Previous Year Question
Consider the following statements:
In India, the Biodiversity Management Committees are key to the realisation of the objectives of the Nagoya Protocol.
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?
Only 1
Only 2
Both 1 and 2
Neither 1 nor 2
Correct Answer: C
Detailed Solution
Statement 1 is correct.
The Nagoya Protocol is an agreement under the Convention on Biological Diversity concerning access to genetic resources and the fair and equitable sharing of benefits arising from their utilisation.
It was adopted in Nagoya, Japan, in 2010 and entered into force in 2014.
Its principal objective is to ensure appropriate access to genetic resources and the equitable sharing of benefits arising from their utilisation with the provider country and the concerned communities.
In India, Biodiversity Management Committees play a role at the local level in conserving and documenting biological resources and the traditional knowledge associated with them.
Under Section 41 of the Biological Diversity Act, 2002, every local body is required to constitute a Biodiversity Management Committee within its area.
BMCs assist in recording details of local biological resources, their uses and associated traditional knowledge in the People’s Biodiversity Register.
Access and Benefit Sharing cannot be implemented effectively without identifying the actual holders of local resources and traditional knowledge.
Therefore, BMCs operating at the local level are important for realising the objectives of the Nagoya Protocol.
Statement 2 is correct.
Under the Biological Diversity Act, 2002, the National Biodiversity Authority and State Biodiversity Boards are required to consult the concerned BMC while taking decisions concerning the use of biological resources and associated knowledge found within its territorial jurisdiction.
BMCs provide local information concerning biological resources, their traditional uses and the communities conserving them.
Section 41 of the Act empowers a BMC to levy a collection fee on a person accessing or collecting biological resources for commercial purposes from areas within its jurisdiction.
This fee does not automatically apply to every form of ordinary or non-commercial use; it relates to access or collection of resources for commercial purposes.
BMCs also assist in identifying local communities and holders of traditional knowledge who are eligible to receive benefits.
Through them, benefits may be shared in monetary or non-monetary forms.
Non-monetary benefits may include technology transfer, local capacity building, participation in research and institutional assistance for the community.
Thus, BMCs are important institutions for implementing the Access and Benefit Sharing arrangement at the local level.
Institutional arrangement in India
The National Biodiversity Authority functions at the national level.
State Biodiversity Boards function at the State level.
Biodiversity Management Committees function at the local level.
This three-tier arrangement assists in the conservation and sustainable use of biological resources and the equitable sharing of benefits.