National Biodiversity Authority

The National Biodiversity Authority (NBA) is a statutory autonomous body established by the Government of India under the provisions of the Biological Diversity Act, 2002. It functions under the Ministry of Environment, Forest and Climate Change (MoEFCC) and plays a pivotal role in regulating, conserving, and managing India’s vast biological resources and associated traditional knowledge.
The NBA ensures that the use of biodiversity is sustainable, benefits derived from it are equitably shared, and India’s sovereign rights over its biological wealth are protected from biopiracy and exploitation.

Establishment and Legal Framework

• Legal Basis: Biological Diversity Act, 2002.
• Came into Force: 2003.
• Headquarters: Chennai, Tamil Nadu.
• Nature: Statutory and autonomous body under the MoEFCC.

The Biological Diversity Act was enacted to fulfil India’s obligations as a signatory to the Convention on Biological Diversity (CBD), 1992 — an international treaty aimed at the conservation of biological diversity, sustainable use of its components, and fair sharing of benefits arising from genetic resources.

Objectives of the National Biodiversity Authority

1. Conservation of Biodiversity: To safeguard India’s rich biological resources, including ecosystems, species, and genetic diversity.
2. Sustainable Use: To ensure that the utilisation of biodiversity resources does not compromise ecological balance or the needs of future generations.
3. Equitable Benefit Sharing: To promote fair and equitable sharing of benefits arising from the use of biological resources and associated traditional knowledge.
4. Regulation of Access: To regulate access to India’s biological resources by national and international entities.
5. Protection from Biopiracy: To prevent unauthorised extraction and commercial exploitation of Indian bioresources by foreign or domestic entities.

Composition of the National Biodiversity Authority

According to Section 8 of the Biological Diversity Act, 2002, the NBA consists of:

• Chairperson: Appointed by the Central Government, an eminent person having knowledge and experience in biodiversity conservation.
• Ex-Officio Members:
  • Representatives from various ministries — Environment, Agriculture, Science and Technology, AYUSH, Tribal Affairs, etc.
• Non-Official Members:
  • Experts from fields such as conservation, biological research, sustainable use, and community participation.
• Member Secretary:
  • A full-time officer responsible for administration and coordination.

The authority functions with the help of technical committees and expert groups.

Structure of Biodiversity Governance in India

India’s biodiversity management is structured in three interlinked levels:

This three-tier framework ensures decentralised management and community participation in biodiversity conservation.

Functions of the National Biodiversity Authority

As per Section 18 of the Biological Diversity Act, the NBA performs the following functions:

1. Regulatory Functions:
   • Grants approval for access to biological resources and associated knowledge to foreign individuals, companies, and organisations.
   • Regulates transfer of results of research relating to biological resources to non-citizens or foreign bodies.
   • Oversees intellectual property rights (IPR) related to biodiversity (e.g., patents involving Indian biological materials).
2. Advisory Functions:
   • Advises the Central Government on conservation, sustainable use, and benefit-sharing.
   • Recommends policies for bioresource management and biodiversity conservation.
3. Facilitatory Functions:
   • Promotes collaboration between scientific institutions, industry, and communities for sustainable resource use.
   • Supports capacity-building and awareness programmes.
4. Benefit-Sharing Regulation:
   • Ensures fair distribution of benefits from commercial utilisation of bioresources among local communities and traditional knowledge holders.
5. Biodiversity Heritage Sites (BHS):
   • Identifies and notifies unique ecosystems and landscapes as Biodiversity Heritage Sites for conservation.
6. People’s Biodiversity Registers (PBRs):
   • Supports preparation of PBRs documenting local biological resources, their uses, and conservation practices.

Powers of the National Biodiversity Authority

Under the Biological Diversity Act, the NBA has powers to:

• Regulate access and approvals for commercial use, bio-survey, or bio-utilisation of Indian biological resources by foreign entities.
• Impose penalties for violations such as unauthorised collection or transfer of bioresources.
• Negotiate and enforce benefit-sharing agreements between companies and local communities.
• Prohibit biopiracy by monitoring patent claims involving Indian biological materials (e.g., neem, turmeric, basmati).

Access and Benefit Sharing (ABS)

One of the key functions of the NBA is to implement the Access and Benefit Sharing (ABS) mechanism.
Key aspects include:

1. Ensuring that companies or researchers using Indian bioresources share benefits (monetary or non-monetary) with local communities.
2. Benefits can be shared in the form of:
   • Royalties or a share in profits.
   • Technology transfer.
   • Capacity-building or conservation support.
3. Example: Benefit-sharing agreements with companies using neem, turmeric, or medicinal plants sourced from local areas.

Important Initiatives and Programmes

1. People’s Biodiversity Registers (PBRs):
   • Documentation of local biodiversity and traditional knowledge at the village level.
2. Biodiversity Heritage Sites (BHS):
   • Protection of ecologically unique and fragile ecosystems such as Aravalli Biodiversity Park (Haryana) and Nallur Tamarind Grove (Karnataka).
3. National Biodiversity Action Plan (NBAP):
   • Framework for conservation and sustainable use of biodiversity resources in India.
4. Bioprospecting and Bio-utilisation Projects:
   • Regulating research and development on genetic resources in collaboration with industries and scientific bodies.
5. Monitoring Biopiracy:
   • Reviewing patent applications globally to prevent misappropriation of Indian biological resources and knowledge.

Examples of Biopiracy Cases Addressed

• Neem Patent Case (India vs. W.R. Grace, 1995): Indian scientists and NGOs challenged a European patent on neem’s antifungal properties, leading to its cancellation.
• Turmeric Patent Case (India vs. USPTO, 1997): A U.S. patent on turmeric’s wound-healing properties was revoked after evidence of traditional use.
• Basmati Rice Case: Legal action against patents claiming rights over traditional Indian rice varieties.

These cases highlighted the importance of the NBA’s role in safeguarding traditional knowledge.

Achievements of the NBA

• Established a strong institutional mechanism for biodiversity governance in India.
• Developed guidelines for access and benefit sharing (ABS).
• Supported the creation of over 2.7 lakh People’s Biodiversity Registers (PBRs).
• Declared several Biodiversity Heritage Sites across India.
• Enhanced India’s position as a global leader in implementing the Convention on Biological Diversity (CBD).

Challenges

1. Lack of Awareness: Limited understanding of the Act among local communities and industries.
2. Implementation Gaps: Delays in benefit-sharing and enforcement of regulations.
3. Coordination Issues: Between national, state, and local biodiversity bodies.
4. Biopiracy Monitoring: Difficulty in tracking misuse of biological resources globally.
5. Insufficient Resources: Need for more technical staff and financial support.

Importance of the National Biodiversity Authority

• Protects India’s Natural Heritage: Safeguards biological resources and associated traditional knowledge.
• Ensures Social Justice: Recognises and rewards local communities for their role in conserving biodiversity.
• Supports Sustainable Development: Balances economic growth with ecological responsibility.
• Global Leadership: Demonstrates India’s commitment to international biodiversity conservation goals.