New Biodiversity Rules by the Centre

Context

The Government of India has notified the Biological Diversity (Access to Biological Resources and Knowledge Associated thereto and Fair and Equitable Sharing of Benefits) Regulation, 2025. These new rules aim to streamline and strengthen the framework for fair and equitable sharing of benefits arising from the use of India’s rich biological resources and associated traditional knowledge.

What is Access and Benefit Sharing (ABS)?

Definition and Principle

• ABS is a framework under the Convention on Biological Diversity (CBD) that ensures benefits (monetary or non-monetary) from the use of biological resources and traditional knowledge are shared fairly with the source communities or nations.
• It is based on prior informed consent (PIC) and mutually agreed terms (MAT) to guarantee fairness and equity.

Legal Framework in India

• Implemented through the Biological Diversity Act, 2002, and the Biological Diversity (Amendment) Act, 20.
• The National Biodiversity Authority (NBA), State Biodiversity Boards (SBBs), and local Biodiversity Management Committees (BMCs) oversee implementation.

Key Features of the 2025 Regulation

Turnover-Based Benefit Sharing

High-Value Biological Resources: For species like red sanders, sandalwood, agarwood, and other threatened species, benefit sharing is at least 5% of sale/auction value, and can exceed 20% for commercial exploitation.

Inclusion of Digital Sequence Information (DSI): DSI-digital representations of genetic sequences-is now included, closing previous loopholes where only physical materials were covered.

Exemptions: Cultivated medicinal plants (as notified by the Ministry of Environment in consultation with AYUSH) are exempt from benefit sharing to promote cultivation and ease compliance for AYUSH practitioners.

Intellectual Property and Research: Applicants for intellectual property rights (IPR) involving biodiversity must disclose biological resource use and share benefits accordingly. Researchers must also comply with benefit-sharing rules; 10–15% of benefits are retained by the NBA, with the rest directed to local communities via BMCs.

Significance and Impact

Addresses Regulatory Gaps

• The inclusion of DSI brings India’s regulations in line with global trends and outcomes from COP16 of the CBD in Colombia.
• The tiered structure and clear slabs provide predictability and transparency for industries, especially pharmaceuticals, cosmetics, and biotechnology.

Promotes Conservation and Local Livelihoods

• Ensures that local communities conserving biodiversity receive a fair share of benefits, incentivizing sustainable use and conservation.
• Exemptions for cultivated medicinal plants encourage sustainable cultivation over wild extraction.

Role of National Biodiversity Authority and Local Bodies

• NBA: Statutory body advising the Centre, regulating access, and ensuring benefit sharing.
• SBBs: Guide state governments and regulate commercial use at state level.
• BMCs: Document local biodiversity and facilitate benefit sharing at the grassroots, including preparing People’s Biodiversity Registers.

Conclusion

The 2025 ABS Regulation marks a significant step in balancing biodiversity conservation with economic development. By ensuring fair benefit sharing, promoting transparency, and addressing new challenges like DSI, India strengthens its commitment to both global biodiversity goals and the rights of local communities.

Source: DTE

UPSC Mains Practice Question

Q. Discuss the significance of regulating access to biological resources and associated traditional knowledge in India. How does the Biological Diversity Act, 2002 ensure fair and equitable sharing of benefits arising from their use? Suggest measures to strengthen the implementation of benefit-sharing provisions in the context of local communities and biodiversity conservation.

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