Daily Current Affairs : 26-July-2023
The Lok Sabha’s recent passage of the Biological Diversity (Amendment) Bill, 2021 has garnered attention and discussions surrounding its objectives and provisions. The bill seeks to amend the existing Biological Diversity Act, 2002, with the aim of benefiting tribes, vulnerable communities, and traditional Indian medicine practitioners. It also aims to encourage the cultivation of medicinal plants and facilitate research while streamlining the patent application process. However, concerns have been raised by environmental organizations and experts about potential abuses and “bio piracy” due to certain provisions.
Objectives of the Bill
The key objectives of the Biological Diversity (Amendment) Bill, 2021 are as follows:
- Ensuring Benefit to Tribes and Vulnerable Communities
The bill intends to ensure that tribes and vulnerable communities benefit from the proceeds of medicinal forest products. By doing so, it aims to address issues of socio-economic disparity and uplift the livelihoods of these marginalized groups.
- Promoting Ayurveda and Ease of Doing Business
One of the important aspects of the bill is the decriminalization of certain activities, which encourages Ayurveda and other traditional Indian medicine practices. The previous Act was criticized for imposing a heavy compliance burden on practitioners, the seed sector, industry, and researchers. The amendments aim to address these concerns and promote ease of doing business.
Provisions under the Bill
The Biological Diversity (Amendment) Bill, 2021 introduces several provisions to achieve its objectives:
- Cultivation of Medicinal Plants
To reduce the pressure on wild medicinal plants, the bill encourages the cultivation of medicinal plants. This measure aims to promote sustainable practices while safeguarding the availability of essential medicinal resources.
- Regulating Access to Biological Resources and Knowledge
The bill focuses on regulating access to biological resources and knowledge. It aims to define who can access these resources and how such access will be monitored to prevent any misuse or “bio piracy.”
- Exemption for Ayush Practitioners
Ayush practitioners, who are experts in traditional Indian medicine, are exempted from intimidating biodiversity boards when accessing biological resources or knowledge. This provision aims to support the practitioners and promote the use of traditional medicine practices.
- Facilitating Research and Patent Application
The bill aims to fast-track research efforts related to biodiversity. It also simplifies the patent application process, which encourages innovation and the protection of traditional knowledge.
- Reclassifying Offences
Currently, violations of the law related to access to biological resources and benefit-sharing are treated as criminal offences. The bill proposes to reclassify these offences as civil offences, resulting in monetary penalties instead of criminal charges.
- Attracting Foreign Investments
To promote research, patenting, and commercial utilization of biological resources, the bill seeks to attract more foreign investments. However, it emphasizes the importance of safeguarding national interests in the process.
Concerns Raised about the Bill
While the Biological Diversity (Amendment) Bill, 2021 has its objectives and provisions, some concerns have been raised by environmental organizations and experts:
- Bias towards Ayush Firms
Environmental organizations such as Legal Initiative for Forests and Environment (LIFE) have expressed concerns that the amendments were made to solely benefit Ayush firms. This has raised questions about whether the bill is primarily aimed at favoring specific interests over broader biodiversity conservation.
- Potential for “Bio Piracy”
The bill’s provisions, especially the decriminalization of certain offences, have raised concerns about potential abuses and “bio piracy.” Some fear that loopholes in the law may allow unauthorized access to biological resources and traditional knowledge, leading to exploitative practices.
- Lack of Data Transparency
An analysis by the CSE (Centre for Science and Environment) and Down To Earth magazine has highlighted serious shortcomings in the bill, particularly regarding the lack of data on the money received from companies and traders for access and benefit-sharing from the use of traditional knowledge and resources. The absence of transparent data raises questions about accountability and fair benefit-sharing mechanisms.
Important Points:
Objectives of the Bill:
- Ensure tribes and vulnerable communities benefit from medicinal forest products
- Encourage Ayurveda and ease of doing business by decriminalizing certain activities
- Address complaints of a heavy “compliance burden” on traditional Indian medicine practitioners, seed sector, industry, and researchers
Provisions under the Bill:
- Promote cultivation of medicinal plants to reduce pressure on wild medicinal plants
- Regulate access to biological resources and knowledge
- Exempt Ayush practitioners from intimidating biodiversity boards for accessing resources or knowledge
- Facilitate fast-tracking of research and simplify the patent application process
- Reclassify violations related to access and benefit-sharing as civil offences with monetary penalties
- Attract foreign investments in biological resources, research, patents, and commercial utilization
Concerns raised about the Bill:
- Environmental organizations believe amendments were made to solely benefit Ayush firms
- Concerns about potential “bio piracy” due to decriminalization of certain offences
- Exemptions in the law could lead to its abuse
- Lack of data transparency on money received from companies for access and benefit-sharing from traditional knowledge and resources
Why In News
The Lok Sabha recently passed the Biological Diversity (Amendment) Bill, 2021, a landmark legislation designed to strengthen and enhance India’s conservation efforts for its rich biological heritage. By amending the Biological Diversity Act, 2002, the new bill seeks to address emerging environmental challenges and promote sustainable practices to safeguard the nation’s diverse ecosystems for future generations.
MCQs about Biological Diversity (Amendment) Bill, 2021
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What is the primary objective of the Biological Diversity (Amendment) Bill, 2021?
A. To promote Ayush firms and traditional medicine practices.
B. To encourage the cultivation of medicinal plants and benefit tribes.
C. To criminalize certain activities related to biodiversity.
D. To attract foreign investments for commercial utilization of resources.
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Which provision of the bill facilitates fast-tracking of research and simplifies the patent application process?
A. Cultivation of Medicinal Plants
B. Exemption for Ayush Practitioners
C. Regulating Access to Biological Resources and Knowledge
D. Reclassifying Offences
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What concern has been raised by environmental organizations about the Biological Diversity (Amendment) Bill, 2021?
A. Lack of data transparency in the research process.
B. Potential for “bio piracy” due to decriminalization of offences.
C. Bias towards foreign investors over national interests.
D. Favoring Ayush firms at the expense of biodiversity conservation.
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What does the bill aim to achieve by exempting Ayush practitioners from intimidating biodiversity boards?
A. Encourage Ayurveda and traditional medicine practices.
B. Promote ease of doing business for all sectors.
C. Improve the compliance burden for industry and researchers.
D. Facilitate foreign investments in research and patents.
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