Advancing Biodiversity Conservation: The Implications of India’s Biological Diversity (Amendment) Bill, 2023

The Rajya Sabha recently approved the Biological Diversity (Amendment) Bill, 2023, which had already received clearance from the Lok Sabha on July 25. This bill represents a significant milestone in India’s approach to biodiversity conservation and utilization. Initially enacted in 2002, the Biological Diversity Act aimed to safeguard the country’s diverse biological resources, promote sustainability, and ensure equitable distribution of benefits.

The proposed amendment aims to reinforce these objectives while also addressing vital issues related to traditional Indian medicine, research facilitation, patent applications, and the decriminalization of offenses under the Act. In this context, we explore the key provisions and potential implications of the amendment, shedding light on its impact on India’s biodiversity and the protection of indigenous knowledge and resources.

Under the new amendment, there will be changes in the requirements for commercial use of biological resources. AYUSH registered practitioners, local communities, and individuals engaged in biodiversity cultivation will no longer need to inform State biodiversity boards before using biological resources for commercial purposes.

Furthermore, the amendment modifies the process of seeking Intellectual Property Rights (IPR) involving biological resources from India. Instead of obtaining approval from the National Biodiversity Authority (NBA) before the IPR’s actual grant, the approval will now be required before submitting the IPR application.

In terms of penalties, the Bill reduces the punishment for offenses related to failure to obtain approvals from authorities for various activities. The new penalties range from Rs. 1 lakh to Rs. 50 lakh. However, if the damage caused exceeds this amount, the offender will be liable for a penalty commensurate with the severity of the offense, not exceeding Rs. 1 Crore. Additionally, persistent failure or contravention may lead to additional penalties.

One aspect of the amendment that requires clarification is the exemption of users of “codified traditional knowledge” from the obligation to share benefits with local communities, as the term remains undefined, creating ambiguity in its interpretation.

As India aims to protect its unique biodiversity and promote sustainable development, the success of the Biological Diversity (Amendment) Bill will largely depend on responsible practices, continued engagement with stakeholders, and finding the right balance between progress and conservation. By doing so, India can become a global leader in biodiversity protection and sustainable resource management, serving as an example for other nations to follow.

By: Suman Roy, B.A.LLB 4th Year from University of Calcutta- LJD Law College

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