National Biodiversity Authority disburses ₹2.82 crore under Access and Benefit-Sharing mechanism

The recent disbursement of ₹2.82 crore by the National Biodiversity Authority (NBA) under the Access and Benefit-Sharing (ABS) mechanism marks a significant milestone in India's journey toward operationalising the fair and equitable sharing of benefits arising from the utilisation of biological resources. This development is not merely a financial transaction; it represents the concrete implementation of the Biological Diversity Act, 2002, and India's international commitments under the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization (2010), to which India became a Party in 2012. The background to this disbursement lies in the fundamental principle of the Convention on Biological Diversity (CBD), adopted at the Rio Earth Summit in 1992, which recognises the sovereign rights of states over their natural resources. India, as a megadiverse country hosting 7-8% of the world's recorded species on just 2.4% of the global land area, has a vast repository of genetic resources and associated traditional knowledge. The Biological Diversity Act, 2002, was enacted to give effect to the CBD, establishing a three-tier institutional structure: the National Biodiversity Authority (NBA) at the apex, State Biodiversity Boards (SBBs) at the state level, and Biodiversity Management Committees (BMCs) at the local body level (Panchayats and Municipalities). The key stakeholders in this mechanism are diverse. Commercial entities — pharmaceutical companies, biotechnology firms, cosmetic industries, and agricultural businesses — that access biological resources or associated traditional knowledge for research or commercial utilisation are required to seek prior approval from the NBA (for foreign entities/NRIs) or intimate the concerned SBB (for Indian entities). They are mandated to share monetary benefits (royalties, licence fees, upfront payments) and/or non-monetary benefits (technology transfer, capacity building, research collaboration). The NBA acts as the regulator and facilitator, while SBBs and BMCs are the implementers and ultimate beneficiaries at the grassroots. The recent disbursement of ₹2.80 crore to 27 SBBs and 3 Union Territory Biodiversity Councils demonstrates the federal character of biodiversity governance in India, aligning with the cooperative federalism envisaged under Article 246 and the Seventh Schedule of the Constitution, where 'forests' and 'protection of wild animals and birds' fall under the Concurrent List (Entry 17A and 17B), and 'local government' is a State subject (Entry 5, List II). The significance for India is multi-dimensional. Economically, it creates a legal framework for monetising biodiversity sustainably, incentivising conservation. Socially, it empowers local communities — particularly tribal and rural populations who are the traditional custodians of biodiversity — by channelising benefits to BMCs for conservation activities, livelihood support, and documentation of People's Biodiversity Registers (PBRs). Politically, it strengthens India's standing in global environmental negotiations, showcasing domestic compliance with the Nagoya Protocol and the post-2020 Kunming-Montreal Global Biodiversity Framework (GBF), particularly Target 13 on benefit-sharing. It also addresses biopiracy concerns, ensuring that India's genetic wealth — from neem and turmeric to medicinal plants of the Western Ghats and Himalayas — is not exploited without due compensation. Constitutionally, the Act draws strength from Article 48A (Directive Principle: State shall endeavour to protect and improve the environment and safeguard forests and wildlife) and Article 51A(g) (Fundamental Duty of citizens to protect and improve the natural environment). The 2023 amendment to the Biological Diversity Act (Biological Diversity (Amendment) Act, 2023) further streamlined processes, decriminalised certain offences, encouraged Indian systems of medicine, and simplified compliance for AYUSH practitioners and registered farmers, reflecting the evolving policy landscape. Looking ahead, the future implications are profound. As India pushes for a 'Green Economy' and 'LiFE' (Lifestyle for Environment) movement, the ABS mechanism could become a significant source of conservation finance. The challenge lies in scaling up — currently, the number of approved ABS agreements is limited, and many BMCs remain non-functional. Strengthening the capacity of SBBs and BMCs, digitising the ABS application process via the NBA's e-portal, ensuring transparency in fund utilisation, and expanding the scope to include digital sequence information (DSI) — a hot topic at CBD COP16 — will be critical. This disbursement is a beginning; the true test lies in making benefit-sharing a routine, robust, and transformative instrument for biodiversity conservation and community welfare in India.