Discuss the salient features of Biological Diversity Act, 2002.

by

Salient Features of the Biological Diversity Act, 2002

Introduction:

The Biological Diversity Act, 2002 (BDA), is a landmark legislation in India aimed at conserving biological diversity, sustainably using its components, and fairly sharing the benefits arising from the utilization of genetic resources. India, a mega-biodiverse country, faces significant challenges in protecting its rich flora and fauna. The Act, therefore, seeks to address these challenges through a comprehensive framework that involves various stakeholders, including local communities, researchers, and industries. The Convention on Biological Diversity (CBD), ratified by India in 1994, served as a crucial impetus for the enactment of this Act.

Body:

1. Conservation of Biological Diversity:

The BDA emphasizes the conservation of biological diversity at all levels – genetic, species, and ecosystem. It promotes in-situ conservation (conservation within the natural habitat) through the establishment and management of protected areas like national parks and sanctuaries. Ex-situ conservation (conservation outside the natural habitat), such as in botanical gardens and zoos, is also encouraged. The Act empowers the National Biodiversity Authority (NBA) to regulate access to biological resources and associated knowledge.

2. Sustainable Use of Biological Resources:

The Act promotes the sustainable use of biological resources, ensuring that their utilization does not compromise their long-term viability. It encourages the development of sustainable harvesting practices and the promotion of traditional knowledge related to the use of biological resources. This aspect aims to balance economic development with environmental protection.

3. Fair and Equitable Sharing of Benefits:

A crucial aspect of the BDA is the equitable sharing of benefits arising from the utilization of genetic resources. This addresses the historical injustice faced by local communities who possess traditional knowledge about biological resources but have not benefited adequately from their commercial exploitation. The Act mandates benefit-sharing mechanisms, ensuring that local communities receive a fair share of the profits derived from the use of their traditional knowledge and genetic resources. This involves obtaining prior informed consent (PIC) from communities before accessing their resources.

4. National Biodiversity Authority (NBA):

The NBA is a crucial institution established under the Act. It plays a central role in regulating access to biological resources, promoting research, and ensuring benefit-sharing. The NBA grants approvals for accessing biological resources and associated knowledge, monitors compliance with the Act, and advises the central government on biodiversity-related matters. Its role is critical in implementing the provisions of the BDA effectively.

5. State Biodiversity Boards (SBBs):

The Act also mandates the establishment of SBBs at the state level. These boards work in coordination with the NBA, focusing on the specific biodiversity concerns of their respective states. They play a vital role in implementing the Act at the grassroots level, involving local communities in conservation efforts and benefit-sharing mechanisms.

6. Access and Benefit-Sharing (ABS):

The ABS regime under the BDA is a complex but crucial mechanism. It requires obtaining PIC from local communities before accessing their genetic resources and traditional knowledge. This ensures that communities are not exploited and receive a fair share of the benefits derived from the commercialization of their resources. The NBA plays a key role in overseeing this process.

Conclusion:

The Biological Diversity Act, 2002, represents a significant step towards conserving India’s rich biodiversity and ensuring the equitable sharing of benefits arising from its utilization. The Act’s salient features, including the establishment of the NBA and SBBs, the emphasis on in-situ and ex-situ conservation, and the robust ABS mechanism, provide a comprehensive framework for biodiversity management. However, challenges remain in effectively implementing the Act, particularly in ensuring the participation of local communities and achieving equitable benefit-sharing. Strengthening the capacity of the NBA and SBBs, enhancing awareness among stakeholders, and streamlining the access and benefit-sharing processes are crucial for the successful implementation of the BDA. A holistic approach that integrates conservation efforts with sustainable development and community empowerment is essential to achieve the long-term goals of the Act and contribute to the preservation of India’s invaluable biodiversity for future generations. This will ultimately contribute to the overall sustainable development and uphold the constitutional mandate of protecting the environment.

[/lockercat]HPPCS Notes brings Prelims and Mains programs for HPPCS Prelims and HPPCS Mains Exam preparation. Various Programs initiated by HPPCS Notes are as follows:- For any doubt, Just leave us a Chat or Fill us a querry––