3. Equitable sharing of conditions arising from the use of biological resources. For effective implementation of the law, a three-step system has been set up with a National Biodiversity Authority (NBA) at the centre, the State Biodiversity Boards (SBBs) in each of the Indian states and the Local Biodiversity Management Committees (BMCs), which work with municipalities and Panchayats. In addition, India adopted the Nagoya Protocol (2014) on access to genetic resources and the equitable and equitable sharing of the benefits of their use of the Convention on Biological Diversity, a complementary provision, in line with the CBD`s third objective, 2002. In the suggestion of the Nagoya Protocol, the NBA issued guidelines on access to biological resources and associated Knowledge and Benefits Sharing Regulations, 2014, commonly known as the ABS Guidelines, 2014. These guidelines provide for a detailed procedure for determining and sharing the benefits of using Indian biological resources. Mongabay Series: Conserving Agro-biodiversity, Environomy, The Indian Forest Story KD Prathapan, R Pethiyagoda, KS Bawa, PH Raven, Rajan. 2018. When healing kills, CBD limits biodiversity research. Science 360 (6396), 1405-1406.
According to Balakrishna Pisupati, President of the Forum for Law, Environment, Development and Governance (FLEDGE) and former president of the NBA, one of the main shortcomings of the law is that the benefits of UNWTO do not reach municipalities that should receive 95%. One reason is the lack of NBA guidelines on how to share benefits, although guidelines for the same were drawn up in 2013 by a committee chaired by renowned scientist M.S. Swaminathan. Dabur India Pvt. Ltd., one of India`s largest producers of Ayurvedic medicines and natural consumer goods, has agreed with the State Board of Himanchal Pradesh to pay 35 Lakh for access to the state`s biological resources. In 2002, the Indian government passed the Biological Diversity Act to meet the obligations of the Convention on Biological Diversity. India became a party to the Convention on Biological Diversity in 1994 and adopted the BD Act and subsequent rules at the central and state level to adopt the CBD`s national objectives of preserving biodiversity, sustainably exploiting its components and ensuring equitable and equitable sharing of the benefits of genetic resources. Indian legislation for ratification of the protocol took the form of UNWTO guidelines that were notified by the NBA in 2014. These guidelines regulate different aspects of benefit allocation: the payment a claimant must make in exchange for the commercial exploitation of a genetic resource, the share of that payment (95 per cent) that should reach local communities, with exceptions for collaborative research agreements.