SEYON STUDY CIRCLE TNPSC GROUP I MAINS
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SEYON STUDY CIRCLE TNPSC GROUP I MAINS
Biological Diversity (Amendment) Bill, 2023
Introduction
• Passed by both Houses of Parliament in July 2023.
• Amends the Biological Diversity Act, 2002.
Background
• Initial Introduction:
o Introduced in December 2021 in the Lok Sabha as the Biological Diversity
(Amendment) Bill, 2021.
• Objective:
o Modify the 2002 Act to align with contemporary requirements and
advancements.
o Foster sustainable biodiversity conservation and utilization in India.
Significance
• Addresses emerging challenges in biodiversity management.
• Promotes a balance between conservation efforts and sustainable use of biological
resources.
Comparison: Biological Diversity Act, 2002 vs. 2023 Amendments
Aspect Biological Diversity Act, 2002 2023 Amendments
Access to - Requires prior approval or - Reclassifies entities and activities
Biological intimation to regulatory authority for that require intimation.
Resources accessing biological resources.
- Introduces exemptions for specific
cases.
Intellectual - NBA approval required before - Approval required before the
Property Rights applying for IPR related to grant of IPR, not during the
(IPR) biological resources from India. application process.
Exemptions for - No specific exemptions. - Exempts registered AYUSH
AYUSH practitioners and users of codified
Practitioners traditional knowledge from
intimation to State Biodiversity
Boards.
Benefit Sharing - Mandatory sharing of monetary - Exempts research, bio-survey, and
and non-monetary benefits with bio-utilization from the benefit-
those conserving biodiversity and sharing requirement.
holding traditional knowledge.
Criminal - Imposes criminal penalties, - Decriminalizes offenses.
Penalties including imprisonment, for non-
compliance.
- Introduces fines ranging from ₹1
lakh to ₹50 lakh instead.
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SEYON STUDY CIRCLE TNPSC GROUP I MAINS
Concerns Related to the Biological Diversity (Amendment) Bill, 2021
1. Favoring Industry over Conservation
o Critics believe the Bill prioritizes industry interests over biodiversity conservation.
o Weakens benefit-sharing and community involvement.
2. Decriminalization of Violations
o Proposes removing criminal penalties for non-compliance.
o Weakens enforcement mechanisms.
3. Exemption for Domestic Companies
o Only foreign-controlled companies will require approval.
o Raises concerns about exploitation by domestic companies with foreign
shareholding.
4. Limited Benefit Sharing
o Exempts users relying on codified traditional knowledge (e.g., AYUSH practitioners)
from sharing benefits.
o Risks exploitation by profit-driven companies.
5. Ignoring Conservation Issues
o Bill overlooks challenges in biodiversity conservation.
o Prioritizes business interests over ecological concerns.
Advantages of the Amendments
1. Facilitates Business & Economic Growth
o Simplifies access to biological resources, reducing delays.
2. Supports AYUSH & Traditional Medicine Practices
o Encourages traditional medicinal knowledge and its sustainable use.
3. Streamlined IPR Approval
o Shifts approval to the grant stage rather than the application stage.
4. Encourages Research & Innovation
o Reduces procedural hurdles for research on biological resources.
5. Reduces Compliance Burden
o Makes it easier for industries and organizations to engage with resources.
Way Forward
• Balance economic growth with biodiversity conservation.
• Prioritize inclusive consultations with local communities, conservationists, scientists, and
industries.
• Ensure amendments align with conservation objectives while addressing socio-economic
challenges.
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