Impact of the Biological Diversity (Amendment) Act 2023 on Biodiversity Protection Regime in India: An Empirical Study

Abstract

The Biological Diversity Act of 2002 discusses the core concepts of ‘Benefit Sharing’ and ‘Sustainable Development’. It was very recently in 2021 that the Biological Diversity (Amendment) Bill was introduced which came into effect from April 2024. This Amendment Act has been under great surveillance and criticism as it brings to light several issues which shall impact the indigenous groups, their habitat, and their right of access to benefit-sharing as it eases the process of complying with the access to benefit-sharing requirements of the Biodiversity Act of 2002, especially for domestic companies. It further mentions that AYUSH practitioners and codified traditional knowledge holders shall be exempted from the principle of benefit sharing. The amendment has also decriminalised the offences established under the Act where the power has been given to an adjudicating authority, a government official, to hold inquiries and lay down cases to impose these penalties. The researchers aim to reflect on the ambiguity of the Biological Diversity (Amendment) Act 2023. For this, the researchers have undertaken empirical as well as doctrinal research to look into the opinions and judgments of the stakeholders of the biodiversity protection regime in India like Biodiversity Authorities, AYUSH practitioners, traditional knowledge users, and environmental and IP law researchers. The researchers also aim to suggest further changes in the biodiversity protection regime in India relying on the issues around the current amendments to the Biological Diversity Act of 2002.