2021 Biodiversity Amendment Bill Clears Lok Sabha

The Biological Diversity (Amendment) Bill of 2021 made a significant impact when it sailed through the Lok Sabha on Tuesday, reshaping the biodiversity regulatory landscape in India. 

This bill is poised to streamline compliance for domestic companies within the framework of the existing Biological Diversity Act of 2002. Let’s delve into the key aspects of this landmark legislation and understand its implications.

A Streamlined Approach to Compliance

Initiated on December 16, 2021, the Biological Diversity (Amendment) Bill was placed under the scrutiny of the Parliamentary Standing Committee, chaired by Sanjay Jaiswal. 

The primary goal of the bill is to simplify compliance requirements for domestic corporate entities, making it easier for them to adhere to regulatory mandates.

Redefining Benefit-Sharing Obligations

One of the pivotal changes introduced by the bill revolves around benefit-sharing obligations. The bill proposes the exemption of codified traditional knowledge users and AYUSH practitioners from the responsibility of sharing benefits with local communities. 

Additionally, the bill strategically removes research and bio-survey activities from the scope of benefit-sharing requisites.

Evolving Framework for Benefit Sharing

Under the envisioned framework, benefit sharing now hinges upon agreements established between users and local management committees, with the latter being represented by the National Authority. 

This marks a departure from the previous approach and aims to foster a more cooperative and mutually beneficial relationship between stakeholders.

Transition from Criminalization to Monetary Penalties

A notable shift in enforcement dynamics is the bill’s decision to decriminalise all offences under its purview. Instead, a spectrum of monetary penalties will be imposed. 

This change not only reduces the adversarial nature of compliance but also encourages corrective action while minimising punitive consequences.

Contemplating Discretionary Powers

However, a point of contemplation arises from the bill’s provision to grant discretionary powers to government officials. This has sparked discussions about the appropriateness of such discretion and whether it could lead to inconsistencies in decision-making.

The Enigma of “Codified Traditional Knowledge”

Another contentious issue centres around the concept of “codified traditional knowledge.” The lack of a precise definition has raised concerns about potential expansive interpretations. 

This could result in the exemption of a wide array of local traditional knowledge from benefit-sharing obligations, impacting the preservation of indigenous wisdom.

Local Communities and Stakeholder Inclusion

Despite modernising certain components, structural revisions to the law have generated worries about excluding local communities from benefit-sharing processes. The arguments underline the significance of including stakeholders and protecting the interests of individuals who are strongly ingrained in traditional practices.

Summary

The Biological Diversity (Amendment) Bill of 2021 is a big step forward in revising India’s biodiversity rules. 

The bill tries to establish a compromise between modern business practices and the preservation of indigenous knowledge by simplifying compliance, clarifying benefit-sharing, and transferring enforcement methods. 

As the bill moves through the legislative process, stakeholders must work together to address these issues and ensure that biodiversity preservation stays at the forefront of regulatory efforts.