Biodiversity, or biological diversity, refers to the variety of life forms on Earth, including different plants, animals, and microorganisms, their genes, and the ecosystems they form.
It is the foundation of healthy ecosystems and essential for the survival of all life forms, including humans.
By Recognizing the need to conserve biodiversity, India enacted the Biological Diversity Act, of 2002.
This Act was introduced to promote the conservation of biological diversity, sustainable use of its components, and fair and equitable sharing of the benefits arising from the use of biological resources.
Also Read: Why Do We Need Legislation on Biodiversity?
Meaning of Biodiversity
Biodiversity represents the variety of living species, including plants, animals, bacteria, and fungi, present in the environment. It is crucial for ecosystem balance, climate regulation, and providing essential services like food, clean air, and water. Biodiversity also supports agriculture, medicine, and various industries.
Definition of Biodiversity
According to the Biological Diversity Act, of 2002, biodiversity or biological diversity is defined as the variability among living organisms from all sources, including terrestrial, marine, and other ecosystems.
This variability includes diversity within species, between species, and of ecosystems.
Also Read: Difference Between Biological Resources and Traditional Knowledge
Salient Features of the Biological Diversity Act, 2002
The Biological Diversity Act, of 2002 comprises various provisions and regulations designed to protect and promote the sustainable use of biological resources.
#1 National Biodiversity Authority (NBA)
The Act established the National Biodiversity Authority (NBA), a statutory body responsible for the conservation of biological resources, promoting sustainable use, and ensuring the fair and equitable sharing of benefits arising from their use.
The NBA also regulates access to biological resources and traditional knowledge to prevent the misappropriation of such resources and knowledge by foreign entities.
#2 State Biodiversity Boards (SBBs)
Each state in India is mandated to set up State Biodiversity Boards (SBBs). These boards are responsible for advising the state governments on matters related to biodiversity conservation and regulating access to biological resources at the state level.
SBBs play a key role in ensuring that local communities benefit from the use of biological resources in their regions.
#3 Biodiversity Management Committees (BMCs)
The Act encourages the formation of Biodiversity Management Committees (BMCs) at the local level.
These committees are responsible for documenting local biological resources and traditional knowledge.
Also Read: Functions of Biodiversity Management Committee
BMCs also help in the sustainable management of biological resources in local ecosystems, ensuring the involvement of communities in biodiversity conservation efforts.
#4 Regulation of Access to Biological Resources
The Act specifies that individuals and organizations, especially those from foreign countries, cannot access Indian biological resources or associated traditional knowledge without the prior approval of the NBA.
This ensures that local communities and stakeholders are compensated for the use of their resources and knowledge.
#5 Fair and Equitable Benefit Sharing
A key objective of the Act is to ensure that communities conserving biodiversity or contributing traditional knowledge are fairly compensated.
This is achieved through mechanisms such as joint ownership of intellectual property rights, technology transfer, and monetary or non-monetary compensation.
The NBA determines how the benefits arising from the use of biological resources will be shared, ensuring that the benefits are fairly distributed.
#6 Provisions for Intellectual Property Rights (IPR)
The Act mandates that individuals or organizations applying for intellectual property rights (IPR) on inventions based on biological resources or associated traditional knowledge from India must seek prior approval from the NBA.
This provision ensures that Indian biological resources are not misappropriated by foreign entities for commercial purposes without the approval and benefit-sharing agreement with the NBA.
#7 Conservation of Threatened Species and Heritage Sites
The Act grants the central government the power to notify any species that is on the verge of extinction or likely to become extinct shortly as a “threatened species.”
Such species are protected from exploitation, and efforts are made to rehabilitate and preserve them.
Additionally, areas of rich biodiversity are designated as Biodiversity Heritage Sites to conserve important ecosystems.
#8 Exemptions for Certain Activities
The Act provides exemptions for activities such as the use of codified traditional knowledge, cultivated medicinal plants, and local community practices.
Local communities, including vaids (traditional healers) and hakims (Unani practitioners), are exempted from seeking prior approval from the NBA for accessing biological resources for their livelihood and traditional practices.
#9 National and State Biodiversity Funds
To support biodiversity conservation efforts, the Act established the National Biodiversity Fund and State Biodiversity Funds.
These funds are used for activities such as conservation, socio-economic development of communities involved in biodiversity conservation, and research related to biological diversity.
#10 Role of the Central and State Governments
The central and state governments are tasked with the responsibility of formulating national and state-level strategies for the conservation, sustainable use, and promotion of biological diversity.
They are also responsible for the integration of biodiversity conservation into sectoral policies and plans and regulating activities that may pose a risk to biodiversity.
Verdict
The Biological Diversity Act, 2002 plays a crucial role in safeguarding India’s rich biodiversity while ensuring the sustainable use of biological resources.
It recognizes the importance of traditional knowledge and the need for fair and equitable benefit-sharing with local communities.
The establishment of the NBA, SBBs, and BMCs provides a comprehensive framework for managing and conserving biological resources at various levels.