Biological Diversity (Amendment) Bill, 2021

28 Jul 2023 Biological Diversity (Amendment) Bill, 2021

This article covers “Daily Current Affairs” and the topic details “Biological Diversity (Amendment) Bill, 2021”. The topic “Biological Diversity (Amendment) Bill, 2021″ has relevance in the Environment section of the UPSC CSE exam.

For Prelims:

Key Features of the Biological Diversity (Amendment) Bill, 2021?

For Mains:

GS 3: Environment

Concerns about  the Biological Diversity (Amendment) Bill, 2021?

Way Forward?

Why in the news?

Recently, Lok Sabha has passed the Biological Diversity (Amendment) Bill, 2021

Key Features of the Biological Diversity (Amendment) Bill, 2021:

Access to Biological Resources:

• Currently, anyone seeking to access biological resources or associated knowledge in India needs prior approval or must inform the regulatory authority.
• The Bill modifies the classification of entities and activities that require intimation, introducing exemptions to certain cases.

Intellectual Property Rights (IPR):

• The Act requires NBA approval before applying for IPR related to biological resources from India.
• The Bill suggests that approval will be required before the actual grant of the IPR, not during the application process.

Exempting AYUSH Practitioners:

• The Bill proposes to grant exemptions to registered AYUSH medical practitioners and individuals accessing codified traditional knowledge, among others. These exemptions would relieve them from the requirement of giving prior intimation to State biodiversity boards when accessing biological resources for specific purposes.

Benefit Sharing:

• The Act mandates benefit sharing, involving both monetary and non-monetary benefits with those conserving biodiversity or holding traditional knowledge.
• The Bill removes the applicability of benefit sharing requirements from research, bio-survey, and bio-utilisation.

Criminal Penalties:

• The Act stipulates criminal penalties, which may include imprisonment, for offenses such as failing to obtain approval or provide intimation for specific activities.
• It proposes to replace criminal penalties with fines ranging from one lakh to fifty lakh rupees 

Concerns about  the Biological Diversity (Amendment) Bill, 2021:

Favoring Industry over Conservation:

• Critics argue that the amendments prioritize industry interests over biodiversity conservation, contrary to the CBD’s spirit.
• Benefit-sharing and community involvement frameworks may be weakened.

Decriminalization of Violations:

• The Bill proposes to decriminalize violations, reducing the NBA’s power to file FIRs against non-compliant parties.
• Enforcement of biodiversity protection laws may be weakened.

Exemption for Domestic Companies:

• The Bill introduces a provision that requires only “foreign-controlled companies” to seek permission for using biodiversity resources. This exemption may create potential loopholes for domestic companies with foreign shareholding to avoid the approval process
• This may lead to unchecked exploitation of biodiversity.

Limited Benefit Sharing:

• Inclusion of “codified traditional knowledge” exempts certain users, such as Indian systems of medicine practitioners, from the need to share benefits.

Domestic companies may avoid sharing profits with communities holding traditional knowledge.

Ignoring Conservation Issues:

• Critics contend that the amendments fall short in effectively addressing the challenges related to biodiversity conservation in India.
• The focus on reducing regulations and facilitating business interests may negatively impact biodiversity and traditional knowledge holders.

Way Forward:

Striking a Balance: Strive for a balance between economic development and sustainable biodiversity conservation.

Inclusive Consultations: Engage in transparent and inclusive consultations with stakeholders, including local communities, indigenous people, conservationists, scientists, and industry representatives.

Consider All Perspectives: Ensure that all perspectives are considered in the decision-making process.

Alignment with Conservation Principles: Ensure that the amendments align with biodiversity conservation principles.

SOURCE:https://www.thehindu.com/sci-tech/energy-and-environment/biological-diversity-amendment-bill-passed-in-lok-sabha/article67120215.ece

Q.1 Consider the following statements: 

1. In India, the Biodiversity Management Committees are key to the realization of the objectives of the Nagoya Protocol.
2. The Biodiversity Management Committees have important functions in determining access and benefit sharing, including the power to levy collection fees on the access of biological resources within its jurisdiction.

Which of the statements given above is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

Answer: (c)

Q.2 Which of the following amendments were proposed by the Biological Diversity (Amendment) Bill, 2021 to the Biological Diversity Act, 2002?

1. Introducing criminal penalties for violations related to biodiversity resources.
2. Granting exemptions to registered AYUSH medical practitioners from prior intimation to State biodiversity boards.

Select the correct answer using the codes below:

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

Answer: (b)

Q.3 How is the Government of India protecting traditional knowledge of medicine from patenting by pharmaceutical companies?

rishabh