The Union Environment Minister, Bhupendra Yadav, introduced amendments to the biological diversity Act 2002. These amendments led to controversy. The Member of the Rajya Sabha, Jairam Ramesh, chaired a parliamentary standing committee on Science, Technology, and Environment and wrote a letter. Keeping the controversy in mind, he wrote to the Speaker of the Lok Sabha, Om Birla, to refer this amendment Bill to a select committee.
Background to the Biological Diversity Act 2002
This amendment Bill was drafted in response to the complaints filed by traditional Indian medicine practitioners and researchers. The Biological Diversity Act 2022 was enacted to conserve biological diversity.
This Act was introduced to ensure fair and equitable sharing of the benefits of biological resources with indigenous and local communities. According to the bill, the main objectives were to widen the scope of levies access, benefit the local community, and conserve biological resources.
The head office of the National Biodiversity Act was established in Chennai. Any eminent person who possesses adequate knowledge gets selected as chairman. The central government will govern it. This act consists of 3 ex-officials, namely One from the Tribal Ministry and two others from the Ministry of Environment and Forest. Other seven ex-officials will be selected from different Ministries.
The National Biodiversity Act 2002
The national biodiversity act was launched in 2002. To give effect to the conservation of biological diversity, sustainable use, and fair and equitable sharing of benefits among the local community and conservation.
The National Biodiversity Act of 2002 was classified into three levels. This 3-tier set is at the national level, further divided into the National biodiversity authority and the National Biodiversity Fund. The last two were the state level, divided into a state biodiversity board and a state biodiversity fund, and the local level, which was also divided into a biodiversity management committee and a local biodiversity fund.
Features of the Biological Diversity Act:
- The regulation of access to the biodiversity resources of the nation.
- Conservation and sustainability of biological diversity
- Protection and preservation of the knowledge of local communities regarding biodiversity resources and practices
Offences
Any grievances regarding the determination of benefits sharing or orders of the national biodiversity authority or state biodiversity board shall be considered by the National Green Tribunal (NGT). Violation of rules will be regarded as a cognizable offence, and the criminal has to face non-bailable punishments.
Under the act, police can arrest a criminal before filing the FIR.
Amendments introduced
Specific rules regarding the Biological diversity act 2002 were introduced to fast-track research and patenting. Moreover, several policies to patent and empower the local communities so that they can utilize the resources well, especially in the medical field.
These amendments will attract more foreign investments in biological resources without compromising the National Interest. Not only this, but these amendments will also reduce the pressure on forests and proven beneficial for farmers as they can earn more money by cultivating medicinal plants.
AYUSH medical practitioners who had to seek permission from the state biodiversity board before using any resource will be exempted now. Farmers who cultivate medicinal plants for legal use will not be restricted or wait for approval.
