Biodiversity Without Benefit: Reassessing India’s Legal Commitments In Light Of The Kunming-Montreal Framework
- IJLLR Journal
- Oct 28
- 1 min read
Hari Mrinalini, Jindal Global Law School, O.P Jindal Global University
ABSTRACT
This paper critically evaluates India’s Biological Diversity Act, 2002 (BDA), in light of the 2023 amendments, with respect to the commitments of the Kunming-Montreal Global Biodiversity Framework (GBF). The paper traces the evolution of international biodiversity governance from the Convention on Biological Diversity (CBD) and the Nagoya Protocol to the GBF and situates India’s legislative framework within this global context. It argues that while the BDA has institutionalized Access and Benefit-Sharing (ABS) mechanisms and established multi-tiered governance structures, gaps such as corporate accountability, weak enforcement, and the dilution of penalties through the 2023 amendment persist and undermine India’s obligations under the GBF. The analysis highlights the tension between judicial interventions that expanded environmental rights under Article 21 of the Indian Constitution and legislative reforms that curtail oversight. As India enters a critical phase of green innovation and just transition policies, the paper calls for recalibrating biodiversity governance to prioritize equitable benefit-sharing, community participation, and ecological justice.
Keywords: Biodiversity Law, Access and Benefit-Sharing, India, Kunming- Montreal Framework, Ecological Justice, Environmental Governance
