Is an agreement with one village enough when several others also access the same resource?” she asks. Interpretation. �-�X7^9� ] ��, ��� �e�쳛A��'@� �z�� Anuradha.
x�b```�u�l! This “ABS potential” of the country is what needs to be studied better and understood, said Dr. V.B. This Act is decentralised for implementation. 2. Biological Diversity Rules, 2004; Exemption of Crops listed in the Annex I of the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA) from seeking approval of NBA under Section 3 and 4 of the Biological Diversity Act, 2002 Hearing dated 09.08.2019.
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Introduction According to various estimates, the potential value of biological diversity and genetic resources range anywhere between US$ 800 billion to US$ 1 156 0 obj
However, some countries including India are suggesting that DSI be brought under the purview of ABS with specific benefit sharing components agreed on prior to providing such sequence information,” he says. %PDF-1.6
In 2002, India became one of the first countries to enact a law, the Biological Diversity Act, to implement the treaty within its borders. For several reasons including lack of dialogue between different state departments, long-drawn patenting battles, talks of marketing jeevani have failed and the Kanis’ trust is not active anymore. Science 360 (6396), 1405-1406.
The Biological Diversity Act, 2002 is an Act of the Parliament of India for preservation of biological diversity in India, and provides mechanism for equitable sharing of benefits arising out of the use of traditional biological resources and knowledge.The Act was enacted to meet the obligations under Convention on Biological Diversity (CBD), to which India is a party. T��PMc�1��� As of today, there are SBBs in 29 states, and there are 2,44,727 BMCs (and an additional 4,371 BMCs in two Union Territories). (eds.
Ensuring that BMCs are functional is also a big challenge, added Kohli. 0000052097 00000 n
One such issue is that of the use of Digital Sequence Information (DSI) – where genetic sequence information available in the public domain is enough for the commercial development of products with no need for physical access – he says. Notably, it appoints the NBA as the “checkpoint” as per the mandate of the Nagoya Protocol. Pisupati and Bavikatte. “There are thousands of companies using bio-resources, but very few apply [to the NBA/SBB],” said the source.
“Monetary ABS reduces biodiversity or knowledge to a mere legal contract, where there is a raw material provider and a developer,” said Kohli. Identifying both beneficiaries and accessors is a concern in many cases, said an official from the NBA who did not want to be named. Read: CBD obstructs biological research that needs international collaboration and CBD: Can the cure kill? Medicinal Plant Biodiversity in India:Harnessing Opportunities for Promoting. 2020. KD Prathapan, R Pethiyagoda, KS Bawa, PH Raven, PD Rajan. Nautiyal et al. A new, revised set of ABS regulations – the Guidelines on Access to Biological Resources and Associated Knowledge and Equitable Sharing of Benefits Regulations, 2019 – is in the works and is likely to be notified this year. These guidelines regulate various aspects of benefit sharing: from the payment an applicant has to provide in return for the commercial use of a genetic resource, how much of that payment (95 percent) should reach local communities, to exemptions for collaborative research agreements. No. The reviews include reworking the draft to accommodate several timelines for different aspects of the ABS process, and computerising the entire system; moving to a “more transparent” mechanism and an online portal, clarified Mathur.
H�\��j�0��~ In October 2010, at its tenth meeting, the Conference of the Parties to the Convention on Biological Diversity (COP 10) adopted the Nagoya Protocol on
In 2018, scientists backed by 172 co-signatories from 35 countries wrote in the journal Science that obtaining field permits to access specimens for non-commercial research had become increasingly difficult.
Despite these challenges, many opine that ABS holds an “enormous” scope in India. Population status and floral biology of Trichopus zeylanicus ssp.
In many cases, the monetary benefits have not reached local communities. 0000001763 00000 n
471/2019. Though the NBA has designated several checkpoints to looks at issues of compliance, the implementation of actions by the checkpoints are unclear with limited monitoring and evaluation happening by the NBA on the role and actions of the checkpoints, he says.
But despite these treaties and legislations, “access continues while benefits remain illusory,” writes Kanchi Kohli, senior researcher at the Centre for Policy Research, and lawyer Shalini Bhutani in a 2011 briefing paper.
Though these monetary mechanisms of the ABS system shows a country’s compliance with the regime, researchers have also warned about considering benefits as being purely monetary. Sasikala, N. & R. Ramasubbu (2019). Abstract or Summary. “This is even more difficult than resource-based benefit sharing. 0000038136 00000 n
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4 of 2018. www.cag.gov.in.
Book chapter in Niranjan Roy et al. h�mo�6ǿ
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For instance, the CAG report on Andhra Pradesh in September 2018 noted that even after a decade of the formation of the state biodiversity board, “the state had not attained the level of preparedness necessary for the implementation of the Biological Diversity Act.” Out of 13,725 local bodies, only 2,908 had formed BMCs; of these, only 75 had prepared biodiversity registers.
In these Regulations, unless the context otherwise requires – “access” means obtaining, possessing and using genetic resources conserved, After India ratified the CBD, there was no looking back.
For local communities, the ‘chase’ for benefits is still not over; unfortunately, that is the case and will be for a while for at least four reasons, wrote Kohli in an email to Mongabay-India.
In September 2019, the National Green Tribunal came down heavily on 14 states, including Karnataka, for “zero” progress in creating biodiversity registers. One of the reasons cited for this is a lack of guidelines from the NBA on the modalities for sharing benefits, though guidelines for the same were framed in 2013 by a committee chaired by eminent scientist M.S. Recent developments in science and technology have challenged some elements of the Protocol on the ABS, says Pisupati. Asian Biotechnology and Development Review.