An Overview of the Biological Diversity Rules 2024

What are the Biological Diversity Rules 2024?

The Biological Diversity Rules 2024, introduced by the Union Environment Ministry, set forth the guidelines for accessing and utilizing biological resources within India. These rules aim to regulate access while simultaneously fostering research and enhancing the business environment, particularly in sectors such as traditional medicine and the cultivation of medicinal plants.

What changes were made to the Biological Diversity Act in 2023?

The Biological Diversity Act underwent amendments in 2023 to facilitate business operations, bolster research initiatives, promote traditional medicine, and support the cultivation of Indian medicinal plants. Notably, these changes decriminalized offenses related to breaches of biodiversity regulations.

How are biodiversity resources regulated under these Rules?

The Biological Diversity Rules establish a structured three-tier system for regulating biodiversity at national, state, and local levels. This framework includes the National Biodiversity Authority (NBA), state biodiversity boards, and local biodiversity management committees, the latter of which are to be formed by local self-governments.

What is the National Biodiversity Fund?

The National Biodiversity Fund is overseen by the NBA, tasked with gathering funds for the utilization of traditional knowledge and biological resources. It operates on the principle of equitable benefit-sharing, ensuring that local communities, including Adivasi groups, are rewarded for their contributions to the conservation of biodiversity.

How do the Rules handle intellectual property and patents?

The Rules delineate the procedures for applying for patents and securing intellectual property rights based on biological resources or traditional knowledge. It also outlines the commercialization process for these patents.

What is Access and Benefit Sharing (ABS) in these Rules?

Access and Benefit Sharing (ABS) refers to the framework designed to compensate local communities, such as Adivasi communities, for their significant role in safeguarding biological resources. Funds accrued under ABS are allocated to claimants as recognition of their conservation efforts.

Are AYUSH practitioners exempt from certain payments?

Indeed, a significant amendment has been the exemption of AYUSH practitioners and traditional knowledge holders from Access and Benefit Sharing (ABS) payments, addressing a previously contentious issue.

What is the penalty structure under the new Rules?

The penalties for violations of the new Rules range from INR 1 lakh to INR 50 lakh, with cases being adjudicated by an officer at least at the rank of a joint secretary. Decisions can be appealed at the National Green Tribunal (NGT).