Understanding The Biological Diversity (Amendment) Bill, 2023

• Published date: 03 April 2024
• Subject Matter: Environment, Environmental Law, Climate Change
• Law Firm: De Penning & De Penning
• Author: Dipanjana Chakraborty

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...