New law decriminalising use of biological resources by vaids, hakims and Ayush practitioners to come into force from April 1

Ayush practitioners are referred to as those who practice Ayurveda, Yoga and Naturopathy, Unani, Siddha, and Homoeopathy. They will now be exempted from sharing benefits for including plants, animals, micro-organisms or parts of their genetic material and derivatives.

• The Biological Diversity (Amendment) Act 2023, decriminalising use of biological resources by ‘vaids’, ‘hakims’ and Ayush practitioners who have been practicing indigenous medicines as profession for “sustenance and livelihood”, will come in come into force from April 1.

• Ayush practitioners are referred to as those who practice Ayurveda, Yoga and Naturopathy, Unani, Siddha, and Homoeopathy. They will now be exempted from sharing benefits for accessing the biological resources including plants, animals, micro-organisms or parts of their genetic material and derivatives.

• The law, passed by Parliament in August last year, also has provisions to facilitate fast-tracking of research, encourage Indian system of medicine and bring more foreign investments in the chain of biological resources.

• The environment ministry through a gazette notification last week fixed April 1 as the date on which the new amended Act will come into force. The Act basically regulates access to biological resources and associated traditional knowledge without compromising he objectives of the United Nation Convention on Biological Diversity and and its Nagoya Protocol.

• The new Act, replacing the Biological Diversity Act 2002, has also removed research and bio-survey activities from the purview of benefit sharing requirements. The benefit sharing clause for others will be based on terms agreed between the user and the local management committee represented by a national authority.

• The new amended law has simplified compliance requirements for domestic companies. Under the earlier Act of 2002, offences include failing to take approval or providing prior intimation for various activities. These offences were punishable with imprisonment of up to five years, or a fine, or both.

• The amended law, however, decriminalises the offences and makes them punishable with a penalty between one lakh rupees and Rs 50 lakh. In case of failure or continuing contravention, an additional penalty upto Rs 1 crore may be imposed by an adjudicating officer.

Source: Economic Times