Biological Diversity Act 2002: Definition, Significant Features & UPSC Notes

The Biological Diversity Act was enacted in 2002 to fulfill India's obligations under the Convention on Biological Diversity. The main motive behind the enactment of the Biological Diversity Act 2002 was the conservation of biodiversity. It also ensured the sustainability of resources and equitable access to the benefits associated with the use of biological resources.

In this article, we shall discuss the Biological Diversity Act of 2002 in detail. It is important from the perspective of the UPSC IAS Examination. It falls under General Studies Paper 1 (Preliminary) and General Studies Paper 3 (Mains) under the Ecology and Environment section. For further information and an explanation of the topic, visit UPSC CSE Coaching here!

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The Biological Diversity Act, 2002 (BDA) is a legislation enacted by the Parliament of India. This is for the conservation of biological diversity and the sustainable use of its components. It also ensures fair sharing of the benefits arising out of the use of biological resources. The Act provides for the establishment of a National Biodiversity Authority (NBA) and State Biodiversity Boards (SBBs). The Act also provides for the establishment of Biodiversity Management Committees (BMCs) at the local level. The Act prohibits the transfer of biological resources and associated traditional knowledge to any foreign entity without prior approval of the NBA. 

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Background of the Biological Diversity Act, 2002

The Biological Diversity Act of 2002 was enacted to conserve India's rich biodiversity, ensure sustainable use of its components, and protect the rights of local communities.

• The Biological Diversity Act of 2002 was created to fulfill the objectives of the United Nations Convention on Biological Diversity (CBD) of 1992.
• The CBD recognizes the rights of countries to use their biological resources.
• Biodiversity refers to the variety of living organisms and ecosystems.
• Biological resources include plants, animals, microorganisms, and their genetic material.
• The Act aims to conserve biological resources and promote their sustainable use. It ensures fair and equitable sharing of benefits with local communities.

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Significant Features of the Biological Diversity Act 2002

The Biological Diversity Act of 2002 includes key features like conservation of biodiversity, fair benefit-sharing, regulation of access to biological resources, and establishment of national and local biodiversity authorities.

• Prior approval from the National Biodiversity Authority (NBA) is required to obtain any biological resource from India for research or commercial purposes. Transfer of research results related to Indian biological resources also requires approval.
• The Act establishes a three-tier structure to regulate access to biological resources:
  • National Biodiversity Authority (NBA): Responsible for overall regulation and supervision.
  • State Biodiversity Boards (SBBs): Manage biodiversity at the state level.
  • Biodiversity Management Committees (BMCs): Function at the local level.
• The NBA, SBBs, and BMCs receive special funds and a separate budget for research and conservation projects related to biological resources.
• The NBA supervises the use of biological resources and ensures their sustainable utilization. It also manages financial investments and their returns for the benefit of biodiversity conservation.
• The Central Government designates institutions as repositories for different categories of biological resources.
• The Central Government, in consultation with the NBA, identifies threatened species. It regulates their collection, rehabilitation, and conservation.
• Any grievances related to benefit-sharing or orders of the NBA or SBBs can be taken to the National Green Tribunal (NGT).
• The Act exempts Indian biological resources that are commonly traded as commodities.
• Traditional uses of Indian biological resources and associated knowledge are also exempted.
• Collaborative research projects between Indian and foreign institutions require approval and may be exempted.

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Penalties under the Biological Diversity Act 2002

The Act provides for a number of penalties for violations of its provisions. The following are some of the penalties that can be imposed for violations of the BDA:

• Imprisonment for a term of up to five years, or a fine of up to ten lakh rupees, or both.
• Imprisonment for a term of up to three years, or a fine of up to five lakh rupees, or both.
• Revocation of any approval or permission granted under the Act.
• Confiscation of any biological resource or related knowledge or information.
• Any other penalty that the Central Government may prescribe.

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Issues Related to the Biological Diversity Act 2002

The Biological Diversity Act of 2002 faces issues like weak enforcement, limited public awareness, bureaucratic delays, and concerns from local communities over benefit-sharing mechanisms. The weaknesses of the Biological Diversity Act 2022 are as follows:

• It exempts those plants that are registered under the Protection of Plant Varieties and Farmers' Rights (PVPFR) Act, 2001. This means that the provision of the Act would not be applicable to the plant varieties registered under the Act.
• It does not empower the citizens to approach the court directly. The same is restricted to an appeal against the order of the NBA or SSB.
• The Indian corporation is dealt with softly, requiring only prior intimation to the SSB for commercial use of the bioresources rather than permission from the NBA.
• It does not empower the local bodies to prevent misusing their resources. Also, the local communities are poorly represented in NBA and SSB.

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National Biodiversity Authority

The National Biodiversity Authority (NBA) was established under the Biological Diversity Act of 2002 to regulate access to biological resources and ensure equitable benefit-sharing.

• The National Biodiversity Authority (NBA) is a statutory body. It regulates the use of biological resources. It advises the state authorities on biological conservation.
• It falls under the Ministry of Environment, Forests, and Climate Change.
• It was set up in 2003 to implement the provisions of the Biological Diversity Act of 2002.
• The headquarters of the NBA is located in Chennai.

Objectives of the National Biodiversity Authority

The main objective of the National Biodiversity Authority is to conserve biodiversity, regulate its sustainable use, and ensure fair benefit-sharing.

• Regulates access to biological resources and related knowledge for research and commercial purposes.
• Facilitates the acquisition of Intellectual Property Rights. It helps transfer research results and access biological resources.
• Advises the state governments in identifying areas of importance for biodiversity.

Structure of the National Biodiversity Authority

The National Biodiversity Authority comprises a Chairperson, representatives from various ministries, and experts in biodiversity, ecology, and traditional knowledge. National Biodiversity Authority consists of:

• A Chairperson who is an eminent person with knowledge of biodiversity conservation.
• The Central Government appoints three ex-officio members. This includes one representative from each of the Ministries of Tribal Affairs and Environment and Forests. One will be the Additional Director General of Forests.
• The Central Government appoints seven ex-officio members. They represent different Ministries dealing with various sectors.
• The appointment of five non-official members. They may be scientists, industry representatives, and knowledge holders of biological resources.

Functions of the National Biodiversity Authority

The National Biodiversity Authority regulates access to biological resources, advises the government, and ensures fair benefit-sharing and biodiversity conservation. The functions of the NBA include:

• Regulating biodiversity-related activities and approving research, commercial ventures, and surveys.
• Advising the Indian government on matters of importance for biodiversity.
• Performing other necessary functions to implement the provisions of the Act.

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State Biodiversity Boards (SBBs)

SBBs are statutory authorities at the state level. Their main aim is to regulate approvals for the commercial use of biological resources. SBBs are created under Section 22 of the Biological Diversity Act 2002. They are set up in all 29 states of India. Union Territories are omitted, as the National Biodiversity Authority handles their functions.

Objectives of SBBs

• Advising the State Governments on the following:
  • biodiversity conservation, 
  • sustainable use of components, and 
  • Equitable sharing of benefits.
• Regulate approvals for commercial use and bio-utilization of biological resources by Indians.
• Perform other necessary functions as prescribed by the State Governments.

Structure of SBBs

It consists of the following members:

• A Chairperson appointed by the State Government. An expert with knowledge and experience in biodiversity conservation and equitable benefit sharing.
• Not more than five ex-officio members are appointed by the State Government. They represent relevant State Government departments.
• Not more than five experts in biodiversity conservation and sustainable use of biological resources are appointed.

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Biodiversity Management Committees (BMCs)

BMCs are local committees assisting the National and State Authority in conserving biodiversity. Every local body has to form a Biodiversity Management Committee within its jurisdiction. BMCs focus on preserving and documenting biological diversity. This includes domesticated flora, fauna, and breeds.

Functions of BMCs

• They maintain the People's Biodiversity Register (PBR). This records the diversity of species, including flora, fauna, crops, and livestock.
• BMCs ensure the conservation and sustainable use of biological resources.
• They raise awareness about biodiversity.
• BMCs also maintain heritage sites. This includes sacred groves, heritage trees, animals, microorganisms, and sacred water bodies.

Structure of BMCs

• The local body nominates the members of the committee. The chairperson is elected from among the members.

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Biodiversity Heritage Sites (BHS)

BHS are areas of biodiversity importance that are unique ecosystems with rich biodiversity. The State Governments declare them under Section 37 of the Biological Diversity Act, 2002.

• BHS can be any type of ecosystem, including forests, wetlands, grasslands, and deserts.
• BHS are important for the conservation of biodiversity. They provide habitat for a wide variety of plants and animals, many of which are rare or endangered.
• BHS also plays an important role in providing ecosystem services. This includes water purification, flood control, and carbon sequestration.

Here are some examples of BHS in India:

• Arittapatti Biodiversity Heritage Site, Tamil Nadu
• Majuli Biodiversity Heritage Site, Assam
• Nallur Tamarind Grove, Karnataka
• Sahyadri Biodiversity Heritage Sites, Maharashtra
• Eastern Ghats Biodiversity Heritage Sites, Andhra Pradesh
• Western Ghats Biodiversity Heritage Sites, Kerala

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Facts about Biological Diversity Act 2002 

Some important facts about the Biological Diversity Act 2002 are mentioned in the table below.

Way Forward

The Biological Diversity Act should be implemented in letter and spirit by raising awareness among the local communities and NGOs about the benefits of the implementation of the Act in letter and spirit. The local, regional, and national media can be tapped to raise awareness of these issues, stressing the gravity of the situation.

• Strengthen implementation at national and local levels through better coordination and monitoring.
• Enhance awareness among stakeholders, including local communities, industries, and researchers.
• Simplify approval processes to ensure ease of compliance without compromising biodiversity protection.
  Promote community participation by recognizing and rewarding traditional knowledge holders.
• Improve benefit-sharing mechanisms to ensure fair and equitable distribution of resources.
• Encourage capacity building for biodiversity boards and related institutions.
• Align the Act with global conventions like the Nagoya Protocol and Convention on Biological Diversity.

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Conclusion

The intrinsic value of biological diversity, as well as its ecological, genetic, social, economic, scientific, educational, cultural, recreational, and aesthetic values, must be appropriately managed for the welfare of humans in order to promote better, healthier, and more peaceful living on earth. The Biological Diversity Act is a milestone in balancing the debate on Environment and development. The enabling provisions under the Act have brought commendable benefits in ensuring the development of local communities through benefit sharing of the benefits associated with the use of resources.

We hope all your doubts regarding the Biological Diversity Act 2002 are addressed after going through this article. Testbook provides comprehensive notes for different competitive examinations. It has always assured the quality of its products, like content pages, live tests, GK and current affairs, mocks, and so on. Ace your UPSC preparation with the Testbook App!