The story so far:
On 1st August, the Rajya Sabha passed the Biological Diversity (Amendment) Bill, 2021 amid a walk-out by the opposition parties, about a week after it was cleared by the Lok Sabha. The Act aims to conserve biodiversity, promote its sustainable use and equitable sharing of benefits that arise therein. Amendments proposed in the Bill however are at odds with this aim. During discussions in Rajya Sabha, the Environment Minister Bhupender Yadav, explicitly spoke of “ease of doing business” and promotion of the AYUSH industry (Ayurveda, Yoga and Naturopathy, Unani, Siddha and Homeopathy) as reasons why the government is bringing forth the amendments.
Why is the Bill considered problematic?
The Bill exempts “codified traditional knowledge” and the AYUSH industry from benefit sharing, denying local communities’ benefits from accessing biological resources. The term “codified traditional knowledge” lacks a clear definition, leading to potential exploitation. Experts regard this exemption as regressive because a reason why the legislation was enacted in the first place was to ensure “fair and equitable sharing of benefits”, thereby contributing to the conservation and sustainable use of biodiversity. It decriminalises offences and proposes monetary penalties instead, raising concerns over resource exploitation.
To what extent has the Act been implemented?
It is important to bear in mind that the proposed relaxations come at a time when the Act hasn’t even been implemented in full. A 2022 investigation by the Centre for Science and Environment showed that in many States, there was no data available on money received from companies and traders for access and benefit sharing and in cases where money was collected, the same wasn’t shared with local communities.
A 2016 study by legal researchers showed that many difficulties have cropped up in many States when it comes to implementing provisions of the Act, especially those related to access and benefit sharing. Some of these issues were also challenged in high courts and the National Green Tribunal.
How does the industry view the Act?
The industry has been unhappy with the regulations and has run to courts and sought relaxations. Consider the 2016 case where the Uttarakhand Biodiversity Board sent a notice to Divya Pharmacy, part of Baba Ramdev’s Patanjali Yog Peeth Trust, stating that the company was in violation of the Act for using biological resources without prior intimation to the Board. The company challenged the notice in the Uttarakhand high court, although it ultimately lost the case.
And in 2015, representatives from Gujarat’s Ayurveda industry urged the central government to provide some relief to the sector by postponing the implementation of access and benefit sharing provisions. In response, the then Environment Minister Prakash Javadekar said the industry has to deposit an amount towards these provisions and that no exemption can be granted.
These are the precedents to the amendments which have been proposed now for “ease of doing business.”
In fact, in the ‘Statement of Objects and Reasons’ section, the Bill clearly states that “concerns were raised by the stakeholders representing Indian system of medicine sector, seed sector, industry sector and research sector urging to simplify, streamline and reduce compliance burden in order to encourage conducive environment for collaborative research and investments, simplify patent application process…”.
On 2nd August, the Rajya Sabha also cleared the Forest (Conservation) Amendment Bill which severely limits the conservation scope of the Act. Read together, the two Bills are part of a larger trend of dilution of environmental regulations that are underway in the country, especially since the COVID pandemic. That the Environment Ministry has given precedence to “ease of doing business” rather than its mandate to protect the environment is cause for concern
SDGs, Targets, and Indicators Analysis
1. Which SDGs are addressed or connected to the issues highlighted in the article?
- SDG 15: Life on Land – The article discusses the Biological Diversity (Amendment) Bill, which aims to conserve biodiversity and promote its sustainable use.
- SDG 3: Good Health and Well-being – The article mentions the promotion of the AYUSH industry (Ayurveda, Yoga and Naturopathy, Unani, Siddha, and Homeopathy) as a reason for the amendments in the Bill.
- SDG 12: Responsible Consumption and Production – The article raises concerns over resource exploitation and the need for fair and equitable sharing of benefits.
2. What specific targets under those SDGs can be identified based on the article’s content?
- Target 15.5: Take urgent and significant action to reduce the degradation of natural habitats, halt the loss of biodiversity, and protect and prevent the extinction of threatened species.
- Target 3.8: Achieve universal health coverage, including financial risk protection, access to quality essential health-care services, and access to safe, effective, quality, and affordable essential medicines and vaccines for all.
- Target 12.2: By 2030, achieve the sustainable management and efficient use of natural resources.
3. Are there any indicators mentioned or implied in the article that can be used to measure progress towards the identified targets?
- No specific indicators are mentioned in the article. However, indicators related to the implementation of the Biological Diversity (Amendment) Bill, such as the collection and sharing of money received from companies for access and benefit sharing, can be used to measure progress towards Target 15.5.
- Indicators related to the promotion and regulation of the AYUSH industry, such as the availability and affordability of AYUSH medicines and the adherence to quality standards, can be used to measure progress towards Target 3.8.
- Indicators related to resource management and equitable benefit sharing, such as the amount of resources exploited and the extent of benefit sharing with local communities, can be used to measure progress towards Target 12.2.
Table: SDGs, Targets, and Indicators
| SDGs | Targets | Indicators |
|---|---|---|
| SDG 15: Life on Land | Target 15.5: Take urgent and significant action to reduce the degradation of natural habitats, halt the loss of biodiversity, and protect and prevent the extinction of threatened species. | – Collection and sharing of money received from companies for access and benefit sharing. – Extent of implementation of conservation measures. |
| SDG 3: Good Health and Well-being | Target 3.8: Achieve universal health coverage, including financial risk protection, access to quality essential health-care services, and access to safe, effective, quality, and affordable essential medicines and vaccines for all. | – Availability and affordability of AYUSH medicines. – Adherence to quality standards in the AYUSH industry. |
| SDG 12: Responsible Consumption and Production | Target 12.2: By 2030, achieve the sustainable management and efficient use of natural resources. | – Amount of resources exploited. – Extent of benefit sharing with local communities. |
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Source: thehindu.com
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