Source: Ministry of Environment, Forests and Climate Change, GOI
Highlights of the Bill
The Bill amends the Biological Diversity Act, 2002 to simplify compliance requirements for domestic companies.
Users of codified traditional knowledge and AYUSH practitioners will be exempted from sharing benefits with local communities.
The Bill removes research and bio-survey activities from the purview of benefit sharing requirements.
Benefit sharing will be based on terms agreed between the user and the local management committee represented by the National Authority.
The Bill decriminalises all offences under the Act.
Key Issues and Analysis
The term codified traditional knowledge has not been defined. A broad interpretation might exempt all local traditional knowledge from benefit sharing requirements.
The Bill removes the direct role of local communities in determining benefit sharing provisions.
The Bill decriminalises offences under the Act and instead provides for a wide range of penalties. Further, the Bill empowers government officials to hold inquiries and determine penalties. It may be questioned whether it is appropriate to confer such discretion to government officials.
