the Biological Diversity Act, 2002

 The Biodiversity Act in India refers to the Biological Diversity Act, 2002, enacted to ensure the conservation of biological diversity, sustainable use of its components, and fair and equitable sharing of benefits arising from the use of biological resources. Here’s a detailed overview:

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1. Purpose of the Act

• To conserve biological diversity and ecosystems.

• To regulate access to biological resources and associated knowledge.

• To ensure fair and equitable sharing of benefits with local communities who are custodians of biological resources.

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2. Key Features

1. Regulation of Access

   • Any Indian or foreign individual/organization seeking access to biological resources for research, commercial, or industrial use must obtain prior approval from the National Biodiversity Authority (NBA) or State Biodiversity Boards (SBBs).

2. Benefit Sharing

   • The Act ensures that local communities (often called benefit claimers) sharing their traditional knowledge or providing access to biodiversity are fairly compensated.

3. Protection of Traditional Knowledge

   • Traditional knowledge related to biological resources is protected and cannot be exploited without permission.

4. Establishment of Authorities

   • National Biodiversity Authority (NBA) – at central level.

   • State Biodiversity Boards (SBBs) – at state level.

   • Biodiversity Management Committees (BMCs) – at local (panchayat/municipal) level to document local biodiversity.

5. Documentation of Biodiversity

   • People’s Biodiversity Registers (PBRs) are prepared at the local level to record species, their uses, and local knowledge.

6. Penalties for Violations

   • Violations such as unauthorized collection, transfer, or commercialization can result in fines up to ₹25 lakh and/or imprisonment up to 5 years.

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3. Authorities under the Act

• National Biodiversity Authority (NBA) – Chennai. Handles approval for use of Indian biodiversity by foreign entities, commercial exploitation, and benefit sharing.

• State Biodiversity Boards (SBBs) – Facilitate and regulate access at the state level.

• Biodiversity Management Committees (BMCs) – Maintain local registers and advise on conservation.

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4. Examples of Applications

• Pharmaceutical companies accessing medicinal plants.

• Cosmetic and nutraceutical industries using plant extracts.

• Researchers studying biodiversity.

• Documentation and protection of indigenous knowledge like herbal remedies.

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5. Relevance

• India is one of the 17 mega-biodiverse countries in the world.

• The Act helps prevent biopiracy, promotes sustainable development, and ensures benefits reach local communities.