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Biological Diversity Act 2002

Biodiversity Act, 2002: provisions, National Biodiversity Authority-structure and functions, Biodiversity Management Committees and their role

Biological Diversity Act 2002

  1. Biodiversity refers to the diversity of life on Earth. India is one of the world’s 12 most varied nations. India, with just 2.5 % of the world’s geographical area, currently accounts for 7.8 % of all species documented. India is also endowed with a wealth of traditional and indigenous knowledge, both codified and uncodified.
    1. India is a signatory to the 1992 Convention on Biological Diversity (CBD), which acknowledges nations’ national sovereignty to exploit their own biodiversity. To assist in achieving the CBD’s goals, India passed the Biological Diversity Act 2002, which aims to conserve marine biodiversity and related knowledge while also providing access to them in a healthy and a fair way.
    2. The legislation sets a framework for distributing advantages gained from the use of traditional biological resources and knowledge in an equitable manner.
    3. The Act primarily addresses:
      1. Development and sustainable use of natural resources in the nation are major concerns.
      2. Accessibility to biological resources and associated information, as well as the equitable distribution of benefits derived from living resource utilisation to the nation and its people
    4. This legislation establishes the Environment Management Committee, the National Biodiversity Authority (NBA), the National and State Biodiversity Funds, the State Ecology Committees, and various other governmental entities.
  1. Exemptions are provided for under the statute, including the following:
  2. Local individuals and groups in the region are granted unrestricted access to biological resources inside India.
  3. Exemptions from the use of biological resources for biodiversity farmers and cultivators, as well as for Vaids and Hakims.
      1. Relief from the Act by notice of ordinarily traded commodities when used as services.
      2.  Exemption for joint research conducted via state or treasury organisations that adheres to the central government’s general policy and authorization and complies with the central government’s rules.

National Biodiversity Authority (NBA)

  1. The Federal Government formed the National Biodiversity Authority (NBA) in 2003 to administer India’s Phenotypic Variation Act (2002).
  2. The National Biodiversity Authority is an Act of parliament Body charged with facilitating, regulating, and advising the Central government on matters relating to preservation, viable use of biological resources, and efficient and reasonable advantages resulting from such use.
  3. Functions of the NBA is a legislative body charged with facilitating, regulating, and advising the Government of India on matters relating to conservation. Functions of the NBA include ensuring sustainable use of natural resources and a fair and equitable distribution of benefits resulting from such usage.
  4. The National Biodiversity Authority, headquartered in Chennai, Tamil Nadu, India, carries out its purpose via a system that includes an Authority, a Secretary, SBBs, BMCs, and Advisory Panels..
  5. The Biological Diversity Act (2002) establishes a decentralised system for implementing the Act’s regulations, with the National Biodiversity Authority instructing the Competent Authorities on matters relating to nature conservation, self-sustaining use of its components, and associated with implementing of benefits arising from the utilisation of biological resources and instructing state governments on the designation of areas of biosphere significance to be alerted under Subsection
  6. All foreign nationals must first seek National Biodiversity Authority authorisation before acquiring organisms from India.
  7. To acquire biological resources from India, all foreign nationals must first obtain National Biodiversity Authority approval.
  8. Before sending information, research, or material to outsiders, all Indian participants must get National Biodiversity Authority clearance.
  9. State Biodiversity Boards (SBBs) advise State Legislatures, subject to any recommendations issued by the Ministry, on matters relating to biodiversity conservation, responsible use of its elements, and equitable sharing of benefits arising from the use of biological resources (BHS). 
  10. Biodiversity Heritage Sites (BHS) are quite well, ecologically sensitive environments – coastal, terrestrial, and inland waterways, as well as marine – that support a high level of biodiversity, comprising characteristics such as strong endemism, a variety of wild and domesticated creatures, and so on.

Structure of the NBA

The act envisioned a three-tiered system for regulating biological resource access:

  1. The National Biodiversity Authority is in charge of preserving biodiversity in the United States (NBA)
  2. The Biodiversity Boards of State (SBBs)
  3. The Biodiversity Management Committees (BMCs) are groups of people who work together to manage biodiversity (at the local level)
  4. The Act establishes special funds and a separate budget for these bodies to carry out any research project involving the country’s biological natural resources.
  5. It will oversee any use of biological resources and ensure that they are used sustainably, as well as keep track of financial investments and returns, and dispose of those funds correctly.

Biodiversity Management committees

  1. According to the Act, local governments establish the BMC in their jurisdiction in accordance with Section 41 for the purpose of promoting biological diversity conservation, sustainable use, and documentation, including habitat preservation, landraces, folk varieties and cultivars, domesticated stocks and breeds of animals, microorganisms, and the documentation of biological diversity knowledge.
  2. The BMC is made up of a Chairperson and six members nominated by local authorities, with a third of the members being women and 18 percent being SC/ST.
  1. Biodiversity Management committees have been tasked with the responsibility of developing a People’s Biodiversity Register in collaboration with local residents. Biodiversity Management committees registry would include data on local ecological huge collections.
  2. Biodiversity Management Committees are to be constituted at the municipal level according to Section 41 of the Law. Biodiversity Management Committees are critical for documenting biodiversity, ensuring its appropriate use, and resolving Access and Benefit Sharing (ABS) concerns.

The functions of BMCs are as under:

  1. BMCs’ responsibilities include preparing, maintaining, and validating the People’s Biodiversity Register (PBR) in conjunction with local residents. The BMC is required to keep a Register of biological resources and traditional knowledge within its jurisdiction.
  2. Advice on any item brought to it by the State Biodiversity Board or Authority for approval, and to keep statistics on local vaids and practitioners who use biological resources.