Last reviewed 4 Nov 2026 · Facts as of 4 Nov 2026 · 2 min read
1. Background
- The Convention on Biological Diversity (CBD), signed at the Rio Earth Summit (1992), has three objectives: conservation of biodiversity, sustainable use of its components, and fair and equitable sharing of benefits from genetic resources.
- The Nagoya Protocol (2010) deals with access and benefit sharing (ABS); the Cartagena Protocol (2000) with the safe handling of living modified organisms (LMOs).
- India passed the Biological Diversity Act in 2002 to implement the CBD; Biological Diversity Rules, 2004.
- Concerns over biopiracy — patents on neem, turmeric and basmati — strengthened the case for a law.
2. Three-tier structure
| Level | Body | Role |
|---|---|---|
| National | National Biodiversity Authority (NBA), Chennai (set up 2003) | Approves access by foreign persons/companies, IPR applications based on Indian biological resources, transfer of research results abroad; advises the government |
| State | State Biodiversity Boards (SBBs) | Regulate commercial use by Indian entities; advise state governments |
| Local | Biodiversity Management Committees (BMCs) — in every local body (panchayat, municipality) | Prepare People's Biodiversity Registers (PBRs), conserve local biodiversity, levy collection fees |
3. Key provisions
- Prior approval of the NBA for foreigners to obtain biological resources or associated knowledge, and for anyone seeking a patent based on them.
- Access and benefit sharing — benefits (money, technology, royalties, joint research) go to the benefit claimers — local communities and knowledge holders.
- Biodiversity Heritage Sites — notified by states in consultation with local bodies (e.g. Nallur Tamarind Grove, Karnataka — the first, 2007).
- National Biodiversity Fund and state/local funds.
- Protection of threatened species and repositories for specimens.
4. Biological Diversity (Amendment) Act, 2023
- Encourages cultivation of medicinal plants and the AYUSH sector; cultivated medicinal plants exempted from some approvals.
- Decriminalises offences — penalties instead of imprisonment for most violations.
- Simplifies approval for research and patents; brings more foreign-controlled Indian companies under NBA oversight.
- Gives local communities a larger role in benefit sharing (benefit-sharing linked to PBRs).
Revision SummaryQuick recap
- CBD 1992 — conservation, sustainable use, benefit sharing; Nagoya (ABS) 2010; Cartagena (LMOs) 2000.
- BD Act 2002: NBA (Chennai) → SBBs → BMCs; PBRs at the local level.
- Foreigners and patent applicants need NBA approval.
- Biodiversity Heritage Site — first: Nallur Tamarind Grove (2007).
- 2023 amendment: AYUSH-friendly, decriminalised offences.