to replace
criminal penalties with monetary fines, thereby reducing the
severity of consequences for violations related to biodiversity
conservation and benefit-sharing. Critics argue that
decriminalisation may weaken enforcement mechanisms and fail to
deter illegal activities effectively.

The proposed penalty structure in the bill raises concerns about
its adequacy in deterring violators, particularly given the
disparity in penalties based on the size of the company and the
gains obtained. While the bill outlines monetary fines ranging from
INR 100,000 to INR 5 million, continuing violations could attract
additional penalties of up to INR 1 crore. However, the adequacy of
these penalties in proportion to the gains obtained by entities
remains a subject of debate.

Environmentalists and conservationists have voiced concerns
about the potential exploitation of biodiversity resources under
the amended provisions. The exemption of certain users, including
practitioners of Indian systems of medicine, from benefit-sharing
obligations raises apprehensions about the equitable distribution
of benefits among local communities and traditional knowledge
holders. Furthermore, the alignment of definitions with existing
laws to regulate access by foreign-controlled companies has led to
concerns about the unchecked exploitation of India’s
biodiversity.

IMPLICATIONS FOR BIODIVERSITY CONSERVATION

The Biological Diversity (Amendment) Bill, 2023, highlights the
challenge of balancing economic development with biodiversity
conservation. While the amendments aim to promote ease of doing
business and facilitate investments, there is a pressing need to
ensure that these efforts align with sustainable conservation
practices to safeguard India’s rich biodiversity.

Transparent decision-making processes are essential for ensuring
accountability and fostering public trust in biodiversity
conservation initiatives. The inclusion of diverse stakeholders in
decision-making forums can enhance the legitimacy of policies and
promote informed decision-making that considers the interests of
all stakeholders.

Meaningful stakeholder engagement and inclusive consultations
are vital for fostering a collaborative approach to biodiversity
conservation. By actively involving local communities, indigenous
groups, conservationists, scientists, industry representatives, and
policymakers, we can harness collective wisdom and diverse
perspectives to develop effective strategies for biodiversity
conservation.

As India navigates the complexities of biodiversity
conservation, there is a pressing need for concerted efforts to
promote sustainable practices, enhance stakeholder engagement, and
uphold the principles of equity and justice. By prioritising
biodiversity conservation, we can safeguard our natural heritage
for future generations and foster a harmonious relationship between
humans and the environment.

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