Review Of Effectiveness Of Fair And Equitable Benefit Sharing Under The Biological Diversity Act 2002

Nitin S, School of Law, Christ (Deemed to be University)

ABSTRACT

The Convention on Biological Diversity (CBD) was adopted in 1992 as part of the "United Nations Conference on Environment and Development (UNCED)," with a particular emphasis on "conservation, sustainable use of biological resources, and fair and equitable sharing of benefits arising from such use." India, as a signatory to the CBD, was required to implement a national-level legislation to realize the objective of the convention. The Biological Diversity Act, 2002 was implemented as India's commitment to conserving biodiversity and ensuring equitable benefit sharing. The second objective of this dealt with the concept of “Fair and Equitable Benefit Sharing” (FEBS) to ensure that indigenous communities that traditionally relied on biological resources receive fair compensation for their contributions and traditional knowledge, which has been provided in Section 21 of the Act. This research examines the effectiveness of FEBS implementation under the Biological Diversity Act, 2002, by analyzing the relevant provisions, case laws, and government reports, thus evaluating its strengths, limitations, and areas for improvement. The paper will also explore the Nagoya Protocol on Access and Benefit-Sharing and its significance in ensuring effective FEBS.

Keywords: Fair and Equitable Benefit Sharing, Biological Diversity Act, 2002, Nagoya Protocol, indigenous communities