Lok Sabha, amidst loud protests from the opposition regarding the violence in Manipur, successfully passed the Biological Diversity (Amendment) Bill, 2023, on Tuesday. The bill, approved by a voice vote, introduces several modifications to the existing Biological Diversity Act, of 2002, including the decriminalization of biodiversity offenses.
One of the main points of contention surrounding the Bill is its perceived promotion of “ease of doing business” and the exemption it provides to users of codified traditional knowledge and practitioners of Indian systems of medicine (such as Ayurveda, Yoga, Naturopathy, Unani, Siddha, and Homoeopathy) from sharing benefits with local communities.
Bhupender Yadav, the Union Minister of Forest, Environment, and Climate Change, addressed the Lok Sabha on 25th July, presenting the Biological Diversity (Amendment) Bill. He emphasized the significance of the bill in light of the ongoing triple crisis faced by the world, encompassing climate change, land desertification, and the loss of biological resources.
The primary objectives of the bill include promoting ease of doing business in the country while ensuring the conservation of biological diversity and sustainable utilization, as well as equitable sharing of benefits arising from the use of biodiversity.
Originally introduced by Yadav in Parliament on 16th December 2021
, the Bill underwent further scrutiny and was referred to a Joint Parliamentary Committee chaired by Sanjay Jaiswal due to concerns that certain amendments could favor the industry and potentially conflict with the principles of the Convention on Biological Diversity (CBD). The Committee’s report, presented on 2nd August the following year, recommended passing the Bill with some modifications.According to the amended Bill, individuals are prohibited from sharing or transferring any research findings related to biological resources or associated traditional knowledge from India without prior written approval from the National Biodiversity Authority, except for codified traditional knowledge, which remains accessible to Indian users without such approval.
The Bill also aligns the definition of foreign companies with the Companies Act 2013, ensuring their inclusion under the regulatory framework of the National Biodiversity Authority for commercial utilization and patent acquisition.
Critics have raised concerns about the Bill’s failure to address biodiversity conservation issues adequately and have pointed out that the proposed penalties for violations are too lenient. Violations are punishable by a penalty ranging from Rs100,000 to Rs5 million, with continuing violations incurring an additional penalty of up to Rs1 crore, but no provision for imprisonment.
Despite the criticisms, the Bill has successfully passed in Lok Sabha, signaling potential changes in the management and utilization of India’s biological resources.
