In a significant development, the Lok Sabha has passed the Biological Diversity (Amendment) Bill, 2021, with the aim of amending the existing Biological Diversity Act of 2002. The Bill, which was introduced in the Lok Sabha on December 16, 2021, had been referred to a Parliamentary Standing Committee headed by Sanjay Jaiswal for examination, before finally being approved.
The primary objective of the Bill is to simplify compliance requirements for domestic companies, while also addressing issues related to benefit-sharing and penalties. However, its provisions have sparked controversy and raised concerns among various stakeholders.
One of the key aspects of the Bill is the proposal to exempt users of codified traditional knowledge and AYUSH practitioners from sharing benefits with local communities. This exemption has raised questions about the potential implications on traditional knowledge holders and local communities who have been custodians of invaluable traditional knowledge for generations.
Critics argue that the term “codified traditional knowledge” remains undefined, leading to fears that a broad interpretation may exempt all local traditional knowledge from benefit-sharing requirements. This could potentially marginalize local communities and negate the long-standing practice of acknowledging and compensating traditional knowledge holders for their contributions.
Furthermore, the Bill removes research and bio-survey activities from the purview of benefit-sharing requirements, allowing benefit-sharing terms to be determined solely by agreements between the user and the local management committee represented by the National Authority. This has been viewed by some as a move that diminishes the direct involvement of local communities in deciding benefit-sharing provisions, raising concerns about their rights and interests.
Another significant change brought about by the Bill is the decriminalization of all offenses under the Act. Instead, a wide range of monetary penalties will be imposed, and government officials will be empowered to hold inquiries and determine penalties. However, critics question the wisdom of granting such discretion to government officials, as it may lead to potential misuse and lack of transparency in the process.
While the Bill seeks to simplify compliance for domestic companies and provides certain benefits to users of traditional knowledge, it is essential to balance these objectives with the preservation of traditional knowledge, the rights of local communities, and the overall conservation of biological diversity.
Environmentalists and experts have called for a more comprehensive and inclusive approach, with clear definitions of terms, involvement of local communities in decision-making processes, and safeguards to ensure the protection of traditional knowledge and the equitable sharing of benefits.
The Bill will now proceed to the Rajya Sabha for further deliberation and approval. As it enters the upper house, stakeholders and policymakers are urged to engage in thoughtful discussions to address the concerns and ensure that the legislation strikes a balance between promoting business interests and safeguarding India’s rich biological heritage.
