The Biological Diversity Act, 2002
The Biological Diversity Act, 2002
📘 Background and Purpose
India is one of the world’s megadiverse countries, rich in biological resources such as plants, animals, and microorganisms. These resources are often used in traditional medicine, agriculture, and industry.
However, concerns arose over biopiracy (unauthorized commercial use of biological resources), loss of biodiversity, and the need to conserve and sustainably use biological diversity.
To address these concerns and to fulfill the country's obligations under the Convention on Biological Diversity (CBD), 1992, India enacted the Biological Diversity Act, 2002.
🎯 Objectives of the Act
Conserve biological diversity.
Sustainable use of its components.
Fair and equitable sharing of benefits arising out of the use of biological resources and associated traditional knowledge.
Regulate access to biological resources and traditional knowledge.
Protect the rights of local communities and indigenous people over their knowledge and resources.
⚖️ Key Provisions of the Act
1. Regulation of Access to Biological Resources (Section 3 & 4)
Any person (including foreigners or foreign companies) who wants to access or obtain biological resources for research or commercial use must seek prior approval from the National Biodiversity Authority (NBA).
Indians also require approval if access is for commercial use.
Access for research or education may be exempted from approval but must be informed.
2. National Biodiversity Authority (NBA) – Section 8
NBA is a statutory body established to:
Regulate access to biological resources.
Ensure benefit-sharing with local communities.
Advise the government on biodiversity conservation.
Monitor the implementation of the Act.
It is headquartered in Chennai.
3. State Biodiversity Boards (SBBs) – Section 22
Every state government must establish an SBB to oversee biodiversity management at the state level.
They assist NBA and manage access requests within the state.
4. Biodiversity Management Committees (BMCs) – Section 41
Local bodies like Panchayats and Municipalities must form BMCs.
BMCs document local biodiversity, maintain registers of biological resources and traditional knowledge, and help with conservation.
5. Benefit Sharing – Section 21
When biological resources or knowledge is used commercially, benefits must be shared fairly and equitably with the local communities or resource providers.
NBA determines the benefit-sharing arrangements.
6. Traditional Knowledge Protection – Section 6 & 7
The Act protects traditional knowledge related to biodiversity.
Anyone wanting to access such knowledge for commercial use must get prior approval.
NBA can also prevent wrongful patents on Indian traditional knowledge.
7. Punishments and Penalties – Section 55 & 56
Penalties include:
Fine up to ₹1 lakh, and if the offense continues, an additional fine of ₹5,000 per day.
Imprisonment up to 5 years.
Offenders may also be blacklisted and barred from future access.
🏛️ Important Case Laws
1. Ricoh Company Ltd. Case (2007)
Ricoh, a Japanese company, accessed neem extract without NBA approval.
The NBA fined the company and mandated benefit-sharing.
The case underlined the Act’s role in regulating foreign access and ensuring benefit-sharing.
2. Council for Scientific and Industrial Research (CSIR) and Turmeric Patent Case
In the 1990s, a US company tried to patent the medicinal use of turmeric, a traditional Indian knowledge.
Indian activists challenged this, and the patent was revoked.
This case, while predating the Act, highlighted the need to protect traditional knowledge, later codified in the Act.
3. NBA vs. Genetic Engineering Companies
NBA has denied access to several foreign companies seeking biological materials for genetic engineering without proper approval.
Courts have supported NBA’s authority to regulate such access.
🌍 Significance of the Act
Helps prevent biopiracy by regulating access and protecting traditional knowledge.
Encourages conservation and sustainable use of biodiversity.
Empowers local communities and traditional knowledge holders with rights and benefits.
Promotes scientific research with ethical norms.
Aligns India’s laws with the Convention on Biological Diversity (CBD).
🧾 Summary Table
| Aspect | Description |
|---|---|
| Enacted | 2002 |
| Governing Authority | National Biodiversity Authority (NBA) |
| Purpose | Conservation, sustainable use, benefit-sharing |
| Access Control | Approval required for accessing biological resources |
| Traditional Knowledge | Protected and regulated |
| Penalties | Up to ₹1 lakh fine + imprisonment up to 5 years |
| Local Involvement | Biodiversity Management Committees (BMCs) |
🧑🌾 Examples of Protected Biodiversity Under the Act
Medicinal plants and herbs.
Agricultural varieties (local seeds, crops).
Forest biodiversity (trees, animals).
Microorganisms used in biotechnology.
Indigenous knowledge related to biodiversity.
Conclusion
The Biological Diversity Act, 2002 is a vital piece of legislation for protecting India’s rich biological heritage and traditional knowledge. It balances conservation goals with fair commercial use and empowers local communities to safeguard their resources and rights.
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