The Biological Diversity Act of 2002 stands as a crucial framework in India’s environmental legislation. The primary objective of this Act is to safeguard the rich tapestry of biological diversity found within the country. Its core aims are threefold: to ensure the conservation of biological diversity, promote the sustainable use of its components, and facilitate equitable sharing of benefits derived from its resources. Given that India ranks among the most biologically diverse nations globally, the enactment of this legislation is vital for the preservation of its biological heritage.
Key Objectives of the Biological Diversity Act
1. Conservation of Biological Diversity
The Act's foremost goal is to protect the biological diversity of India, which encompasses a wide range of flora, fauna, and ecosystems. Conservation efforts aim to maintain the natural habitats, ensure the survival of endangered species, and restore ecosystems that have been degraded or destroyed.
2. Sustainable Use of Biological Resources
To prevent overexploitation and ensure that biological resources are used responsibly, the Act promotes sustainable practices. This includes the responsible harvesting of resources and the implementation of strategies that allow for the replenishment of these resources over time.
3. Fair and Equitable Benefit Sharing
Recognizing the contributions of local communities, the Act emphasizes the need for fair compensation. It ensures that local communities, who are the custodians of biological resources and traditional knowledge, receive a just share of the benefits arising from the use of these resources.
Salient Features of the Biological Diversity Act
Regulation of Access to Biological Resources
The Act establishes clear guidelines for accessing India’s biological resources. This regulation is necessary to prevent unauthorized exploitation and to ensure that access is granted under ethical and sustainable conditions.
Conservation and Sustainability of Biological Diversity
A central feature of the Act is its commitment to the long-term sustainability of biological resources. Conservation initiatives are designed to maintain biodiversity while allowing for its sustainable use.
Protection of Indigenous Knowledge
The Act acknowledges and protects the knowledge of local communities regarding biodiversity. It recognizes that these communities possess valuable information about local ecosystems and the sustainable practices necessary for their preservation.
Secure Sharing of Benefits
The Act establishes mechanisms for sharing benefits derived from biological resources with local communities. This ensures that these communities, who play a crucial role in the conservation of biological diversity, are recognized and rewarded for their contributions.
Protection and Rehabilitation of Threatened Species
Through the Act, specific provisions are made for the protection and rehabilitation of species that are threatened or endangered. This includes actions to restore their populations and habitats.
State Government Involvement
The Act encourages active participation from state governments in its implementation. Dedicated committees are established to oversee the management of biological diversity at the state level, ensuring localized efforts in conservation.
Legal Framework for Offenses
Offenses under the Act are treated seriously, with provisions stating that such offenses are non-bailable and cognizable. This legal framework is essential for deterring violations and ensuring accountability.
Grievance Redressal Mechanism
The Act provides a mechanism for addressing grievances related to benefit-sharing or orders issued by the National Biodiversity Authority (NBA) or State Biodiversity Boards (SBBs). Disputes can be escalated to the National Green Tribunal (NGT), ensuring a judicial process for addressing concerns.
Exemptions Under the Biological Diversity Act
While the Act is comprehensive, certain exemptions are specified:
1. Trade of Biological Resources
Indian biological resources that are typically traded as commodities are excluded from the Act. This exemption applies only when these resources are used as commodities, preventing unintended regulatory burdens on commercial activities.
2. Traditional Uses
Traditional uses of biological resources and associated knowledge are exempted when utilized in collaborative research projects between Indian and foreign institutions, provided they have the approval of the central government. This exemption supports cultural practices while fostering research partnerships.
3. Agricultural Practices
Uses by cultivators, such as farmers and livestock keepers, are also exempt. Traditional healers, including vaids and hakims, may utilize biological resources in their practices without facing regulatory challenges.
National Biodiversity Authority (NBA)
To implement the provisions of the Biological Diversity Act, the National Biodiversity Authority (NBA) was established under the Ministry of Environment and Forests in 2003. This statutory, autonomous body is headquartered in Chennai and plays a pivotal role in managing India’s biodiversity.
Functions of the NBA
The NBA is entrusted with several important functions:
Monitoring and Regulation: The NBA monitors actions that contravene the Act and takes necessary measures to prevent illegal activities.
Advisory Role: It provides guidance to the government on best practices for conserving biodiversity in India.
Biodiversity Heritage Sites: The NBA prepares reports to assist in identifying and selecting biodiversity heritage sites, enhancing conservation efforts in critical areas.
Intellectual Property Rights: The NBA takes steps to prevent the granting of intellectual property rights concerning locally utilized biological resources or associated traditional knowledge.
Structure of the NBA
The NBA comprises various members appointed by the central government, including:
- A Chairperson
- Three ex officio members representing the Ministry of Tribal Affairs and two from the Ministry of Environment and Forests
- Seven ex-officio members from different ministries, such as Agricultural Research and Education, Biotechnology, Ocean Development, Agriculture and Cooperation, Indian Systems of Medicine and Homoeopathy, Science and Technology, and Scientific and Industrial Research.
Permission Requirements
For foreign individuals or corporate bodies seeking to obtain knowledge or resources for research, survey, or commercial use, prior permission from the NBA is mandatory. Indian citizens or entities must obtain permissions from their respective SBBs for similar activities.
Furthermore, the results of research utilizing biological resources from India cannot be shared with foreign entities without the consent of the NBA. However, such approval is not necessary for research publications in journals associated with the central government or approved institutions.
State Biodiversity Boards (SBBs)
State Biodiversity Boards are established by state governments under Section 22 of the Act. They are responsible for managing access to biological resources for commercial purposes within their respective states.
Functions of SBBs
The SBBs have several critical functions:
- Advising state governments on biodiversity matters and equitable distribution of benefits.
- Regulating approvals for commercial utilization or bio-survey of biological resources.
Structure of SBBs
The SBBs comprise:
- A Chairperson
- Up to five ex-officio members representing relevant state departments
- Up to five experts in biodiversity conservation, sustainable use of resources, and equitable benefit sharing.
All members of the SBB are appointed by the respective state governments.
Biodiversity Management Committees (BMCs)
According to Section 41 of the Act, every local body is required to establish a Biodiversity Management Committee to promote conservation, sustainable use, and documentation of biological diversity. This includes:
Preservation of Habitats: Ensuring that local ecosystems are maintained and restored.
Conservation of Landraces: Protecting local varieties of plants and animals.
Documentation of Knowledge: Chronicling local knowledge relating to biological diversity.
Functions of BMCs
The primary functions of BMCs include:
People’s Biodiversity Register (PBR): Preparing a PBR in consultation with local communities to document local biodiversity, traditional knowledge, and practices. PBRs serve as key legal documents that affirm local rights over biological resources.
Education and Awareness: Promoting education and awareness regarding biodiversity conservation.
Eco-Restoration Initiatives: Implementing projects aimed at restoring local biodiversity.
Feedback Mechanism: Providing essential feedback to the SBB regarding intellectual property rights, traditional knowledge, and local biodiversity issues.
Management of Heritage Sites: Overseeing the conservation of heritage sites, including sacred groves and water bodies.
Structure of BMCs
Each BMC consists of:
- A Chairperson
- Up to six members nominated by the local body, ensuring gender and social representation. Specifically, at least one-third of the members must be women, and at least 18% must belong to Scheduled Castes/Scheduled Tribes.
The Chairperson of the local body chairs the BMC meetings, and in case of a tie, has the casting vote.
Conclusion
The Biological Diversity Act of 2002 is an essential legislative framework for conserving India's rich biological heritage. By regulating access to biological resources, promoting sustainable practices, and ensuring equitable benefit sharing, the Act plays a pivotal role in protecting the country’s ecological wealth. Through the establishment of the NBA, SBBs, and BMCs, the Act fosters a collaborative approach to biodiversity conservation, empowering local communities and integrating their traditional knowledge into modern conservation efforts.
This legislation not only addresses the immediate threats to biodiversity but also lays the foundation for a sustainable future, where both people and nature can thrive harmoniously. The challenges ahead require a concerted effort from all stakeholders to uphold the principles enshrined in the Act, ensuring that India's biological diversity continues to flourish for generations to come.
