Introduction – Meaning, Background and Legislative Purpose
Biological diversity refers to the variety and variability of living organisms, including plants, animals, micro-organisms, and the ecosystems of which they form a part. India is one of the world’s mega-diverse countries, possessing a rich variety of flora and fauna along with extensive traditional knowledge associated with biological resources. Rapid industrialization, bioprospecting, habitat destruction, and commercial exploitation of genetic resources posed serious threats to biodiversity conservation and equitable benefit sharing. To address these concerns, Parliament enacted the Biological Diversity Act, 2002.
The Act was enacted to give effect to India’s obligations under the Convention on Biological Diversity (CBD), 1992, and aims to conserve biological diversity, ensure sustainable use of biological resources, and promote fair and equitable sharing of benefits arising out of the use of such resources.
Objectives and Scope of the Act
The primary objectives of the Biological Diversity Act, 2002 are threefold. First, it seeks to conserve India’s biological diversity by regulating access to biological resources. Second, it ensures sustainable use of these resources so that exploitation does not lead to ecological imbalance. Third, it mandates equitable benefit sharing with local communities and traditional knowledge holders.
The Act applies to biological resources occurring within India and to knowledge associated with such resources. It extends to all citizens, institutions, and foreign entities accessing biological resources for research, commercial utilisation, or bio-survey and bio-utilisation.
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Institutional Framework under the Act
The Act establishes a three-tier institutional structure for biodiversity governance. At the national level, the National Biodiversity Authority (NBA) is constituted under Section 8, with powers to regulate access by foreign individuals, companies, and non-resident Indians to biological resources and associated knowledge. The NBA also oversees benefit-sharing mechanisms and advises the Central Government on biodiversity conservation.
At the State level, State Biodiversity Boards (SBBs) are established under Section 22 to regulate access by Indian citizens and entities for commercial purposes. At the local level, Biodiversity Management Committees (BMCs) are constituted under Section 41 by local bodies to promote conservation and documentation of biodiversity, including preparation of People’s Biodiversity Registers (PBRs).
Access to Biological Resources and Benefit Sharing
One of the most significant features of the Act is the regulation of access to biological resources. Section 3 restricts access by foreign individuals, foreign companies, and non-resident Indians without prior approval of the NBA. Section 4 regulates the transfer of research results to foreign entities, while Section 6 requires prior approval for applying for intellectual property rights based on biological resources obtained from India.
The Act introduces the concept of Access and Benefit Sharing (ABS), ensuring that benefits arising from the use of biological resources and associated knowledge are shared equitably with local communities. Benefits may be monetary or non-monetary and are determined by the NBA or SBBs, as the case may be.
Conservation Measures and Biodiversity Heritage Sites
The Act empowers State Governments under Section 37 to notify Biodiversity Heritage Sites, which are ecologically fragile and significant areas requiring special conservation measures. These sites are protected through management plans developed in consultation with local communities.
The Act also promotes in-situ and ex-situ conservation, sustainable harvesting practices, and protection of traditional knowledge, thereby linking biodiversity conservation with community participation.
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Offences, Penalties and Enforcement
The Biological Diversity Act provides for penalties for contravention of its provisions under Sections 55 to 58. Offences include unauthorized access to biological resources, failure to share benefits, and violation of directions issued by the authorities. Initially, offences were punishable with imprisonment and fines, reflecting the seriousness of biodiversity violations.
Enforcement of the Act is strengthened through regulatory oversight by the NBA, SBBs, and judicial bodies such as the National Green Tribunal.
Judicial Interpretation and Landmark Case Laws
In Divya Pharmacy v. Union of India (2018), the Uttarakhand High Court upheld the authority of the State Biodiversity Board to levy benefit-sharing obligations on companies using biological resources for commercial purposes. The case reaffirmed that even Indian entities must comply with benefit-sharing provisions under the Act.
In Bayer Corporation v. Union of India, the courts examined the interaction between intellectual property rights and biodiversity protection, emphasizing compliance with biodiversity laws before granting patents. These cases highlight the judiciary’s role in enforcing equitable benefit sharing and conservation objectives.
Relationship with Constitutional and Environmental Law
The Biological Diversity Act, 2002 complements the constitutional mandate under Article 21, which includes the right to a healthy environment. It also supports Article 48A and Article 51A(g) by institutionalizing environmental protection and citizen participation.
The Act operates alongside other environmental laws such as the Environment (Protection) Act, 1986, the Forest (Conservation) Act, 1980, and the Wildlife (Protection) Act, 1972, forming an integrated legal framework for biodiversity conservation.
Recent Developments and Amendments
Recent policy discussions and legislative amendments have focused on simplifying compliance requirements while strengthening conservation and benefit-sharing mechanisms. Efforts have been made to promote research and innovation without compromising biodiversity protection, reflecting the evolving nature of biodiversity governance in India.
Mind Map – Text-Based Overview
Biological Diversity Act, 2002
│
├── Objectives – Conservation & Benefit Sharing
├── Legal Basis – CBD, 1992
├── Institutions – NBA, SBB, BMC
├── Key Provisions – Sections 3, 4, 6
├── Conservation – Heritage Sites
├── Penalties – Sections 55–58
└── Judicial Role – ABS Enforcement
Situation-Based Questions and Answers
If a foreign pharmaceutical company seeks to access Indian plant resources for research, it must obtain prior approval from the NBA under Section 3. If an Indian company uses traditional knowledge for commercial gain without sharing benefits, the SBB may impose benefit-sharing obligations. Violations may be challenged before the NGT or appropriate courts.
