Lok Sabha Passes Biological Diversity (Amendment) Bill

The Lok Sabha on Tuesday passed the Biological Diversity (Amendment) Bill to amend Biological Diversity Act, 2002.The Act was enacted with the aim to conserve the biodiversity, promote the sustainable utilization of its elements, and ensure just and fair distribution of the advantages arising from the use of biological resources.The amendment intends to encourage the Indian system of medicine, facilitate fast-tracking of research, patent application process and decriminalises all the offences under the Act.It also seeks to bring more foreign investments in the chain of biological resources, including research, patent and commercial utilisation.Users of codified traditional knowledge and AYUSH practitioners will be exempted from sharing benefits with local communities.According to the PRS, the key issue it faces is that the Bill removes the direct role of local communities in determining benefit sharing provisions.Another concern is that 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. According to the Bill a person cannot share or transfer any result of the research on any biological resource occurring in, or obtained or accessed from, India or associated traditional knowledge, for monetary consideration or otherwise, to a person without the prior written approval of the National Biodiversity Authority, except the codified traditional knowledge which is only for Indians.The members of the National Biodiversity Authority are appointed by the Central government as per the Act.However, the requirement of taking prior permission is not applicable to publication of research papers if it is as per the Central government guidelines.It also inserts Section 36A, according to which the Central Government may authorise National Biodiversity Authority or any other organisation to take any measures necessary to monitor and regulate within the territory of India, the access and utilisation of biological resources obtained from a foreign country in order to meet the international obligations. Click Here To Read/Download Bill

Lok Sabha Passes Biological Diversity (Amendment) Bill

Aiman J. Chishti

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