Prelims facts, Mains analysis and current-affairs linkage
Context The National Biodiversity Authority (NBA) has notified the Biological Diversity (Access to Biological Resources and Knowledge Associated thereto and Fair and Equitable Sharing of Benefits) Regulation, 2025. What is Access and Benefit Sharing (ABS)? ABS refers to the framework through which benefits arising from the use of biological resources and associated traditional knowledge are shared fairly and equitably with the communities that have conserved these resources.
New Rules for Access and Benefit Sharing of Biodiversity: Analytical Insights
Regulation of biological resources through Access and Benefit Sharing (ABS) reflects the principle of equitable justice vs economic efficiency. The newly notified Biological Diversity (Access to Biological Resources and Knowledge Associated thereto and Fair and Equitable Sharing of Benefits) Regulation, 2025, aims to streamline benefit-sharing mechanisms while balancing conservation, community rights, and industry regulation. Driven by the Nagoya Protocol and the Biological Diversity Act, such frameworks prioritize transparency and inclusivity in biodiversity governance.
UPSC Relevance Snapshot
- GS-III (Environment and Ecology): Biodiversity conservation policies, ABS framework, India’s role under Nagoya Protocol.
- GS-II (Governance): Institutional mechanisms like NBA and BMCs.
- Essay Paper: Themes like “Environment vs Development” and “Role of Local Communities in Conservation.”
Conceptual Clarity: Frameworks and Mechanisms in ABS
Equitable Justice vs Economic Efficiency
The regulation navigates between equitable justice (community rights and intergenerational equity) and economic efficiency (industry growth and minimizing compliance burden). India’s ABS model attempts to integrate socio-environmental goals with economic competitiveness.
- Equitable Justice: Benefits directed largely to local claimants (up to 90%) via Biodiversity Management Committees (BMCs).
- Economic Efficiency: Turnover-based benefit slabs promote predictable compliance for industries across pharmaceuticals, cosmetics, and biotechnology.
Global Anchoring: India’s Role in Nagoya Protocol
The Nagoya Protocol is a key international framework ensuring the fair sharing of benefits from genetic resources. India, as a major biodiversity hotspot, operationalizes this protocol via the Biological Diversity Act, 2002, and its 2023 amendment, aligning with global obligations.
- Nagoya Protocol (2010): Transparent framework for benefit sharing, entered into force in 2014.
- COP16 (Cali, Colombia): Inclusion of Digital Sequence Information (DSI) emerged from this meeting, now part of India’s regulation.
Evidence and Data Analysis of the 2025 Regulation
The 2025 regulation transforms previous guidelines and introduces turnover-based sharing, exemption criteria, and coverage for high-value resources.
| Aspect | Previous Guidelines (2014) | New Regulation (2025) |
|---|---|---|
| Turnover-based Benefit Sharing | Lacked clarity; flat rate proposed | Progressive slabs: 0.2%–0.6% turnover-based sharing |
| Digital Sequence Information (DSI) | Excluded | Included per COP16 guidance |
| High-Value Resource Revenue | No specific provision | 5%–20% auction/sale proceeds shared |
| Cultivated Medicinal Plants | No exemptions | Exempted with Ministry of Environment notification |
Critical Evaluation: Limitations and Open Questions
The regulation is a progressive step but leaves unresolved debates surrounding key aspects like bureaucracy and community compensation.
- Administrative Complexity: Filing annual statements for turnover above ₹1 crore may burden MSMEs.
- Community Compensation Challenge: Direct benefit transfer mechanisms through BMCs could face issues of mismanagement.
- Lack of Local Customization: Does not differentiate between economic and cultural values of specific resources.
Structured Assessment
- Policy Design: Progressive turnover slabs and inclusion of DSI address gaps but require further diversity in benefit-sharing criteria.
- Governance Capacity: NBA’s centralized oversight may struggle with implementation across India’s ecological diversity.
- Behavioral/Structural Factors: Local communities may face barriers in negotiating auction proceeds, magnifying structural inequities.
Exam Integration
Prelims Practice Questions
- Which international agreement underpins the concept of Access and Benefit Sharing (ABS)?
- Rio Declaration
- Convention on Biological Diversity (CBD)
- Paris Agreement
- Stockholm Convention
Answer: B
- What does Digital Sequence Information (DSI) include as per India’s 2025 regulation?
- Physical genetic material only
- Digital codified information on genetic resources
- Patent information on genetic products
- Metadata on biodiversity indices
Answer: B
Mains Practice Question
250 words: Examine how the Biological Diversity (Access to Biological Resources and Knowledge Associated thereto and Fair and Equitable Sharing of Benefits) Regulation, 2025 addresses the tension between community rights and industrial growth while operationalizing India’s obligations under the Nagoya Protocol.
Frequently Asked Questions
What is the primary purpose of the Biological Diversity (Access to Biological Resources and Knowledge Associated thereto and Fair and Equitable Sharing of Benefits) Regulation, 2025?
The primary purpose of the 2025 regulation is to streamline benefit-sharing mechanisms related to biodiversity while balancing the needs of conservation, community rights, and industry regulation. It aims to promote transparency and inclusivity in governance by aligning India’s policies with the Nagoya Protocol.
How does the 2025 regulation address the economic efficiency and equitable justice principles in relation to biodiversity?
The 2025 regulation navigates between economic efficiency and equitable justice by ensuring that a significant portion of the benefits (up to 90%) is directed to local claimants through Biodiversity Management Committees. At the same time, it introduces turnover-based benefit slabs for industries, which creates a predictable framework for compliance, thus fostering industrial growth.
What are some challenges and limitations associated with the implementation of the 2025 regulation for local communities?
Challenges include potential bureaucracy and issues surrounding community compensation, as the transfer mechanisms might face mismanagement. Additionally, the one-size-fits-all approach of the regulation does not account for the differing economic and cultural values of specific resources, which could lead to inequities in benefit-sharing.
Speak to LearnPro about the relevant course, notes, test series or answer-writing programme.