Biological Diversity Act

Background and evolution

The Convention on Biological Diversity, opened at the Rio Earth Summit in 1992, recognised that states have sovereign rights over their biological resources and that benefits from their use should be shared fairly. India, one of the world's megadiverse countries, ratified it in 1994. At the same time, cases of "biopiracy"—such as foreign patents on turmeric's wound-healing use, neem-based pesticides and a basmati rice variety—showed how traditional knowledge could be appropriated without benefit to its holders.

Parliament passed the Biological Diversity Act in 2002, and the National Biodiversity Authority (NBA) was set up in 2003 at Chennai. The Act aims to conserve biodiversity, promote sustainable use, and ensure fair and equitable sharing of benefits arising from the use of biological resources and associated knowledge.

Key features and provisions

• Three tiers: the NBA at the national level; State Biodiversity Boards (SBBs) in states; and Biodiversity Management Committees (BMCs) in every local body.
• Access rules: foreign individuals and entities need the NBA's approval to obtain biological resources or knowledge for research or commercial use; Indian entities must give prior intimation to the SBB for commercial use.
• Intellectual property: anyone seeking a patent or other IPR based on research on Indian biological resources needs NBA approval.
• Benefit sharing: the NBA can impose conditions, such as payments or technology transfer, to share benefits with local communities and knowledge holders.
• People's Biodiversity Registers: BMCs document local biodiversity and traditional knowledge.
• Biodiversity Heritage Sites: state governments can notify areas of biodiversity importance in consultation with local bodies; the first was the Nallur Tamarind Grove in Karnataka (2007).