THE BIOLOGICAL DIVERSITY BILL, 2000. : AN EVALUATION 

-         M.K. RAMESH

 On May 15^th of this year the government introduced the Biological Diversity Bill, (“the Bill”), in the Parliament. Perhaps no other legislative effort in independent India, evoked as much academic interaction, criticism and public debate, besides a flurry of activities on the Activists front, as this bill produced.  The sheer volume of literature generated in this regard is indeed staggering. The government, over a period of 6 years time, came up with about half a dozen draft bills, before tabling it in the highest legislature, in the present form. Why this sudden interest in biodiversity and a sustained effort in keeping alive a debate? Why should we, as individuals and as citizen of this great country be concerned about this? Would this law affect and alter our lives for ever, as quite a few believe? These and many more such questions make one reflect upon the provocations for this intended piece of legislation, its content, its likely impact and what needs to be done, if there is anything found wanting in the current effort in law-making on the subject.

 Alarming increase in the loss and extinction of a variety of species of plants and animals, a growing threat to the ecological systems and survival of life forms including human beings, are a major provocation for this development. The “green gold”, as the lush green forests endowed with rich medicinal plants are called, have attracted global pharmaceutical industries to make a bee-line to this honey-comb, to do trillions of dollars of business. This invasion into the rich biodiversity “hotspots” of the third world – with India having two of them – indiscriminately plundering them and committing “bio-piracy”; decimating traditional knowledge systems and privatizing community interest in the resources, must have been the other causes for concern. The international community responded to this challenge through a legal design, entitled: The Convention Bio-Diversity in 1992. India too subscribed to this legal fence in 1994. The Convention seeks to protect Bio-Diversity in its natural habitat and in laboratory conditions. It also requires recognition of traditional conservation techniques, equitable benefit sharing and utilization of genetic resources and enacting of national legislations to control and regulate “Bio-prospecting” – an expression used for accessing and exploiting the bio-diversity for commercial purposes. In fulfilling its obligation, the Government of India has come up with this Bill. 

 The Bill seeks to ensure free access to resource for use in India for non-commercial purpose and check theft of the rich bio-diversity through patenting in foreign countries as it happened in the cases of Neem, Basmathi and turmeric. The Bill asserts that access to local biological resources and use of community knowledge by others is henceforth possible, only with the consent and involvement of the concerned community and that too only after entering into a benefit-sharing arrangement. It prohibits transfer of Indian genetic material outside the country without specific approval of the government.  Anyone wanting to obtain intellectual property rights over such material or knowledge should seek the requisite permission in advance. Levy of fees and royalties on such transfers and patent rights are also provided for.

 By issuance of a declaration for the constitution of Bio-diversity Heritage Sites, the Bill seeks to conserve and protect habitats and species. Requirement of Environment Impact Assessment of all projects impacting on bio-diversity and integration of bio-diversity conservation concerns in all sectoral policies, plans and programmes are some of the major highlights of the Bill.

 The Bill creates an elaborate three tier administrative structure:  The   National Bio-diversity Authority at the apex, State Bio-diversity Boards at the middle level and a Bio-diversity Management Committee within every Panchayat and Municipal Body. The National Authority grants approvals and regulates activities concerning access to and use of resources. It also advises the Central Government on measures for conservation, sustainable use and benefit-sharing. The National and State Bodies are imposed with a duty to consult the local management committee before deciding on use of biological resources and knowledge associated with them. The Bill refers to a Bio-diversity Fund created out of the fees and royalties etc., and its use for purposes of conservation and benefit-sharing.

 The framework of the Law appears to give an impression of an ideal body of law, going by its stated objectives of protecting national interests and native wisdom associated with India’s rich biological diversity. However, like most of the Environment related laws in India, this bill too, appears to have the weaknesses of poor vision and difficulty of implementation.

 The Bill has a sectoral approach. It does not deal with every aspect of Bio-diversity, nor would it relate to legislations that deal with the other aspects of bio resources. This leads to a difficulty. The difficulty of making different legislations and a plethora of authorities created under them (like, the Forest, Forest Conservation and Wildlife Protection Acts etc.,)to work in harmony with those created under this law. As if this is not sufficient, many more legislations are underway (like, those concerning Geographical Appellations, Breeders’ Rights and Farmers’ Rights). How would they work with other related institutions, is any body’s guess.

 The system of administration and management structures evolved under the Bill, too require, a reexamination. While the Bill insists on consultation within the rank and file of administration, it needs to extend the same to a number of other institutions, especially research-oriented institutions  like, zoological and Biological survey of India, and strengthen consensus-building in decision-making processes. Further, the Bill is also not free from the tendency to centralize power, as many other legislations suffer from. This definitely runs counter to our constitutional evolution, which is at the doorstep of making the Gram Sabha, the unit and the root of democratic governance in the country.

 An idea that is firmly rooted in our system of governance is that there is an imperative need to enact a new law for every international agreement we enter into. This Bill is no exception to such a belief. Very little effort appears to have gone into a through review of the existing body of laws. Compatibility of the new effort with the ever evolving Constitution and the possibility of the absorption of the ideas expressed in this Bill within the scheme of laws already in force. This also brings to sharp focus the nature and extent of advance preparation that the Indian delegation would make in international negotiations, in protecting our national interest. Time is overripe for such an effort.

 The Bill and its antecedents have been the subject of wide-ranging debates and dissent. This must be viewed as an opportunity for a thorough reevaluation of all bio-diversity related laws in India. It is not a mere coincidence that more we legislate and more authorities we create to protect and conserve our environment, it is getting degraded more rapidly. It is also not a mere coincidence that most of these laws are of colonial vintage. It is high time, we made laws that work and dump those that have no social relevance and outlived their utility. At a time when the Constitution, the very fundamental law of the land, is getting reviewed, sufficient legal acumen and political will, need have to be displayed in the making of laws, to ensure GOOD ENVIRONMENTAL GOVERNANCE. The Biological-Diversity Bill as it stands now, not withstanding its lofty objectives, is sans teeth, sans eyes - a mere cadavere!.