Biological Diversity Act, 2002
Why in News?
The Biological Diversity Act, 2002 is in the news because the Ministry of Environment, Forest and Climate Change (MoEFCC) notified two key institutions as National Repositories on April 7, 2026, to strengthen the scientific conservation and systematic documentation of India’s biological resources.
About
- Surge in IPR Filings: The National Biodiversity Authority (NBA) reported a significant rise in biodiversity-linked Intellectual Property Rights (IPR) applications, receiving 1,077 applications between April 2025 and March 2026.
- Regulatory Reforms: These trends are attributed to the successful implementation of the Biological Diversity (Amendment) Act, 2023, which streamlined approval pathways and introduced the Certificate of Registration (CoR) for researchers.
- National Reports: In March 2026, India submitted its Seventh National Report to the Convention on Biological Diversity (CBD) and its first report on the implementation of the Nagoya Protocol.
Core Objectives
- Conservation: Protecting India's rich flora, fauna, and diverse ecosystems.
- Sustainable Use: Ensuring the use of biological components does not lead to long-term decline.
- Fair & Equitable Sharing: Guaranteeing that benefits from biological resources reach local communities and traditional knowledge holders.
Three-Tier Institutional Structure
- National Biodiversity Authority (NBA): Based in Chennai, it grants approvals for foreign access and IPR applications.
- State Biodiversity Boards (SBBs): Regulate access by Indian nationals for commercial purposes within states.
- Biodiversity Management Committees (BMCs): Local bodies that prepare People’s Biodiversity Registers (PBRs) to document local species and traditional knowledge.
Major Provisions & Restrictions
- Prior Approval: Non-Indians and foreign companies must get NBA approval before obtaining any biological resource for research or commercial use.
- IPR Controls: No person can apply for a patent based on Indian biological resources without prior NBA consent.
- Benefit Sharing: Mandates that a portion of the commercial profit from biological resources be shared with local communities.
- Strict Penalties: Violations were historically cognizable and non-bailable, carrying up to 5 years of imprisonment.
Recent Amendments (2023–2026)
- Decriminalisation: The 2023 Amendment replaced jail terms with heavy monetary penalties (₹1 lakh to ₹50 lakhs) to encourage compliance.
- AYUSH Exemption: Registered AYUSH practitioners and those using codified traditional knowledge are now exempt from giving prior intimation to SBBs for certain uses.
- Digital Integration: Introduction of DSI (Digital Sequence Information) into the benefit-sharing framework and electronic Certificates of Origin.
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