Indian Biological Diversity Act, 2002 and its salient features, access, and benefit sharing.
The Indian Biological Diversity Act, of 2002 is an act of the Indian parliament that aims to conserve biological diversity in India and to provide for the fair and equitable sharing of the benefits arising out of the use of biological resources. The act is administered by the National Biodiversity Authority (NBA) and the state biodiversity boards.
The act recognizes the sovereignty of India over its biological resources and lays down the legal framework for their conservation and sustainable use. It also provides for the establishment of a National Biodiversity Authority and State Biodiversity Boards to ensure the effective implementation of the act.
Some of the salient features of the Indian Biological Diversity Act, of 2002 include:
Recognition of the rights of local communities over their biological resources, including the right to access, collect, use, and conserve these resources.
The provision of access and benefit sharing (ABS) for the commercial use of biological resources and associated traditional knowledge. This includes the requirement for prior informed consent from the relevant local communities and the fair and equitable sharing of benefits arising from the use of these resources.
Prohibition of certain activities that are detrimental to biodiversity, such as the unauthorized collection, use, or trade of biological resources.
The establishment of a National Biodiversity Fund to finance biodiversity conservation and sustainable use activities.
The provision of penalties for non-compliance with the act, including fines and imprisonment.
Access and Benefit Sharing (ABS) is an important feature of the act. It ensures that any commercial use of biological resources or associated traditional knowledge must be done after obtaining prior informed consent of the local communities, with fair and equitable sharing of benefits arising out of such use. The act also establishes a National Biodiversity Fund (NBF) to finance biodiversity conservation and sustainable use activities. The NBA and State Biodiversity Boards are responsible for implementing ABS provisions.
Overall, the Indian Biological Diversity Act, of 2002 plays a crucial role in the conservation and sustainable use of India's biological diversity by recognizing the rights of local communities, promoting access and benefit sharing, and protecting the country's biological resources from unauthorized collection, use, or trade.