India and the Nagoya Protocol

The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilisation (ABS) is an international agreement that supports one of the three main objectives of the Convention on Biological Diversity (CBD) — the fair and equitable sharing of benefits derived from the use of biological resources. India, as a megadiverse country and an early adopter of biodiversity conservation principles, has played an active role in the development, ratification, and implementation of the Nagoya Protocol.

Background of the Nagoya Protocol

The Nagoya Protocol was adopted on 29 October 2010 at the 10th Conference of the Parties (COP 10) to the Convention on Biological Diversity, held in Nagoya, Japan, and entered into force on 12 October 2014.
Its central aim is to ensure that the benefits — monetary or non-monetary — arising from the utilisation of genetic resources (such as plants, animals, and microorganisms) and associated traditional knowledge are shared fairly and equitably with the countries and communities providing those resources.
The Protocol operationalises Article 15 and Article 8(j) of the CBD by establishing a transparent legal framework for access and benefit-sharing (ABS), ensuring that both resource providers and users are protected through mutually agreed terms.

India’s Role in the Adoption and Ratification

India was among the key countries that actively participated in negotiations leading to the adoption of the Nagoya Protocol. The country’s rich biodiversity — comprising about 7–8% of the world’s recorded species — and its vast traditional knowledge systems made it a strong advocate for equitable benefit-sharing.
India signed the Nagoya Protocol in 2011 and ratified it on 9 October 2012, becoming one of the early Parties to the agreement. The Protocol entered into force for India on 12 October 2014, binding the country to comply with its provisions through national legal and institutional mechanisms.
India’s ratification underscored its commitment to protecting biological resources and ensuring that local and indigenous communities, who are custodians of these resources and knowledge, receive due recognition and benefits from their commercial utilisation.

Legal and Institutional Framework in India

India had already taken proactive steps toward biodiversity regulation before the Nagoya Protocol through the enactment of the Biological Diversity Act, 2002, and the Biological Diversity Rules, 2004. These form the backbone of India’s national framework for access and benefit-sharing.
To implement the objectives of both the CBD and the Nagoya Protocol, India established a three-tier institutional structure:

1. National Biodiversity Authority (NBA) – Established in 2003 and headquartered in Chennai, the NBA is responsible for regulating access to biological resources by foreign individuals or organisations and ensuring benefit-sharing as per national and international norms.
2. State Biodiversity Boards (SBBs) – Function at the state level to advise on conservation and management of biodiversity and regulate access for domestic users.
3. Biodiversity Management Committees (BMCs) – Formed at the local level (panchayats and municipalities) to maintain People’s Biodiversity Registers (PBRs) and ensure that local communities participate in ABS arrangements.

This institutional network allows India to operationalise the Nagoya Protocol at both the national and community levels, ensuring that the benefits of genetic resource use are shared with stakeholders equitably.

Access and Benefit-Sharing (ABS) Mechanism

Under the Nagoya Protocol, Access and Benefit-Sharing (ABS) refers to the legal framework ensuring that when companies, research institutions, or other entities use genetic resources or traditional knowledge, they provide fair compensation or benefits to the source communities.
India’s implementation of ABS is guided by the following principles:

• Prior Informed Consent (PIC): Any user seeking access to biological resources must obtain prior approval from the National Biodiversity Authority or relevant state authorities.
• Mutually Agreed Terms (MAT): Agreements are established between users (such as industries, researchers, or bioprospectors) and providers (local communities or institutions) specifying the mode and extent of benefit-sharing.
• Equitable Benefit Sharing: Benefits may include monetary compensation, joint research, technology transfer, training, or community development projects.

Examples of benefit-sharing under the Indian framework include partnerships between pharmaceutical companies, research institutions, and local communities, ensuring that profits from products developed using Indian biodiversity are shared with the resource custodians.

Key Milestones and Initiatives

India has undertaken several initiatives to strengthen its compliance with the Nagoya Protocol:

• India Biodiversity Awards: Instituted by the Ministry of Environment, Forest and Climate Change (MoEFCC) and the United Nations Development Programme (UNDP) to recognise excellence in biodiversity management and benefit-sharing practices.
• First National ABS Agreement (2015): Signed between the Kani tribal community of Kerala and the Tropical Botanic Garden and Research Institute (TBGRI), which became a model for equitable benefit sharing.
• Capacity-Building Programmes: Conducted for local communities, researchers, and industries to raise awareness about ABS procedures and rights.
• People’s Biodiversity Registers (PBRs): Over 270,000 registers have been created across India to document local biological resources and traditional knowledge.
• Digital Biodiversity Management: Development of an online ABS e-portal by the NBA for transparent and efficient processing of access applications and benefit-sharing agreements.

Significance of the Nagoya Protocol for India

The implementation of the Nagoya Protocol has brought several advantages to India’s biodiversity governance and community empowerment:

1. Protection of Genetic Resources: Prevents biopiracy and unauthorised use of Indian genetic materials by ensuring legal compliance and benefit-sharing agreements.
2. Empowerment of Local Communities: Recognises and rewards indigenous communities for their contributions to biodiversity conservation and traditional knowledge.
3. Sustainable Utilisation: Encourages responsible and sustainable use of biological resources for research, trade, and innovation.
4. International Cooperation: Strengthens India’s position in global biodiversity negotiations by demonstrating leadership in implementing the CBD objectives.
5. Promotion of Research and Innovation: Encourages scientific collaboration while ensuring ethical use of genetic materials.

Challenges in Implementation

Despite progress, India faces certain challenges in fully realising the potential of the Nagoya Protocol:

• Limited awareness among local communities and small-scale industries about ABS provisions.
• Complex procedures and bureaucratic delays in obtaining approvals for access and benefit-sharing.
• Difficulty in valuation of biological resources and traditional knowledge for equitable benefit-sharing.
• Inadequate enforcement mechanisms against biopiracy and unauthorised research.
• Coordination gaps between national, state, and local-level authorities.

To overcome these challenges, the government has been simplifying procedures, promoting digital platforms, and enhancing capacity-building efforts at the grassroots level.

India’s International Role and Commitments

India continues to be an active participant in global biodiversity governance:

• It hosted the 11th Conference of the Parties (COP 11) to the CBD in Hyderabad (2012), where resource mobilisation and implementation of the Nagoya Protocol were key themes.
• India supports the Post-2020 Global Biodiversity Framework, emphasising equitable benefit-sharing and community involvement.
• The country advocates for technology transfer and capacity building from developed to developing countries to support biodiversity conservation.