Published in Dwarka Express on 5.8.23

The new Biological Diversity Amendment bill is now an Act, as the parliament passes the bill on July 25^th, 2023. The idea of the bill is to preserve the Biological Diversity and it comes as an amendment to the existing 2002 Act as claimed by the Minister of Environment.  The act inter alia decriminalizes certain offences against biological diversity, which is the bone of contention for environmentalists.

‘Ease of doing business’ is a buzz word in political circles nowadays. Under the garb of making quick clearances, One of the largest and richest diversities hotspots, India is being put to vulnerability, fumes the environmentalists.  The amendment is expected to exempt traditional medicine producers and AYUSH (Ayurveda, Yoga, Unani, Siddha and Homoeopathy) companies for using the codified traditional knowledge to a large extent according to the Ministry of Environment, Forests and Climate Change. This means that the Indian profit-making pharma companies dealing with Indian plants for medicines in (AYUSH) need not share the profit with the Government. Neither they need to seek approval from National Biodiversity Authority.

The minister claimed that that the bill was ‘significant’ in the light of the ongoing global climate crisis, desertification and loss of biological resources. Interestingly, all the three aspects are connected to conservation of natural resources. When the bill was introduced in 2021, experts and MPs wanted the bill to be moved to a joint parliamentary committee as the proposed amendments were favouring industry and were against the ideals of the global Convention on Biological Diversity (CBD)

In fact, the bill ‘simplifies’ the patent application process of the bio products. One cannot forget how India’s Basmati rice lost its patent right long back and how it is no more an Indian product. Like that, many of our biological products would have been stolen, had we not brought the patent right and established the original act in 2002. After 20 years, the Minister is of the opinion that the Act would impede the ease of doing business, if we don’t bring amendments. Environmentalists are not convinced and raised concerns that the local communities will be deprived of benefit sharing with the profit-making businesses in AYUSH segment.