Biodiversity Conservation

• India was one of the first few countries to have enacted such a comprehensive

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legislation on biodiversity.
• India enacted the Biological Diversity (BD) Act in 2002, and notified the Rules in

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2004.

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 Biodiversity Act 2002
Biological Diversity: means the variability among living organisms from all sources

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and the ecological complexes of which they are part and includes diversity within
species or between species and of eco-systems.

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 Biodiversity Act 2002
Biological Resources : means plants, animals and micro-organisms or parts thereof,

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their genetic material and by-products (excluding value added products) with
actual or potential use or value, but does not include human genetic material.

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Commercial Utilisation : means end uses of biological resources for commercial
utilisation such as drugs, industrial enzymes, food flavours, fragrance, cosmetics,
emulsifiers, oleoresins, colours, extracts and genes used for improving crops and
livestock through genetic intervention, but does not include conventional breeding

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or traditional practices in use in any agriculture, horticulture, poultry, dairy
farming, animal husbandry or bee keeping;
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 Biodiversity Act 2002
• Benefit Claimers: means the conservers of biological resources, their by-

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products, creators and holders of knowledge and information relating to the use
of such biological resources, innovations and practices associated with such use

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and application;

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 Biodiversity Act 2002
NBA Approval :

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A: Non Citizen B: NRI C: a body corporate, association or organisation— (i) not
incorporated or registered in India; or (ii) incorporated or registered in India under

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any law for the time being in force which has any non-Indian participation in its
share capital or management.
None of the above shall without previous approval of the NBA, obtain any
biological resource occurring in India or knowledge associated thereto for research

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or for commercial utilisation or for bio-survey and bio-utilisation.
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No person shall transfer the results of any research relating to any biological
resources occurring in, or obtained from, India for monetary consideration or
otherwise to above mentioned persons.
“transfer” does not include publication of research papers or dissemination of
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knowledge in any seminar or workshop, if such publication is as per the guidelines
issued by the Central Government.
 Exemptions
a. Exemption to local people and communities of the area for free access

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to use biological resources within India
b. Exemptions to growers and cultivators of biodiversity and to Vaids and

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Hakims to use biological resources.
c. Exemption through notification of normally traded commodities from
the purview of the Act only when used as commodity

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d. Exemption for collaborative research through government sponsored
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or government approved institutions subject to overall policy guidelines
and approval of the Central Government and conforms to the central
government guidelines.
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 Exemptions
a. Exemption to local people and communities of the area for free access

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to use biological resources within India
b. Exemptions to growers and cultivators of biodiversity and to Vaids and

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Hakims to use biological resources.
c. Exemption through notification of normally traded commodities from
the purview of the Act only when used as commodity

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d. Exemption for collaborative research through government sponsored
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or government approved institutions subject to overall policy guidelines
and approval of the Central Government and conforms to the central
government guidelines.
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 IPR Application not without NBA Approval
NO IPR application in or outside India for any invention based on any research or

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information on a biological resource obtained from India without obtaining the
previous approval of the NBA before making such application.

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If a person applies for a patent, permission of the NBA may be obtained after the
acceptance of the patent but before the sealing of the patent by the patent
authority concerned.
NBA shall dispose of the application for permission made to it within a period of

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ninety days from the date of receipt of application.
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NBA may impose benefit sharing fee or royalty or both or impose conditions
including the sharing of financial benefits arising out of the commercial utilisation
of such rights.
Above provisions not applicable to any person making an application for any right
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under any law relating to protection of plant varieties enacted by Parliament.
 Intimation to the State Biodiversity Board
No person, who is a citizen of India or a body corporate, association or organisation

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which is registered in India, shall obtain any biological resource for commercial
utilisation, or bio-survey and bio-utilisation for commercial utilisation except after

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giving prior intimation to the State Biodiversity Board concerned.
Above condition not for local people and communities of the area, including
growers and cultivators of biodiversity, and vaids and hakims, who have been
practicing indigenous medicine.

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 Three Tier Structure
1. National Biodiversity Authority (NBA)

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2. State Biodiversity Board (SBBs)
3. Biodiversity Management committees (BMCs)

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 National Biodiversity Authority (NBA)
• Established in 2003 by the Cent. Govt.

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• Headquarters in Chennai, Tamil Nadu
• A Statutory body

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• Performs facilitative, regulatory and advisory function for Government of India on
issue of Conservation, sustainable use of biological resource and fair equitable
sharing of benefits of use.

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• NBA advising the Central Government on matters relating to 3 objectives.
• NBA advices the State Government in the selection of areas of biodiversity
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importance to be notified as heritage sites and measures for the management of
such heritage sites.
• The National Biodiversity Authority may, on behalf of the Central Government,
take any measures necessary to oppose the grant of intellectual property rights in
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any country outside India on any biological resource obtained from India or
knowledge associated with such biological resource which is derived from India.
 National Biodiversity Authority (NBA)
• NBA may constitute a committee to deal with agro-biodiversity.

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• Agro-biodiversity means biological diversity of agriculture related species and
their wild relatives.

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 NBA to determine fair and equitable benefit sharing
In all or any of the following manner

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a) grant of joint ownership of intellectual property rights to the NBA, or where
benefit claimers are identified, to such benefit claimers;

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(b) transfer of technology;
(c) location of production, research and development units in such areas which will
facilitate better living standards to the benefit claimers;

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(d) association of Indian scientists, benefit claimers and the local people with
research and development
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(e) setting up of venture capital fund for aiding the cause of benefit claimers;
(f) payment of monetary compensation and other non-monetary benefits to the
benefit claimers as the National Biodiversity Authority may deem fit.
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 Appeal to National Green Tribunal
Any person aggrieved by any determination of benefit sharing or order of the NBA

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or a SBB under this Act may file an appeal to the National Green Tribunal.

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 STATE BIODIVERSITY BOARD
Constituted by State Government

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No SBB shall be constituted for a Union territory
For UT - NBA shall exercise the powers and perform the functions of a SBB (NBA

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may delegate all or any of its powers or functions to such person or group of
persons as the Central Government may specify.
Advise the State Government

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Regulates by granting of approvals or otherwise requests for commercial utilisation
or bio-survey and bio-utilisation of any biological resource by Indians.
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 BIODIVERSITY MANAGEMENT COMMITTEES
Every local body shall constitute a Biodiversity Management Committee within its

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area for the purpose of promoting conservation, sustainable use and
documentation of biological diversity including preservation of habitats,

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conservation of land races, folk varieties and cultivars, domesticated stocks and
breeds of animals and microorganisms and chronicling of knowledge relating to
biological diversity.
Cultivar - means a variety of plant that has originated and persisted under

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cultivation or was specifically bred for the purpose of cultivation;
folk variety - means a cultivated variety of plant that was developed, grown and
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exchanged informally among farmers;
Landrace - means primitive cultivar that was grown by ancient farmers and their
successors.
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 BIODIVERSITY MANAGEMENT COMMITTEES
NBA and the SBBs shall consult the Biodiversity Management Committees while

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taking any decision relating to the use of biological resources and knowledge
associated with such resources occurring within the territorial jurisdiction of the

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Biodiversity Management Committee.
BMCs may levy charges by way of collection fees from any person for accessing or
collecting any biological resource for commercial purposes from areas falling within
its territorial jurisdiction.

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 Three Funds
National Biodiversity Fund

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State Biodiversity Fund
Local Biodiversity Fund

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 Biodiversity Heritage Sites
Section 37 of Biological Diversity Act, 2002 people economically affected by such

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- the State Government in consultation notification.
with local bodies may notify in the The creation of BHS may not put any

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official gazette, areas of biodiversity restriction on the prevailing practices and
importance as Biodiversity Heritage Sites usages of the local communities, other than
(BHS). those voluntarily decided by them. The
purpose is to enhance the quality of life of

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- the State Government in consultation
with the Central Government may frame the local communities through this

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rules for the management and
conservation of BHS.
the State Governments shall frame
conservation measure. It helps in instilling
and nurturing conservation ethics in all
sections of the society. thereby putting an
schemes for compensating or end to over-exploitation of natural resources
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rehabilitating any person or section of and avoid environmental degradation.
 Biodiversity Heritage Sites
“Biodiversity Heritage Sites” (BHS) are keystone species,

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well defined areas that are unique, species of evolutionary significance,
ecologically fragile ecosystems - wild ancestors of domestic/ cultivated

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terrestrial, coastal and inland waters and, species or their varieties,
marine having rich biodiversity
past pre-eminence of biological
comprising of any one or more of the
components represented by fossil beds

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following components:
and having significant cultural, ethical or
richness of wild as well as domesticated aesthetic values and are important for

high endemism,
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species or intra-specific categories, the maintenance of cultural diversity,
with or without a long history of human
presence of rare and threatened species, association with them.
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 Biodiversity Heritage Sites
a. Areas that contain a mosaic of natural, semi-natural, and man made

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habitats, which together contain a significant diversity of life forms.

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b. Areas that contain significant domesticated biodiversity component
and /or representative agro-ecosystems with ongoing agricultural
practices that sustain this diversity.

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c. Areas that are significant from a biodiversity point of view as also are
important cultural spaces such as sacred groves/trees and sites, or

d.
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other large community conserved areas.
Areas including very small ones that offer refuge or corridors for
threatened and endemic fauna and flora, such as community
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conserved areas or urban greens and wetlands.
 Biodiversity Heritage Sites
e. All kinds of legal land uses whether government, community

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or private land could be considered under the above categories.

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f. As far as possible those sites may be considered which are not
covered under Protected Area network under the Wildlife
Protection Act 1972

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g. Areas that provide habitats, aquatic or terrestrial, for seasonal
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migrant species for feeding and breeding.
h. Areas that are maintained as preservation plots by the
research wing of Forest department.
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i. Medicinal Plant Conservation Areas.
 Duties of the central government
It shall develop national strategies, plans, programmes for the conservation and

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promotion and sustainable use of biological diversity including measures for
identification and monitoring of areas rich in biological resources, promotion of in

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situ, and ex situ conservation of biological resources, incentives for research,
training and public education to increase awareness with respect to biodiversity.
Where the Central Government has reason to believe that any area rich in
biological diversity, biological resources and their habitats is being threatened by

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overuse, abuse or neglect, it shall issue directives to the concerned State
Government to take immediate ameliorative measures, offering such State
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Government any technical and other assistance that is possible to be provided or
needed.
It shall, as far as practicable wherever it deems appropriate, integrate the
conservation, promotion and sustainable use of biological diversity into relevant
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sectoral or cross-sectoral plans, programmes and policies.
 Duties of the central government
It shall undertake measures for assessment of environmental impact of that project

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which is likely to have adverse effect on biological diversity, with a view to avoid or
minimise such effects and where appropriate provide for public participation in

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such assessment;
It shall undertake measures to regulate, manage or control the risks associated
with the use and release of living modified organisms resulting from biotechnology
likely to have adverse impact on the conservation and sustainable use of biological

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diversity and human health.
It shall endeavour to respect and protect the knowledge of local people relating to
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biological diversity
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 Powers of central government
to notify threatened species, in consultation with the concerned State Government

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to designate repositories, in consultation with NBA. The repositories shall keep in
safe custody the biological material.

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to exempt certain biological resources, in consultation with NBA
to make rules by notification in the Official Gazette

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 Misc.
The offences under this Act shall be cognizable and non-bailable

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The provisions of this Act shall be in addition to, and not in derogation of, the
provisions in any other law, for the time being in force, relating to forests or wildlife

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 The Biological Diversity (Amendment) Bill, 2021
Bill to simplify, streamline and reduce compliance burden in order to encourage

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conducive environment for collaborative research and investments, simplify patent
application process, widen the scope of levying access and benefit sharing with

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local communities and for further conservation of biological resources, without
compromising the objectives of United Nation Convention on Biological Diversity
and its Nagoya Protocol and also national interests.
The Bill seeks to : (i) encourage the Indian system of medicine and cultivation of

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wild medicinal plants, (ii) facilitate fast-tracking of processes for research, patent
application, and transfer of research results, (iii) decriminalise offences, and (iv)
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encourage foreign investment in the sector. The Bill also amends the Act to include
references to the Nagoya Protocol.
Bill gives exemptions for:(i) codified traditional knowledge, (ii) cultivated medicinal
plants and their products, (iii) AYUSH practitioners; limits the exception to vaids
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and hakims, and AYUSH practitioners to use for sustenance and livelihood
The Bill has been referred to the Joint Committee of both Houses of Parliament.
 The Biological Diversity (Amendment) Bill, 2021
Salient Features:

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• Users of codified traditional knowledge and AYUSH practitioners will be
exempted from sharing benefits with local communities.

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• Companies or Foreign entities may misuse the loophole of permissions given to
traditional medicine and use it for commercial purposes, without sharing of
benefits with the local community or benefit claimers.

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• The Bill removes research and bio-survey activities from the purview of benefit
sharing requirements.
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• Benefit sharing will be based on terms agreed between the user and the local
management committee represented by the National Biodiversity Authority.
• The Bill decriminalises all offences under the Act.
• It empowers a government officer to hold the inquiry and determine the penalty.
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Penalties may vary from 1 lakh to 1 crore.
 The Biological Diversity (Amendment) Bill, 2021
Apprehensions/Criticism:

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• Bill would shift focus from Biodiversity Conservation and Sustainable use to its
Commercial Exploitation

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• bill dilutes the role of BMCs and SBBs and goves primacy to the NBA.
• Bill dilutes the role of Benefit Claimers and Local community in determining fair
and equitable sharing principle. Bill suggest it be as mutually agreed between

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Applicant and BMCs represented by NBA.
• The term “Codified traditional knowledge” has not been defined in the bill.
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Having such situation may result in interpretation that may lead to exemption of
virtually all local traditional knowledge from benefit sharing requirements. CBD
and Nagoya and Cartagena protocols also do not define the above term.
• BD act 2002 and Rules 2004 requires BMCs to prepared PBR and as per WIPO it
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would be considered as Codified Traditional Knowledge, virtually may exempt all
from the coverage of Fair and Equitable Sharing.
 The Biological Diversity (Amendment) Bill, 2021
Bill doesn’t have any provision for obtaining prior informed consent of the local

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and indigenous communities. Such a situation would be in contrast with the
requirement under Nagoya Protocol. In Divya Pharmacy vs Union of India (2018),

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the Uttarakhand High Court had observed that under the Nagoya Protocol, the
concept of fair and equitable benefit sharing is focused on the benefits for local
and indigenous communities.

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 Misc.
The Convention on Biological Diversity (CBD) will hold its second part of the

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15th Conference of the Parties (COP 15) in Kunming, China in 2022 in which
delegates will come together to adopt a “Post-2020 Global Biodiversity

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Framework”. The vision for proposed framework is that “By 2050, biodiversity is
valued, conserved, restored and wisely used, maintaining ecosystem services,
sustaining a healthy planet and delivering benefits essential for all people. 2021 is
viewed as a decisive year on biodiversity action. India joined High Ambition

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Coalition for Nature and People which calls for protecting at least 30 percent of
world’s land and ocean by 2030 where India has already reported about 27% of
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area as conserved under Aichi Target 11 to CBD.
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