Consider the following statements: 1. In India, the Biodiversity Management committees are key to the realization of the objectives of Nagoya Protocol. 2. The Biodiversity Management committees have important functions in determining access and benefit sharing, including the power to levy collection fees on the access of biological resources within its jurisdiction. Which of the statements given above is/are correct?
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- A1 only
- B2 only
- CBoth 1 and 2
- DNeither 1 nor 2
Show answer
Answer: (C) Both 1 and 2
Both statements are correct.
Statement 1:
Biodiversity Management Committees (BMCs) are set up by local bodies under the Biological Diversity Act, 2002, to promote conservation and document biodiversity.
They are important for implementing the Nagoya Protocol on fair sharing of benefits from genetic resources.
Statement 2:
BMCs prepare People's Biodiversity Registers (PBRs) recording local biological resources and traditional knowledge, and can charge fees for commercial access to biological resources.
Answer is (c) Both 1 and 2.
Biodiversity Management Committees are local-level statutory bodies under the Biological Diversity Act 2002 that can levy collection fees and control access to biological resources in their jurisdiction.
The Nagoya Protocol came into force in 2014 and requires countries to ensure fair benefit-sharing from genetic resources, making BMCs crucial for India's compliance at the grassroots level.
UPSC is testing whether students understand the connection between international biodiversity agreements and India's domestic implementation through local institutions.
Biodiversity Management Committees
Environment Biodiversity Management committees collection fees biological resources
Biodiversity Management Committees: Structure, Functions & Powers
BMCs are constituted by local bodies under Biological Diversity Act, 2002
They prepare People's Biodiversity Registers (PBRs) documenting local resources
BMCs can levy collection fees on commercial access to biological resources
Key implementing bodies for Nagoya Protocol objectives in India
Biodiversity Management Committees (BMCs) are grassroots institutions established under the Biological Diversity Act, 2002 to ensure community participation in biodiversity conservation and benefit-sharing at the local level.
BMC Structure & Composition
Aspect | Details |
|---|---|
Constituted by | Local bodies (Panchayats, Municipalities) |
Chairperson | Chairperson of Panchayat or nominee |
Members | 6 persons nominated by local body |
Representation | 1/3rd women, experts in traditional medicine, forest dependent communities |
Term | 3 years |
Key Functions of BMCs
Prepare and maintain People's Biodiversity Registers (PBRs) containing comprehensive information on availability and knowledge of local biological resources
Advise on matters relating to access to biological resources and associated traditional knowledge within their jurisdiction
Maintain data about local vaids and hakims and their medicinal practices
Levy charges by way of collection fees from any person accessing or collecting biological resources for commercial purposes
Issue licenses for access to biological resources and traditional knowledge
Question Context
This question tested understanding of BMCs' dual role: implementing Nagoya Protocol objectives (Statement 1) and their fee collection powers (Statement 2). Both statements correctly describe BMC functions under Indian biodiversity law.
Confusion with SBBs: BMCs operate at local level, State Biodiversity Boards at state level, National Biodiversity Authority at national level
Fee vs Fine: BMCs levy collection fees for resource access, not penalty fines
PBRs are mandatory: Not optional documentation - BMCs must prepare People's Biodiversity Registers
Commercial vs traditional use: Fee collection applies to commercial access, not traditional community use
Nagoya Protocol on ABS
Environment Nagoya Protocol
Nagoya Protocol: Access & Benefit Sharing Framework
Nagoya Protocol is supplementary agreement to CBD on Access and Benefit Sharing
India ratified in 2012 and implemented through Biological Diversity Act, 2002
Focuses on fair sharing of benefits from genetic resources utilization
Adopted in 2010, entered into force in 2014
The Nagoya Protocol on Access and Benefit-sharing (ABS) is a supplementary agreement to the Convention on Biological Diversity (CBD) that provides a legal framework for fair and equitable sharing of benefits arising from utilization of genetic resources.
ABS Framework Components
Component | Description | India's Implementation |
|---|---|---|
Access | Obtaining genetic resources from provider country | Prior informed consent through NBA/SBB |
Benefit Sharing | Fair distribution of commercial benefits | Benefit sharing agreements mandatory |
Traditional Knowledge | Indigenous knowledge associated with genetic resources | Protected through PBRs and community protocols |
Compliance | Monitoring utilization in user countries | Biological Diversity Act, 2002 compliance mechanism |
Nagoya Protocol Objectives
# Nagoya Protocol Goals
## Access
- Prior informed consent
- Mutually agreed terms
- Legal certainty
## Benefit Sharing
- Monetary benefits
- Technology transfer
- Capacity building
- Research collaboration
## Traditional Knowledge
- Community protocols
- Indigenous rights
- Documentation
- Protection measuresIndia's ABS Implementation
Three-tier structure: National Biodiversity Authority (NBA), State Biodiversity Boards (SBBs), Biodiversity Management Committees (BMCs)
Prior approval required for access by foreign individuals/entities and Indian entities for commercial use
Benefit sharing mandatory for commercialization - percentage of annual gross revenue or lump sum
People's Biodiversity Registers document traditional knowledge and ensure community participation in benefit sharing
Protocol vs Convention: Nagoya Protocol supplements CBD, not a standalone treaty
ABS scope: Covers genetic resources and associated traditional knowledge, not all biodiversity
User vs Provider: India is primarily a provider country of genetic resources, developed countries are mainly users
Mandatory vs voluntary: ABS obligations are legally binding under international law, not voluntary guidelines
People's Biodiversity Registers
Environment People's Biodiversity Registers
People's Biodiversity Registers: Community Documentation System
PBRs are comprehensive databases of local biological resources and traditional knowledge
Prepared and maintained by BMCs with community participation
Document folk varieties, traditional practices, and local knowledge systems
Provide evidence for benefit sharing claims and intellectual property protection
People's Biodiversity Registers (PBRs) are comprehensive databases that document local biological resources, associated traditional knowledge, and sustainable practices of communities, serving as legal evidence for benefit-sharing claims.
PBR Documentation Components
Category | What is Documented | Purpose |
|---|---|---|
Biological Resources | Local flora, fauna, microorganisms, varieties | Resource mapping and conservation |
Traditional Knowledge | Medicinal uses, agricultural practices, processing methods | Knowledge protection and benefit sharing |
Folk Varieties | Local crop varieties, landraces, breeds | Farmers' rights protection |
Traditional Practitioners | Vaids, hakims, traditional healers | Knowledge holder identification |
Conservation Practices | Traditional conservation methods, sacred groves | Sustainable practice documentation |
PBR Preparation Process
%%{init: {"flowchart": {"wrappingWidth": 460}}}%%
flowchart TD
s1["`**Community Consultation**
BMC organizes **gram sabha meetings** and community consultations`"]
s2["`**Resource Survey**
**Participatory surveys** to identify and document local biological resources`"]
s3["`**Knowledge Documentation**
Recording **traditional knowledge** from elders, practitioners, and community members`"]
s4["`**Validation**
**Community validation** of documented information through local meetings`"]
s5["`**Registration**
**Final PBR** submitted to SBB and made available to community`"]
s1 --> s2
s2 --> s3
s3 --> s4
s4 --> s5Legal Significance of PBRs
Legal evidence for establishing community rights over biological resources and traditional knowledge
Prior art documentation to prevent biopiracy and unauthorized patenting of traditional knowledge
Basis for benefit sharing when traditional knowledge is used for commercial purposes
Tool for conservation planning and sustainable resource management at local level
Mandatory preparation: PBRs are mandatory for BMCs, not optional documentation
Community ownership: PBRs establish community rights, not individual intellectual property
Living documents: PBRs should be regularly updated, not one-time documentation
Legal vs academic: PBRs have legal status under Biological Diversity Act, unlike academic biodiversity studies
Biological Diversity Act 2002
Environment Biological Diversity Act
Biological Diversity Act 2002: India's ABS Legal Framework
Enacted in 2002 to implement CBD and Nagoya Protocol obligations
Establishes three-tier regulatory structure: NBA, SBBs, BMCs
Regulates access to biological resources and benefit sharing
Protects traditional knowledge and prevents biopiracy
The Biological Diversity Act, 2002 provides comprehensive legal framework for conservation of biodiversity, sustainable use of biological resources, and fair sharing of benefits arising from their utilization in India.
Three-Tier Regulatory Structure
Level | Institution | Key Functions | Jurisdiction |
|---|---|---|---|
National | National Biodiversity Authority (NBA) | Regulate foreign access, approve benefit sharing | Entire India |
State | State Biodiversity Boards (SBBs) | Regulate commercial use by Indians, coordinate with BMCs | State level |
Local | Biodiversity Management Committees (BMCs) | Prepare PBRs, levy collection fees, local conservation | Panchayat/Municipality level |
Act's Key Provisions
# Biological Diversity Act 2002
## Access Control
- Prior approval for foreigners
- Intimation for commercial use
- Prohibited activities
## Benefit Sharing
- Mandatory agreements
- Equitable sharing
- Community participation
## Conservation
- Biodiversity heritage sites
- Ex-situ conservation
- Sustainable use
## Traditional Knowledge
- PBR documentation
- Farmers' rights
- Anti-biopiracy measuresRegulated Activities
Foreign access to biological resources requires prior approval from NBA
Commercial utilization by Indian entities requires intimation to SBB
Transfer of research results to foreigners prohibited without NBA approval
IPR applications based on Indian biological resources must disclose source and obtain NBA clearance
Act vs Rules: Biological Diversity Act 2002 is the main law, Rules 2004 provide implementation details
Approval vs Intimation: Foreigners need prior approval, Indians need intimation for commercial use
Research vs Commercial: Different regulations for research access vs commercial utilization
Traditional vs Modern: Act protects traditional knowledge, not modern biotechnology patents per se