National Biodiversity Authority & Access Benefit Sharing

Key Concepts

India's biodiversity governance rests on three pillars: the Biological Diversity Act, 2002; the three-tier institutional structure (NBA → SBBs → BMCs); and international commitments under the Convention on Biological Diversity (CBD) and its Nagoya Protocol on Access and Benefit Sharing (ABS). The Biological Diversity (Amendment) Act, 2023 (in force from 1 April 2024) has significantly altered the regulatory landscape.

Biological Diversity Act, 2002

India enacted the Biological Diversity Act, 2002 to give effect to the CBD (to which India is a party since 1994). The Act:

• Regulates access to biological resources and associated traditional knowledge
• Ensures fair and equitable sharing of benefits arising from use of biological resources
• Creates a three-tier institutional mechanism for implementation
• Prohibits any person (especially foreign entities/NRIs) from accessing biological resources without prior approval of the National Biodiversity Authority (NBA)

Three-Tier Institutional Structure

1. National Biodiversity Authority (NBA)

• Headquarters: Chennai, Tamil Nadu
• Statutory body constituted in 2003 under the Biological Diversity Act
• Regulates access to biological resources for research, commercial utilisation, and bio-survey
• Grants approvals to foreign nationals/entities and Indian companies for access
• Grants Intellectual Property Rights (IPR) clearances related to biological resources

2. State Biodiversity Boards (SBBs)

• Constituted under each State Government
• Regulate access by Indian citizens and institutions (except those under NBA's purview)
• Advise the state government on biodiversity conservation matters

3. Biodiversity Management Committees (BMCs)

• Set up at the local body level (Panchayats and Urban Local Bodies)
• Most decentralised tier; directly interface with local communities
• Prepare and maintain People's Biodiversity Registers (PBRs)

People's Biodiversity Registers (PBRs)

PBRs are community-level documentation of:

• Local biological resources (flora, fauna, microorganisms)
• Traditional knowledge associated with those resources
• Local varieties of crops and breeds of livestock

PBRs serve as evidence of prior knowledge — used to oppose biopiracy claims in IPR proceedings. India has over 2.65 lakh PBRs prepared across states (as of recent estimates).

Nagoya Protocol on Access and Benefit Sharing (ABS)

The Nagoya Protocol operationalises the third objective of the CBD (fair and equitable benefit sharing). It requires:

• Prior Informed Consent (PIC) from the provider country before accessing genetic resources
• Mutually Agreed Terms (MAT) governing conditions of access and benefit sharing
• Countries to create an Access and Benefit Sharing Clearing-House (ABS-CH) to share information

India was among the first countries to ratify, and played a key role in the Protocol entering into force in 2014 (50 ratifications were needed). India accounts for 56% of all Internationally Recognised Certificates of Compliance (IRCCs) issued globally — the largest share of any country.

Benefit Sharing with Local Communities

When NBA grants approval for access to biological resources or associated traditional knowledge, a portion of benefits (monetary or non-monetary) must flow to:

• Local communities who conserved the resource
• BMCs and SBBs (for local biodiversity conservation activities)

Benefits may include: upfront payments, royalties, co-authorship, capacity building, technology transfer, or community development funds.

Biological Diversity (Amendment) Act, 2023

Passed by Lok Sabha on 25 July 2023, Rajya Sabha on 1 August 2023, and received Presidential assent on 3 August 2023. Came into force 1 April 2024.

Key changes:

Criticism: Environmental groups argue the amendments dilute protections and could facilitate biopiracy by reducing scrutiny on corporate access to biological resources.

Biopiracy: Key Cases

• Turmeric (1995): US Patent Office granted a patent on turmeric's wound-healing properties; India challenged and got it revoked (1997) — first successful challenge to a biopiracy patent
• Neem (Azadirachta indica): European Patent Office had granted patents on neem's antifungal properties; challenged and revoked
• Basmati (RiceTec case): US company attempted to patent Basmati rice varieties — partially revoked after India's intervention

These cases underline why PBRs and the NBA's mandate are critical.

Recent Developments (2024–2026)

CBD COP16 Cali Fund — DSI Benefit-Sharing Breakthrough

The most significant outcome of CBD COP16 (Cali, October–November 2024) directly relevant to the Nagoya Protocol and Access and Benefit Sharing (ABS) was the establishment of the "Cali Fund" — a multilateral mechanism for sharing benefits from Digital Sequence Information (DSI) on genetic resources. DSI refers to digitised genetic data (DNA/RNA sequences) stored in global databases, extensively used by pharmaceutical, cosmetics, agriculture, and biotech industries.

India was a key advocate for ensuring that sovereign rights over genetic resources extend to digital derivatives. The Cali Fund requires industries using DSI to contribute a percentage of profits or revenues to a global pool, to be distributed to biodiversity-rich countries and Indigenous communities. India's National Biodiversity Authority (NBA) will need to update its ABS regulations to incorporate DSI provisions, aligning with this new international standard.

UPSC angle: The Cali Fund and DSI are among the most current Prelims and Mains topics — questions may ask about the distinction between physical genetic resources (covered by Nagoya Protocol) and DSI (now covered by Cali Fund).

NBA's Role in BioE3 Policy — BioTech Economy Integration

The Union Cabinet approved the BioE3 (Biotechnology for Economy, Environment, and Employment) Policy in August 2024, led by the Department of Biotechnology (DBT). This policy directly intersects with the NBA's mandate — any high-performance biomanufacturing drawing on India's genetic resources must obtain Prior Informed Consent (PIC) and negotiate Mutually Agreed Terms (MAT) under the Biological Diversity Act 2002.

The NBA is also developing guidelines for how companies accessing biological resources for synthetic biology, precision fermentation, and biofuels must declare use of biodiversity and share benefits. This regulatory coordination between DBT and MoEFCC/NBA is critical to prevent biopiracy even within domestic biotech research.

UPSC angle: The NBA-DBT coordination in the context of BioE3 Policy, the definition of biopiracy, and India's domestic ABS framework under the BD Act are Mains GS-3 topics.

Biological Diversity (Amendment) Act 2023 — Implementation Updates

The Biological Diversity (Amendment) Act 2023, which amended the Biological Diversity Act 2002, became operational in 2024. Key changes include exempting AYUSH practitioners from ABS procedures for codified traditional knowledge, simplifying research approvals for Indian researchers, and decriminalising certain procedural violations (replacing jail terms with penalties). These amendments aimed to ease regulatory burden on domestic users while maintaining international ABS commitments.

However, environmental organisations raised concerns that the exemptions may weaken biodiversity protection by removing oversight from large-scale traditional knowledge commercialisation. NBA issued clarifications in 2024 on the scope of exemptions for local communities, AYUSH companies, and academic researchers.

UPSC angle: The 2023 BD Amendment Act, its key changes (AYUSH exemption, decriminalisation), and the balance between ease of doing research and conservation is a high-value Mains topic.

Biological Diversity Rules 2024 and ABS Regulations 2025 — Full Implementation (2025)

The Biological Diversity Rules 2024, notified on 22 October 2024 (effective 22 December 2024), replaced the 2004 Rules to operationalise the 2023 Amendment Act. Key changes include updated fee structures, digitised application systems for Prior Informed Consent (PIC) and Access and Benefit Sharing (ABS), and revised criteria for identifying Significant Data Fiduciaries in biodiversity access contexts.

In June 2025, the government notified the Biological Diversity (Access to Biological Resources and Knowledge Associated thereto and Fair and Equitable Sharing of Benefits) Regulations, 2025 — replacing the 2014 ABS Regulations. The new regulations set a tiered benefit-sharing structure: no benefit sharing for entities with annual turnover up to ₹5 crore; 0.2% of gross ex-factory sale price for ₹5–50 crore turnover; 0.4% for ₹50–250 crore; and 0.6% for turnover above ₹250 crore. The reduced benefit-sharing ratio to claimers (85–90%, down from 95% under the 2014 Regulations) was criticised by conservation advocates.

UPSC angle: BD Rules 2024 (effective December 2024), ABS Regulations 2025 (June 2025 notification), the tiered benefit-sharing percentages, and the reduction in claimers' share (95% → 85–90%) are current implementation details with Mains and Prelims relevance.

PYQ Relevance

• 2022 GS3: "What is biopiracy? How does the Nagoya Protocol address it?" Direct question.
• 2020 GS3: "Discuss the role of local communities in biodiversity conservation." BMCs and PBRs are the answer.
• 2018 GS3: "Biological Diversity Act — provisions and implementation challenges." NBA structure and PBR network needed.
• Prelims 2023: NBA headquarters, Nagoya Protocol year, CBD objectives — all frequently asked.

Exam Strategy

Critical dates:

• Biological Diversity Act: 2002
• NBA established: 2003 (Chennai)
• Nagoya Protocol ratified by India: 9 October 2012
• Nagoya Protocol in force: 12 October 2014
• BD Amendment Act: 2023 (in force 1 April 2024)

Mains framing: Always connect ABS to the three CBD objectives (conservation, sustainable use, fair benefit sharing). Nagoya Protocol is specifically about the third objective. Use the turmeric biopiracy case to make answers concrete.

Link to Ujiyari.com for updates on the Kunming-Montreal Global Biodiversity Framework (2022) and India's commitments under the 30×30 target.