The story so far: On 1st August, the Rajya Sabha passed the Biological Diversity (Amendment) Bill, 2021 amid a walk-out by the opposition parties, about a week after it was cleared by the Lok Sabha. The Act aims to conserve biodiversity, promote its sustainable use and equitable sharing of benefits that arise therein. Amendments proposed in the Bill however are at odds with this aim. During discussions in Rajya Sabha, the Environment Minister Bhupender Yadav, explicitly spoke of “ease of doing business” and promotion of the AYUSH industry (Ayurveda, Yoga and Naturopathy, Unani, Siddha and Homeopathy) as reasons why the government is bringing forth the amendments.
Why is the Bill considered problematic?
The Bill exempts “codified traditional knowledge” and the AYUSH industry from benefit sharing, denying local communities’ benefits from accessing biological resources. The term “codified traditional knowledge” lacks a clear definition, leading to potential exploitation. Experts regard this exemption as regressive because a reason why the legislation was enacted in the first place was to ensure “fair and equitable sharing of benefits”, thereby contributing to the conservation and sustainable use of biodiversity. It decriminalises offences and proposes monetary penalties instead, raising concerns over resource exploitation.
