The Biological Diversity Act 2002 (BDA 2002) is a critical tool for India to ensure the conservation of biodiversity. It has played a pivotal role in ensuring the dual goal of protecting the country’s biodiversity and ensuring sustainable development. This article aims to study in detail the Biological Diversity Act 2002 (BDA 2002), its needs, key provisions, significance, challenges and other related aspects.
What is Biological Diversity Act 2002 (BDA 2002)?
- The Biological Diversity Act 2002 (BDA 2002) is an act of parliament aiming to protect India’s rich biodiversity and associated knowledge against their use by foreign individuals and organisations without sharing the benefits arising out of such use and to check bio-piracy.
- It primarily addresses issues of conservation, sustainable use of biological resources in the country, issues related to access to genetic resources and associated knowledge and fair and equitable sharing of benefits arising from the utilisation of biological resources to the country and its people.
- This Act aligns with India’s commitment to the UN Convention on Biological Diversity (UNCBD), which aims to protect the world’s biodiversity while promoting its sustainable use.
Objectives of Biological Diversity Act 2002 (BDA 2002)
There are three main objectives of the Biological Diversity Act 2002 (BDA 2002):
- Conservation of Biodiversity
- The primary objective of the Act is to conserve India’s rich biological diversity, including its flora, fauna, and ecosystems.
- This includes the protection of species, habitats, and genetic resources.
- Sustainable Use
- The Biological Diversity Act 2002 (BDA 2002) emphasises the sustainable use of biological resources.
- It aims to ensure that the exploitation of these resources does not compromise their availability for future generations.
- Equitable Sharing of Benefits
- It promotes the fair and equitable sharing of benefits derived from the use of biological resources and traditional knowledge with local communities and indigenous people who have traditionally conserved and used these resources.
Needs for Biological Diversity Act 2002 (BDA 2002)
- The Biological Diversity Act 2002 (BDA 2002) was enacted to fulfil the following requirements.
- Such an act is necessary to conserve and protect India’s rich biodiversity.
- India is one of the 17 mega biodiversity countries in the world.
- Despite occupying only 2.4% of the world’s land area, India is home to 7-8% of the globally recorded species.
- Over 81,000 species of animals and 46,000 species of plants have been recorded in the country so far by the Zoological Survey of India and the Botanical Survey of India, respectively.
Read our detailed article on India’s Biodiversity.
- India is a party to the United Nations Convention on Biological Diversity (UNCBD), signed in Rio de Janeiro in 1992.
- The passing of the Biological Diversity Act 2002 (BDA 2002) was necessary to fulfil India’s commitment to the UNCBD.
- India opened up its economy after the 1990s, and there was no law to protect it from bio-piracy by the developed nations.
Key Provisions of Biological Diversity Act 2002 (BDA 2002)
- Conservation of Biological Diversity: The Act emphasises the conservation of biodiversity at all levels, including genetic, species, and ecosystem diversity.
- It promotes in-situ and ex-situ conservation efforts for this purpose.
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- Sustainable Use: The Act recognises the importance of sustainable utilisation of biological resources.
- It encourages practices that balance the needs of the present with the rights of future generations.
- Benefit Sharing: A cornerstone of the Act is the equitable sharing of benefits arising from the use of biological resources.
- It ensures that local communities and indigenous people who have traditional knowledge related to biodiversity receive fair compensation.
- Setting Up of Authorities: The Act provides for setting up of the following three authorities:
- National Biodiversity Authority (NBA)
- State Biodiversity Boards (SBBs) and
- Biodiversity Management Committees (BMCs) in local bodies.
- Other Provisions: Some other important provisions of the Biological Diversity Act 2002 (BDA 2002) are as follows:
- The Act also provides that all the monetary fees, royalties, and benefits from biodiversity-related sources would be deposited in National Biodiversity Fund, which would in turn be used for the development and conservation of that local area.
- Under the Act, State Governments, in consultation with local self-Government, can notify a site as a National Heritage Sites which are important for biodiversity.
Authorities under Biological Diversity Act 2002
National Biodiversity Authority (NBA)
- The Act established the National Biodiversity Authority (NBA) as a regulatory body to oversee the implementation of the Act.
- The NBA plays a crucial role in granting approvals for accessing biological resources, promoting research, and facilitating benefit sharing.
- The act mandates that all foreign nationals or organisations must obtain prior approval from the NBA to obtain biological resources and associated knowledge for any use.
- Also, any Indian national would require NBA approval before providing results of research with respect to any biological resources to any foreign national/organization.
- While granting the approval, the NBA would ensure equitable sharing of benefits to locals.
- When applying for an IPR for an invention which is in turn based on information/research or biological resource obtained from India, the applicant would need prior approval of NBA.
- This provision serves to protect traditional knowledge.
State Biodiversity Boards (SBBs)
- The Act mandates the establishment of State Biodiversity Boards (SBBs) to ensure effective implementation of the Act at the state level.
- These boards work in coordination with the NBA to address regional biodiversity concerns.
Biodiversity Management Committees (BMCs)
- The Act establishes Biodiversity Management Committees (BMCs) at the local level to promote biodiversity conservation, sustainable use, and documentation.
- BMCs play a vital role in involving local communities in biodiversity management.
- The act provides that NBA and SBBs would consult the BMCs when it comes to taking decisions relating to use of biological resources or related knowledge within their jurisdiction.
Challenges of Biological Diversity Act 2002
- The act proposes to identify endangered species and biological resources, but in the absence of their conservation efforts, these identifications have actually contributed to further biodiversity loss.
- Also it leads to resentment in local people as they were the sole guardians of the identified resource.
- Also, in practice, the traditional knowledge has not been appreciated and relegated to secondary status whereby, decisions are taken by bureaucrats and scientists.
Conclusion
The Biological Diversity Act 2002 (BDA 2002) represents a critical step towards the conservation and sustainable use of India’s rich biodiversity. By focusing on the equitable sharing of benefits and the protection of traditional knowledge, the Act aims to balance ecological, economic, and social interests. Despite its achievements, ongoing efforts are required to address implementation challenges and ensure that the Act’s objectives are met effectively.
UN Convention on Biological Diversity (UNCBD)
- United Nations Convention on Biological Diversity (UNCBD) is an international treaty with an overall objective of developing strategies for the conservation and sustainable use of biological diversity.
- It was signed in Rio de Janeiro in 1992.
- The convention has three main goals:
- Conservation of biodiversity,
- Sustainable use of biodiversity, and
- Fair and equitable sharing of the benefits arising from the use of genetic resources.
