In order to ensure compliance to Biological Diversity Act, 2002 and Rules, 2004, the National Biodiversity Authority (NBA) has recently started implementation of the first national project with focus on access and benefit sharing (ABS) provisions in five states of the country.

The project is being implemented in the states of Andhra Pradesh, Gujarat, West Bengal, Himachal Pradesh and Sikkim by the NBA in collaboration with the respective state biodiversity boards, United Nations Environment Programme (UNEP)-Division of Environmental Law and Conventions (DELC), United Nations University - Institute of Advanced Studies (UNU-IAS) and the United Nations Development Programme (UNDP).

The project aims to develop standardized economic valuation methods for valuing biodiversity in the selected ecosystem, developing database on biological resources to tap ABS potential in project states. It will also help in assessing and quantifying the economic value of biological diversity present at local, state and national levels using appropriate methodologies, determining benefit sharing and informing national decision makers on prioritizing conservation action.

This will also be instrumental in developing legal tools, methodologies, guidelines and frameworks for ABS mechanism. Implementation of the project also involves capacity building for stakeholders in decision-making process, piloting ABS agreements in project states, promotion and strengthening of biodiversity funds at national, state and local levels besides strategizing public awareness programmes and facilitating level playing for public, NGOs and private sector on ABS.

Government of India has enacted Biological Diversity Act (2002) and Rules (2004) for conservation of biological diversity, sustainable use of its components and fair and equitable sharing of the benefits arising out of the use of biological resources, knowledge and for matters connected therewith or incidental thereto.

Section 41(1) of the BD Act provides for relevant “chronicling of knowledge related to biological diversity”, while Section 36(5) has enabling provision in empowering the central government “to respect and protect the knowledge of local people relating to biological diversity, as recommended by the NBA through such measures, which may include registration of such knowledge at the local, state or national levels, and other measures for protection”.