Amended biological diversity law raises fear of loss for tribals

A recent amendment to the Biological Diversity Act would help the traditional segment in expanding its footprint in health and wellness, according to industry, but environmentalists fear that exempting Ayush practitioners from paying Access and Benefit Sharing (ABS) would hamper the tribal community.

Last week, the Centre notified the Biological Diversity (Amend­ment) Act, 2023, which is aimed at simplifying access to the country’s rich biodiversity for research and development while ensuring environmental protection and fair benefits to local communities.

ABS is a compensatory amount typically paid to tribal and other communities with a tradition of gathering, safeguarding, and utilising herbs and medicinal plants crucial for the Ayush industry. Ayush includes ayurveda, yoga and naturopathy, unani, siddha and sowa rigpa, and homoeopathy. Manufacturers who sell such medicines or treatments are clubbed under the Ayush industry.

A spokesperson from the Ayurvedic Medicine Manufacturers Organisation of India told Business Standard that the amendment would empower Ayush drug manufacturers to expand their market presence within the broader health and wellness industry. However, Debadityo Sinha, lead, climate and ecosystems, Vidhi Centre for Legal Policy, said that the government has curtailed the potential revenue of tribals, whose livelihood depends on herbs, by exempting Ayush practitioners.

The mandated percentage of earnings that goes as ABS ranges from 0.1 to 0.5 per cent of sales, depending on the company’s revenue, according to Ayush industry estimates.

Sinha expressed concerns about ambiguity in the definition of Ayush practitioners. “If a person cultivates herbs without registering a company and then sells them to companies, there is no way to control that. To prevent exploitation, the scope of the term ‘Ayush practitioner’ should be clearly defined.”

In addition to the ABS exemption, the decriminalisation of biodiversity offences is a bone of contention.

While environmentalists have raised questions, Union Minister for Environment, Forest and Climate Change Bhupender Yadav, while introducing the Bill in Parliament, had said that the decriminalisation was aimed at “reducing the fear among the stakeholders for effective compliance”.

The amendment aims at encouraging cultivation of medicinal plants and easing the compliance burden on Indian companies, Yadav said, adding, “This is to be achieved by easing the burden on wild medicinal plants through the encouragement of their cultivation.”

A long journey

The Ministry of Environment, Forest and Climate Change (MoEFCC) first proposed the Biological Diversity Amendment Bill in 2021 after Ayush industry bodies conveyed to the expert committee established by the former that Indian entities were not obligated to pay ABS, and State Biodiversity Boards were not authorised to collect it.

The industry contends that Ayush includes traditional knowledge and cultural practices and the payment of ABS is doubling charges for practices rooted in historical and cultural contexts.

During the month-long period for public comments, a total of 1,217 responses were received. Subsequently, a Joint Parliamentary Committee (JPC) scrutinised the Bill and submitted its report in August 2022, accompanied by various recommendations.

The government accepted most of the JPC’s suggestions and introduced a revised Bill in the Lok Sabha on July 20, 2023. This revised version was passed in the Lok Sabha on July 25 and the Rajya Sabha on August 1. The Bill received the President’s approval on August 3, thereby becoming an Act.