India’s First National Report (NR1) on the Nagoya Protocol has been submitted to the Secretariat of the Convention on Biological Diversity (CBD). Read here to learn more.
India’s submission of its First National Report (NR1) on the implementation of the Nagoya Protocol to the Convention on Biological Diversity marks a significant milestone in global biodiversity governance.
It reflects India’s progress in operationalising Access and Benefit Sharing (ABS) and protecting its vast biological and traditional knowledge resources.
Convention on Biological Diversity (CBD)
The CBD (1992, Rio Earth Summit) rests on three pillars:
- Conservation of biodiversity
- Sustainable use of its components
- Fair and equitable sharing of benefits arising from genetic resources
The Nagoya Protocol operationalises the third objective.
What is the Nagoya Protocol?
- A legally binding international agreement under the CBD
- Focuses on Access and Benefit Sharing (ABS)
- Recognises the sovereign rights of states over biological resources
- Adopted: 2010 (Nagoya, Japan)
- Enforced: 2014
India’s Legal and Institutional Framework for ABS
India is considered a global frontrunner in implementing ABS due to its robust domestic legal structure:
Biological Diversity Act, 2002
- Governs access to biological resources and associated knowledge
- Regulates foreign access to Indian bio-resources
Three-Tier Institutional Structure
National Level
- National Biodiversity Authority (NBA): Grants approvals for:
- Foreign entities
- IPR-related applications
- Transfer of research results
State Level
- State Biodiversity Boards (SBBs) to regulate commercial utilisation within states
Local Level
- Biodiversity Management Committees (BMCs)
- Established in local bodies
- Prepare People’s Biodiversity Registers (PBRs)
- Act as custodians of local knowledge
India’s First National Report (NR1): Key Insights
Prepared by the Ministry of Environment, Forest and Climate Change, the report evaluates India’s ABS performance.
Massive Institutional Expansion
- 2,76,653 BMCs established
Significance:
- One of the largest decentralised biodiversity governance systems globally
- Enables:
- Documentation of local biodiversity
- Protection of traditional knowledge
- Community participation in governance
ABS Approvals (2017–2025)
- Total: 12,830 approvals
Distribution:
- NBA: 5,913 approvals
- SBBs/UTBCs: 6,917 approvals
Nature of Approvals:
- Bioprospecting
- Commercial utilisation
- Patent applications
- Academic research
Financial Outcomes: Benefit Sharing
- ₹216.31 crore mobilised
- ₹139.69 crore distributed
Beneficiaries:
- Indigenous communities
- Farmers
- Traditional healers
Importance:
- Moves beyond “conservation without compensation”
- Promotes environmental justice and equity
ABS Mechanism: How It Works?
Step 1: Access Request-Researcher/company applies to NBA/SBB
Step 2: Prior Informed Consent (PIC)-Consent taken from local communities/BMCs
Step 3: Mutually Agreed Terms (MAT)-Agreement defines:
-
- Benefit-sharing structure
- Usage rights
Step 4: Utilisation-Resource used for research/commercialisation
Step 5: Benefit Sharing-Monetary / non-monetary benefits distributed
Types of Benefits under ABS
Monetary Benefits
- Royalties
- Upfront payments
- Licensing fees
Non-Monetary Benefits
- Technology transfer
- Joint research
- Capacity building
- Infrastructure development
Importance for India
Biodiversity-Rich Country: India is one of the mega-diverse countries, hosting 7-8% of global biodiversity, and four biodiversity hotspots
Protection Against Biopiracy: Cases like Neem, Turmeric, and Basmati Rice Highlight the Need for ABS Frameworks to Prevent Unauthorised Exploitation of Genetic Resources.
Strengthening Local Economies
- Revenue sharing improves rural livelihoods
- Encourages conservation through economic incentives
Promotion of Indian Knowledge Systems
Traditional medicine, agriculture, and ecological practices gain:
- Recognition
- Legal protection
- Commercial value
Strategic and Economic Value: Genetic resources are critical for Pharmaceuticals, Biotechnology, and Agriculture, and ABS ensures India retains control and benefits.
Global Significance
India’s NR1 contributes to:
- Monitoring global ABS implementation
- Strengthening CBD reporting mechanisms
- Supporting global biodiversity targets (Post-2020 Global Biodiversity Framework)
Challenges in Implementation
- Awareness Gap: Many communities are unaware of their rights and benefit-sharing provisions
- Weak Enforcement: Illegal access and biopiracy still occur
- Institutional Capacity Constraints: BMCs are often underfunded and lack technical expertise
- Valuation of Biological Resources: Difficulty in pricing genetic resources and quantifying traditional knowledge
- Delays and Bureaucracy: Complex approval processes discourage compliance
- Digital Sequence Information (DSI) Debate: Genetic data stored digitally can bypass ABS mechanisms.
Way Forward
Strengthening Grassroots Institutions
- Capacity building for BMCs
- Financial and technical support
Digital Monitoring Systems: Blockchain and AI-based tracking for transparency in benefit sharing
Awareness Campaigns: To educate Local communities and Industry stakeholders
Simplifying Procedures
- Faster approvals
- Clear guidelines for users
Global Cooperation: To address issues like Digital genetic resources and Cross-border bioresource use
Linkages with Other Policies
- Biological Diversity Act, 2002
- National Biodiversity Action Plan (NBAP)
- National Education Policy (promotion of IKS)
- Sustainable Development Goals (SDG 15, SDG 1, SDG 10)
Conclusion
India’s First National Report on the Nagoya Protocol showcases a comprehensive and decentralised ABS framework, integrating legal, institutional, and community-level mechanisms.
While challenges remain, India’s approach offers a global model for equitable biodiversity governance, striking a balance between conservation, development, and justice.
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