Biological Diversity (Amendment) Bill 2022: Lok Sabha on Tuesday (July 25) passed the Biological Diversity (Amendment) Bill 2022 amidst uproar by the opposition parties on Manipur issue. The bill, which was introduced in Parliament on 16 December 2021 was moved to a joint committee four days later because of concerns over the amendments favouring the industry and contradicting the spirit of the Convention on Biological Diversity (CBD).
What is Biological Diversity (Amendment) Bill 2022?
The Biological Diversity (Amendment) Bill 2022, which seeks the promotion of research on medicinal plants, encourages the production of plant-based medicines and benefit the local persons involved in use of forest produce. The Bill amends exist Biological Diversity Act, 2002 in an attempt to simplify compliance requirements for domestic companies.
What are major provisions of the bill?
- The bill brings changes to the Biological Diversity Act, 2002 by decriminalising biodiversity offences.
- Definition of a foreign company in the bill has been aligned with the definition already given in the Companies Act, 2013.
- Users of codified traditional knowledge and AYUSH practitioners will be exempted from sharing benefits with local communities.
- Those working on natural medicines will be able to market them. Intellectual property rights will be protected.
- The bill ensures that companies come under the Regulatory Framework of NBA for commercial utilisation and obtaining patents and other companies by SBB.
- The members of the National Biodiversity Authority are appointed by the Central government as per the Act.
- A person cannot share or transfer any result of the research on any biological resource occurring in, or obtained or accessed from, India or associated traditional knowledge, for monetary consideration or otherwise, to an individual without the prior written approval of the National Biodiversity Authority, except the codified traditional knowledge which is only for Indians.
What Environment Minister Bhupender Yadav said
The minister said the amendments were introduced after wide consultations and many members in the House had also expressed their support for the bill.
Benefits of the bill
It will encourage cultivation of medicinal plants, research and overall development of Ayush sector.
Criticism of the bill
Local communities may not be benefited. According to the bill, it would exempt users of codified traditional knowledge and Ayurveda, Yoga and Naturopathy, Unani, Siddha, and Homoeopathy (AYUSH) practitioners from sharing benefits with local communities. The bill encourages a conducive environment for investments and simplifies the patent application process, and it will further alienate India’s agriculture, suspect exerts.
What is Biological Diversity Act, 2002 that amended?
Biological Diversity Act, 2002 provides for the conservation of biological diversity in India and their sustainable use, and fair and equitable sharing of the benefits that arise from using biodiversity.
What is National Biodiversity Authority?
National Biodiversity Authority is a statutory body established under Section 8 of the Act for the implementation of the provisions of the Biological Diversity Act, 2002 (BD Act, 2002). The National Biodiversity Authority facilitates and regulates the activities pertaining to access of biological resources, associated knowledge, sharing of benefits arising out of the use of biological resources, publication of Internationally Recognized Certificate of Compliance (IRCC) and provide technical support to States for notifying the Biodiversity Heritage Sites.
Biodiversity Management Committees
Biodiversity Management Committees (BMCs) have been constituted by the local bodies in the States and Union Territories. A total of 2,76,713 BMCs have been constituted in 28 States and 7 UTs. One of the responsibilities of the BMCs is to prepare the People’s Biodiversity Registers (PBRs), in consultation with local people. 2,66,012 PBRs have been prepared across the country. State Biodiversity Boards (SBBs) have been constituted in 28 States and 8 UTs. The SBBs are discharging their functions as provided in the Biological Diversity.
