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Source: This post has been created based on the article “Amended biological diversity law raises fear of loss for tribals” published in “Business Standard” on 23rd January 2024.
UPSC Syllabus Topic: GS Paper 2 Social Justice – Mechanisms, laws, institutions and Bodies constituted for the protection and betterment of vulnerable sections (Tribals).
Amended Biological Diversity Law Raises Fear of Loss For Tribals, The article discusses the issues with the recent Biological Diversity (Amendment) Act, 2023.
Background:
Recently, the Government notified the Biological Diversity (Amendment) Act, 2023.
It is aimed at simplifying access to the country’s rich biodiversity for R&D while ensuring environmental protection and fair benefits to local communities.
It also aims at encouraging cultivation of medicinal plants and easing the compliance burden on Indian companies.
Read about the Biological Diversity Act, 2002 here.
What is Access and Benefit Sharing (ABS)?
ABS is a compensatory amount typically paid to tribal and other communities with a tradition of gathering, safeguarding, and utilising herbs and medicinal plants crucial for the Ayush industry (manufacturers who sell such medicines or treatments).
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What are The Issues with The Amendments?
1. ABS exemption to Ayush: It has curtailed the revenue of tribals, whose livelihood depends on herbs, by exempting Ayush practitioners from paying ABS (ranging from 0.1 to 0.5% of sales).
2. Ambiguity in Definitions: The term ‘Ayush practitioner’ is not clearly defined. If a person cultivates herbs without registering a company and then sells them to companies, there is no way to regulate that.
3.Decriminalisation of Biodiversity Offences: This was aimed at reducing the fear among the stakeholders for effective compliance. However, it may lead to environmental concerns.
Question for practice:
What are the issues with the recent Biological Diversity (Amendment) Act, 2023?
