The Lok Sabha on Tuesday passed the Biological Diversity (Amendment) Bill, 2021 to amend Biological Diversity Act of 2002..The Bill was introduced in the Lok Sabha on December 16, 2021, before being referred to a Parliamentary Standing Committee headed by Sanjay Jaiswal for examination..The Bill amends Biological Diversity Act, 2002 with an aim to simplify compliance requirements for domestic companies.It proposes to exempt users of codified traditional knowledge and AYUSH practitioners from sharing benefits with local communities.The Bill also 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.Pertinently, the Bill decriminalises all offences under the Act and instead provides for a wide range of monetary penalties. Further, the Bill empowers government officials to hold inquiries and determine penalties..As per PRS, it is questionable whether is is appropriate to confer such discretion to government officials.Concerns have also been expressed that the term "codified traditional knowledge" has not been defined and a broad interpretation might exempt all local traditional knowledge from benefit sharing requirements.Further, it has flagged the removal of the direct role of local communities in determining benefit sharing provisions..[The Viewpoint] Analyzing the decriminalization of provisions under the Biological Diversity (Amendment) Bill, 2021.[Read Bill as introduced in Lok Sabha]
The Lok Sabha on Tuesday passed the Biological Diversity (Amendment) Bill, 2021 to amend Biological Diversity Act of 2002..The Bill was introduced in the Lok Sabha on December 16, 2021, before being referred to a Parliamentary Standing Committee headed by Sanjay Jaiswal for examination..The Bill amends Biological Diversity Act, 2002 with an aim to simplify compliance requirements for domestic companies.It proposes to exempt users of codified traditional knowledge and AYUSH practitioners from sharing benefits with local communities.The Bill also 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.Pertinently, the Bill decriminalises all offences under the Act and instead provides for a wide range of monetary penalties. Further, the Bill empowers government officials to hold inquiries and determine penalties..As per PRS, it is questionable whether is is appropriate to confer such discretion to government officials.Concerns have also been expressed that the term "codified traditional knowledge" has not been defined and a broad interpretation might exempt all local traditional knowledge from benefit sharing requirements.Further, it has flagged the removal of the direct role of local communities in determining benefit sharing provisions..[The Viewpoint] Analyzing the decriminalization of provisions under the Biological Diversity (Amendment) Bill, 2021.[Read Bill as introduced in Lok Sabha]
