Biological Diversity Act, 2002

The Biological Diversity Act, 2002 is India's principal legislation for the conservation of biological diversity, sustainable use of biological resources, and equitable sharing of benefits arising from the use of genetic resources and associated traditional knowledge. It implements India's obligations under the Convention on Biological Diversity (CBD, signed at the Rio Earth Summit, 1992) and the Nagoya Protocol (2010, effective 2014). The Act establishes a three-tier governance structure: 1. National Biodiversity Authority (NBA) — headquartered in Chennai; regulates access by foreign nationals and companies to Indian biological resources; approves ABS agreements; advises the central government on biodiversity policy. 2. State Biodiversity Boards (SBBs) — one per state; regulate access by Indian citizens and companies; advise state governments on biodiversity conservation. 3. Biodiversity Management Committees (BMCs) — one per local body (gram panchayat, municipality, corporation); document local biodiversity through People's Biodiversity Registers (PBRs); promote conservation at the grassroots level. The Act regulates three categories of access: (a) access by foreign nationals/companies (requires NBA approval), (b) access by Indian nationals for commercial use (requires SBB intimation), and (c) access by local communities for traditional purposes (exempt). The Biological Diversity (Amendment) Act, 2023 introduced significant changes: exempted AYUSH practitioners from NBA approval, decriminalised penalties (criminal to civil), simplified terminology, and further exempted farmers and traditional practitioners.

• 1 Enacted: 2002; NBA established: 2003; Amendment: 2023
• 2 Three-tier: NBA (Chennai) → SBBs (state) → BMCs (local)
• 3 Implements: CBD (1992) and Nagoya Protocol (2010)
• 4 PBR: People's Biodiversity Register — documented by BMCs
• 5 2023 Amendment: AYUSH exemption, decriminalised penalties, simplified access
• 6 BMCs: ~2.5 lakh constituted; <10% functional; ~1.2 lakh PBRs prepared
• 7 ABS: Access and Benefit Sharing — benefits from commercial use shared with local communities
• 8 Biopiracy cases: Turmeric patent (revoked 1997), Neem patent (revoked 2005)
• 9 30x30 target: Kunming-Montreal GBF (COP-15, 2022) — protect 30% land and sea by 2030

The NBA launched an internship programme in March 2026 for young researchers to work on biodiversity documentation and ABS planning — but the real challenge remains making the 2.5 lakh Biodiversity Management Committees at the local level functional, as fewer than 10% currently operate meaningfully.