CBD Implementation in India

The concept of CBD, or Convention on Biological Diversity, refers to the international treaty established to promote the conservation of biological diversity, the sustainable use of its components, and the fair and equitable sharing of benefits arising from the use of genetic resources. India, being one of the most biodiverse countries in the world, has been an active participant in implementing the provisions of the Convention since its ratification. The country has undertaken extensive legal, institutional, and policy measures to ensure the protection and sustainable management of its biological resources in alignment with the objectives of the CBD.

Background and India’s Commitment

The Convention on Biological Diversity (CBD) was adopted at the Earth Summit in Rio de Janeiro in 1992 and came into force in 1993. India signed the convention on 5 June 1992 and ratified it on 18 February 1994, thereby committing to its three main objectives:

1. Conservation of biological diversity.
2. Sustainable use of biological resources.
3. Fair and equitable sharing of benefits arising from genetic resource utilisation.

India’s biological richness — with ecosystems ranging from the Himalayas and the Indo-Gangetic plains to the Western Ghats and coastal regions — made the nation an important signatory to the Convention. With about 7–8% of the world’s recorded species, India recognised the necessity of balancing development with environmental protection.

Legislative and Institutional Framework

To implement the objectives of the CBD domestically, India enacted the Biological Diversity Act, 2002, followed by the Biological Diversity Rules, 2004. These form the core legal instruments for regulating access to biological resources and ensuring benefit-sharing.
Key institutional structures established under this framework include:

• National Biodiversity Authority (NBA) – Established in 2003, based in Chennai, the NBA oversees the implementation of the Act, provides policy guidance, and regulates access by foreign individuals or entities to biological resources and associated traditional knowledge.
• State Biodiversity Boards (SBBs) – Constituted by individual states to advise on local biodiversity management and regulate access to resources for commercial or research purposes within the state.
• Biodiversity Management Committees (BMCs) – Set up at the local self-government level (Panchayats and municipalities), these bodies maintain People’s Biodiversity Registers (PBRs) documenting local biological resources and traditional knowledge.

This three-tier structure ensures decentralised management and participation of local communities, aligning closely with the CBD’s principles of community involvement and benefit sharing.

Access and Benefit-Sharing (ABS) Mechanism

One of the key mandates of the CBD, reinforced through the Nagoya Protocol on Access and Benefit Sharing (2010), is the fair and equitable distribution of benefits arising from the use of genetic resources. India became a Party to the Nagoya Protocol in 2014 and integrated its provisions into the national framework through specific guidelines.
Under the Indian ABS mechanism:

• Any foreign entity or non-resident Indian seeking access to biological resources must obtain prior approval from the NBA.
• Indian researchers or companies must inform the SBBs before using biological materials for commercial purposes.
• The benefits from commercial use — monetary or non-monetary — are shared with the local communities or BMCs from whose regions the resources are accessed.

Benefit-sharing may include royalty payments, joint ventures, technology transfer, or community development projects, thus ensuring that local custodians of biodiversity also gain from its use.

Key Programmes and Initiatives

To strengthen the implementation of CBD objectives, India has undertaken several national initiatives and programmes:

• National Biodiversity Action Plan (NBAP) (first adopted in 2008, updated in 2014) – Provides a strategic framework for conservation, sustainable use, and benefit-sharing, integrating biodiversity concerns into sectoral policies such as agriculture, forestry, fisheries, and industry.
• People’s Biodiversity Registers (PBRs) – Document local flora, fauna, and traditional knowledge across thousands of villages, empowering communities to participate in biodiversity governance.
• Biodiversity Heritage Sites (BHS) – Declared under Section 37 of the Biological Diversity Act, these are unique ecosystems identified for conservation at the local level. Examples include Nallur Tamarind Grove (Karnataka) and Majuli Island (Assam).
• India Biodiversity Awards – Instituted to recognise outstanding contributions by individuals, communities, and organisations in biodiversity conservation and sustainable use.

In addition, India has incorporated biodiversity conservation into its National Environment Policy (2006), National Forest Policy (1988, revised 2018 draft), and National Wildlife Action Plan (2017–2031), ensuring cross-sectoral integration.

India’s Role in International CBD Negotiations

India has played a proactive role in shaping global biodiversity policy. It hosted the 11th Conference of the Parties (COP-11) to the CBD in Hyderabad in 2012, where discussions focused on resource mobilisation, the implementation of the Aichi Biodiversity Targets, and the operationalisation of the Nagoya Protocol.
As a member of the Like-Minded Megadiverse Countries (LMMC) group, India advocates for the interests of biodiversity-rich developing nations, emphasising the need for technology transfer, capacity building, and equitable benefit-sharing in international negotiations.
India has also contributed to the Post-2020 Global Biodiversity Framework, supporting global commitments to halt biodiversity loss and promote ecosystem restoration in line with the Kunming–Montreal Global Biodiversity Framework (2022).

Challenges in Implementation

Despite significant progress, the implementation of CBD objectives in India faces multiple challenges:

• Lack of awareness and capacity among local bodies and communities about legal provisions and benefit-sharing mechanisms.
• Inadequate enforcement and monitoring of access to biological resources, leading to issues such as biopiracy and unauthorised use of traditional knowledge.
• Coordination gaps between national, state, and local biodiversity authorities.
• Pressure from industrial and developmental projects, which threaten habitats and biodiversity hotspots.
• Documentation and data gaps in People’s Biodiversity Registers, limiting their potential as comprehensive biodiversity databases.

Efforts are ongoing to address these issues through greater community engagement, digital platforms for biodiversity documentation, and integration of biodiversity concerns into regional and national planning frameworks.

Significance and Future Outlook

The implementation of the CBD in India reflects a balanced approach between conservation and development. The establishment of legal mechanisms such as the Biological Diversity Act, 2002, and the creation of decentralised governance institutions demonstrate India’s commitment to participatory biodiversity management.
Going forward, India’s biodiversity policy is expected to focus on:

• Strengthening the enforcement of Access and Benefit-Sharing provisions.
• Enhancing the effectiveness of People’s Biodiversity Registers through digital mapping and scientific validation.
• Mainstreaming biodiversity concerns into agriculture, urban planning, and climate adaptation strategies.
• Encouraging community-led conservation and capacity building for local stakeholders.