The Biodiversity Act (BDA) of 2002 was a product of India signing the Convention on Biodiversity (CBD). Many industrial and a few research entities have been facing problems related to compliance issues of the access and benefit sharing (ABS) aspect of the Act.
This is reflected in legal disputes related to BDA in courts, ranging from lower courts, national green tribunals, and the Supreme Court. Certain amendments to BDA were introduced in the winter session of Parliament. The aim of these amendments seems to be to streamline compliance issues. However, by introducing blanket exemptions to only one group of industry, the Act may drift away from its true spirit — of the conservation of biodiversity. A thorough overhaul of the part of the Act that deals with compliance is required. It must be accomplished by addressing the issues that are leading to a myriad of litigation against the Act.