What’s the news?

• The Rajya Sabha MP has criticized the provisions of the Biological Diversity (Amendment) Bill, 2021 that is currently being reviewed by a Joint Parliamentary Committee (JPC).
• The law was introduced in Parliament on December 16 2021 by the Environment minister.

What do amendments in the bill deal with?

• The Biological Diversity Act, 2002 was framed to give effect to the United Nations Convention on Biological Diversity (CBD), 1992, that strives for sustainable, fair and equitable sharing of benefits arising out of the utilization of biological resources and associated traditional knowledge.
• It formulates a three-tier structure consisting of a National Biodiversity Authority (NBA) at the national level, State Biodiversity Boards (SBBs) at the State level and Biodiversity Management Committees (BMCs) at local body levels with primary responsibility to document local biodiversity and associated knowledge in the form of a People’s Biodiversity Register.
• The amended Bill was drafted in response to complaints by traditional Indian medicine practitioners, the seed sector, and industry and researchers that the Act imposed a heavy “compliance burden” and made it hard to conduct collaborative research and investments and simplify patent application processes.

Key Amendments 

• The Bill amends the Biological Diversity Act, 2002 to simplify compliance requirements for domestic companies.
• Users of codified traditional knowledge and AYUSH practitioners will be exempted from sharing benefits with local communities.
• The Bill removes research and bio-survey activities from the purview of benefit sharing requirements.
• Benefit sharing will be based on terms agreed between the user and the local management committee represented by the National Authority.
• The Bill decriminalizes all offenses under the Act.

Key Objections

• The Rajya Sabha MP contended that the Environment Ministry was drawing a distinction between a registered AYUSH practitioner and a company, and exempting the former from the Act.
• Multiple provisions of the Bill were aimed at diluting the authority of the National Biodiversity Authority (NBA), especially the clause appointing 16 ex-officio officers of the Centre.
• Another provision, that requires companies to seek the approval of the NBA only at the time of commercialisation, and not when applying for a patent, was of concern. 
• The Bill also decriminalized violations, such as bio-piracy and made them civil offences, and this defeated the Act’s “deterrent powers.

References:

1. https://www.thehindu.com/sci-tech/energy-and-environment/explained-holes-in-biodiversity-bill/article65442328.ece
2. https://prsindia.org/billtrack/the-biological-diversity-amendment-bill-2021