BIOLOGICAL DIVERSITY BILL 2021 (Syllabus: GS Paper 3 - Env & Eco)

Context: The Lok Sabha passed the Biological Diversity (Amendment) Bill, 2021 which aims to amend the Biological Diversity Act, 2002.

Highlights of the Bill

• 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 decriminalises all offences under the Act.

Key Issues and Analysis

• The term codified traditional knowledge has not been defined.  
• A broad interpretation might exempt all local traditional knowledge from benefit sharing requirements.
• The Bill removes the direct role of local communities in determining benefit sharing provisions.
• The Bill decriminalises offences under the Act and instead provides for a wide range of penalties.  
• Further, the Bill empowers government officials to hold inquiries and determine penalties.
• It may be questioned whether it is appropriate to confer such discretion to government officials.