General Studies Question
Discuss the salient features of the Biological Diversity Act, 2002.
Solution:
The Biological Diversity Act, 2002 was enacted by India to meet the obligations under the **Convention on Biological Diversity (CBD) 1992**. It aims to protect India’s rich biodiversity and associated traditional knowledge against “biopiracy” while ensuring its sustainable use.
Salient Features of the Act
- 1. Three-Tier Institutional Structure:
The Act establishes a decentralized mechanism for implementation:
- National Biodiversity Authority (NBA): Based in Chennai, it handles matters of national importance and regulates access by foreign nationals/entities.
- State Biodiversity Boards (SBB): Established at the state level to advise state governments and regulate access by Indian citizens.
- Biodiversity Management Committees (BMC): Formed at the local body level (Panchayats/Municipalities) to promote conservation and document local knowledge.
[Image of the three-tier institutional structure of the Biological Diversity Act 2002]
- 2. Regulation of Access to Biological Resources: The Act mandates that any person or organization (especially foreign ones) seeking to obtain biological resources or associated knowledge for research or commercial utilization must obtain **prior approval** from the NBA.
- 3. Fair and Equitable Benefit Sharing: One of the core features is the “Access and Benefit Sharing” (ABS) mechanism. It ensures that the benefits (financial or otherwise) arising from the use of biological resources are shared fairly with the local communities who act as custodians of those resources.
- 4. People’s Biodiversity Registers (PBRs): Local BMCs are tasked with preparing PBRs. These registers document traditional knowledge and the availability of biological resources in a specific region, providing a legal shield against illegal patenting (biopiracy). [Image of People’s Biodiversity Register components]
- 5. Biodiversity Heritage Sites (BHS): State governments, in consultation with local bodies, can notify areas of biodiversity importance as **Biodiversity Heritage Sites** for specialized conservation efforts.
- 6. Penalties for Violations: The Act provides for stringent penalties, including imprisonment and fines, for accessing biological resources without requisite approvals or for transferring results of research to foreign entities without permission.
The Biological Diversity (Amendment) Act, 2023 was recently passed to encourage the Indian system of medicine (AYUSH) and decriminalize certain offenses, though it has faced criticism regarding the potential dilution of benefit-sharing norms.
Concise Model Answer (150-Word Limit)
The Biological Diversity Act, 2002 was enacted to fulfill India’s commitment to the UN Convention on Biological Diversity. Its primary goal is the conservation of biological resources and the fair sharing of benefits arising from their use.
Key features include:
- Three-Tier Structure: Operates through the National Biodiversity Authority (NBA), State Biodiversity Boards (SBB), and local Biodiversity Management Committees (BMC).
- Access Regulation: Mandates prior approval from the NBA for foreign entities to access Indian biological resources or transfer research results.
- Benefit Sharing: Ensures that local communities receive equitable dividends from the commercial exploitation of their resources and traditional knowledge.
- Documentation: BMCs maintain People’s Biodiversity Registers (PBR) to record local bio-resources and safeguard against biopiracy.
- Heritage Sites: Empowers states to declare Biodiversity Heritage Sites for preservation.
The Act serves as a vital legal shield for India’s sovereignty over its natural wealth.