Context
- India submitted its 1st National Report (NR1) on Nagoya Protocol (2017–2025), highlighting progress in Access and Benefit Sharing (ABS) under the Convention on Biological Diversity (CBD).
- The report reflects India’s efforts in biodiversity governance, community participation, and equitable sharing of genetic resource benefits, positioning India as a global leader in ABS implementation.
Relevance
- GS Paper II: International Relations (multilateral environmental agreements, global governance)
- GS Paper III: Environment (biodiversity, ABS), Economy (bioeconomy), Governance (decentralisation)
Practice Questions
Q.“India has emerged as a global leader in Access and Benefit Sharing (ABS) under the Nagoya Protocol.” Examine the institutional and legal factors behind this success. (250 words)
Institutional Framework
- India has designated National Focal Point (MoEFCC) and Competent National Authority – National Biodiversity Authority (NBA) for implementation of the Protocol.
- A three-tier structure operates:
- NBA (National level)
- State Biodiversity Boards (SBBs/UTBCs)
- Biodiversity Management Committees (BMCs)
- Over 2.76 lakh BMCs established, ensuring decentralised and participatory biodiversity governance.
Legal & Policy Framework
- Core legislation: Biological Diversity Act, 2002 (amended 2023), BD Rules 2024, and ABS Regulations 2025 operationalise Nagoya Protocol in India.
- Framework mandates Prior Informed Consent (PIC) and Mutually Agreed Terms (MAT) for access to genetic resources and associated traditional knowledge.
- India ensures transparent procedures, permits, and compliance mechanisms aligned with international ABS standards.
Access & Compliance Mechanism
- Access to genetic resources is subject to mandatory PIC in all cases, with approvals issued as agreements equivalent to permits.
- India issued 12,830 approvals and generated 3,556 IRCCs, accounting for ~60.24% of global IRCCs, indicating strong compliance leadership.
- Monitoring is enabled through Section 36A (BD Act) and digital ABS e-filing systems, enhancing traceability.
Benefit Sharing (ABS Outcomes)
- Monetary benefits collected: ~USD 34.6 million, with USD 16.83 million disbursed to local communities, BMCs, and stakeholders.
- Benefit-sharing rates range between 0.2%–0.6% of ex-factory sale price, ensuring equitable distribution.
- Over 210 individual benefit claimers and 10,414 BMCs benefited, strengthening community-based conservation models.
Community Participation & Equity
- Local communities recognised as “benefit claimers” under law, ensuring inclusion of traditional knowledge holders and conservers.
- BMCs and People’s Biodiversity Registers (PBRs) enable identification of resources and knowledge holders, enhancing grassroots governance and equity.
- Customary rights and practices are protected under Sections 7, 36, and 41 of BD Act, ensuring social justice dimension.
Digital Governance & Innovation
- Implementation supported by ABS e-filing portal, ABS Clearing-House (ABS-CH), and digital traceability systems for transparency.
- India issued the world’s first IRCC (2015), demonstrating early adoption of global compliance tools.
- Ongoing development of end-to-end ABS digital platforms aims to streamline procedures and improve monitoring.
Global Leadership & Cooperation
- India contributes significantly to global ABS governance with highest share (~60%) of IRCCs and active participation in CBD frameworks.
- Collaborations include ASEAN-India projects, GEF, UNDP BIOFIN, Indo-German ABS initiatives, strengthening international cooperation.
- Engagement in treaties like ITPGRFA and BBNJ Agreement (signed 2024) enhances India’s role in global biodiversity governance.
Multi-Dimensional Analysis
Environmental Dimension
- ABS framework promotes in-situ conservation, sustainable use of biodiversity, and reduces biopiracy risks, strengthening ecological resilience.
Economic Dimension
- Monetisation of genetic resources creates bio-economy opportunities, supports livelihoods, and incentivises conservation through benefit-sharing mechanisms.
Governance Dimension
- India’s decentralised, participatory model with BMCs ensures bottom-up governance, transparency, and accountability in biodiversity management.
Social / Ethical Dimension
- Ensures equity and justice by recognising rights of local communities and traditional knowledge holders, aligning with principles of environmental justice.
Legal Dimension
- Strong statutory backing through BD Act, Rules, and Regulations, with enforcement mechanisms including NGT appeal provisions, ensures legal robustness.
Challenges
- Difficulty in tracing origin of biological resources due to market intermediaries weakens benefit-sharing linkages.
- Limited awareness among users and local communities, along with language barriers, affects effective implementation of PIC and MAT processes.
- Lack of designated checkpoints and complexity in IRCC documentation slows compliance and monitoring.
- Emerging issues like Digital Sequence Information (DSI) pose regulatory and governance challenges.
Way Forward
- Strengthen digital traceability systems and designate formal checkpoints for effective monitoring of genetic resource utilisation.
- Enhance capacity-building and awareness programmes for communities, industries, and researchers to improve compliance.
- Simplify ABS procedures through integrated digital platforms and standardised documentation formats.
- Develop clear frameworks for DSI governance and strengthen international cooperation for harmonised ABS implementation.
Conclusion
- India’s NR1 demonstrates a globally leading, community-centric ABS framework, but achieving full effectiveness requires addressing traceability, awareness, and emerging technological challenges, ensuring sustainable and equitable biodiversity governance.
