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International biodiversity attempts to create worldwide awareness about the conservation of Earth’s many living forms, which include plants, animals, and microorganisms, as well as their complicated interdependence. It is essential for sustaining food systems, producing medication, regulating climate, supporting water cycles, and preserving ecological equilibrium.
However, mounting concerns like industrialization, deforestation, pollution, and climate change jeopardize this fragile balance. In response, countries such as India have enacted legal frameworks such as the Biological Diversity Act of 2002 to promote sustainable use, conserve traditional knowledge, and empower local populations to preserve biodiversity.
The United Nations organizes International Biodiversity Day on May 22 each year to raise awareness and encourage biodiversity protection. Initially marked on December 29 (the day the Convention on Biological Diversity was enforced in 1993), the date was altered in 2000 to May 22 — the day the Convention was adopted at the 1992 Rio Earth Summit — to increase public awareness.
The day is strongly related to the Sustainable Development Goals (SDGs), which highlight topics such as sustainable agriculture, climate change, food and water security, health, forest protection, land degradation, and indigenous rights. The topic for 2025, “Harmony with Nature and Sustainable Development,” underlines the importance of pursuing human growth while maintaining ecological integrity.
Biodiversity is critical for human life and environmental stability, but it faces various risks, most of which are human-caused:
Climate Change: Global warming, erratic seasons, and increasing sea levels have altered habitats, putting many species on the verge of extinction.
Deforestation and habitat loss: Forests are being destroyed for agriculture, urban construction, and industrial enterprises, robbing wildlife of their natural habitats and endangering their survival.
Pollution: Chemical fertilisers, plastic trash, and industrial discharge pollute the air, water, and soil, causing harm to aquatic life, birds, and insects.
Invasive Species: Non-native species introduced from other areas frequently dominate and replace local species, upsetting environmental equilibrium.
Overexploitation of biological resources: Excessive commercial usage of plants, animals, and water resources causes significant biodiversity loss. Examples include overfishing and illicit hunting.
Lack of Sustainable Planning: Development initiatives are routinely implemented without first assessing environmental implications, making biodiversity conservation challenging.
To address biodiversity loss and control the use of biological resources, the Indian government passed the Biological Diversity Act of 2002, which was motivated by India’s commitment to the Convention on Biological Diversity. The law seeks to conserve biodiversity, assure sustainable use, and promote equitable benefit sharing, all while protecting traditional knowledge and community rights.
The key provisions include:
Section 3: Regulation of Access to Biological Resources.
Foreign nationals, NRIs, and organisations under foreign control must get prior consent from the National Biodiversity Authority (NBA) before using Indian biological resources.
Section 6: Application for Intellectual Property Rights.
NBA permission is essential for research based on Indian biological resources or traditional knowledge before filing for Intellectual Property Rights (IPR), whether domestically or internationally.
Section 7: Prior Intimation to State Biodiversity Board.
Indian citizens who wish to economically use biological resources must notify the State Biodiversity Board (SBB). Exemptions are allowed for local populations, farmers, traditional healers, and AYUSH medication consumers.
Section 8: Establishment of the National Biodiversity Authority.
This provision mandates that the central government establish the NBA, describing its structure and responsibilities.
Section 18: Functions and Powers of the Authority.
NBA is authorised to manage access to biological resources, advise governments, enforce benefit-sharing agreements, and prosecute unauthorised IPR claims abroad.
Section 21: Fair and Equitable Benefit Sharing.
The Act establishes explicit criteria for the equitable distribution of benefits obtained from the exploitation of biological resources and traditional knowledge among local and indigenous groups.
Section 22: Establishment of State Biodiversity Boards.
Each state must establish an SBB to regulate and maintain biodiversity within its control.
Section 24: Regulatory Powers of State Boards.
SBBs are authorised to prohibit any activities that endanger biodiversity protection.
Section 41: Biodiversity Management Committees (BMCs).
Local self-governments must establish Biodiversity Management Committees, which are in charge of recording and managing local biodiversity while also advocating sustainable use.
Section 52A: Appeal to the National Green Tribunal (NGT).
Disputes over benefit-sharing or access rights from NBA or SBB can be appealed to the National Green Tribunal (NGT).
Section 55: provides for penalties.
Violations, such as utilising biological resources without the proper licenses, are punishable under this Act.
Biodiversity protection has progressed beyond a voluntary commitment to be backed by legislative frameworks such as the Biological Diversity Act of 2002. This law promotes regulated access to biological resources, protects traditional knowledge, and fosters community participation.
Adv. Abdul Mulla presents this view on the connection of law and nature. He contributes insights on ecological and legal concerns through platforms such as www.asmlegalservices.in and www.lifeandlaw.in, contributing to educated public discourse.
Adv. Abdul Mulla (Mob. No. 937 007 2022) is a seasoned legal professional with over 18 years of experience in advocacy, specializing in diverse areas of law, including Real Estate and Property Law, Matrimonial and Divorce Matters, Litigation and Dispute Resolution, and Will and Succession Planning. read more….
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