Implementation of the Convention on Biological Diversity and Its Protocols in India

Abstract

The Convention on Biological Diversity (CBD) is one of the successful international treaties that is steadily progressing with the realization of its stated objectives. Conservation of biological diversity, sustainable use of biological resources and equitable sharing of benefits with the people for utilization of their traditional knowledge and resources are gaining global acceptance. When the CBD addresses the larger issues of global biodiversity conservation and utilization of biological resources for developmental purposes, the specific problems concerning biosafety brought out by biotechnology, and access and benefit sharing are left to the Cartagena Protocol on Biosafety and the Nagoya Protocol on Access and Benefit Sharing, respectively. The Nagoya-Kuala Lumpur Supplementary Protocol on Liability and Redress emerging out of living modified organisms is the latest addition under the CBD. India, being one of the oldest surviving civilizations with indigenous people and their wisdom and as one of the megadiverse countries, has high stakes in conserving biological diversity and protecting the traditional knowledge base of its indigenous and local communities. India has many domestic legal and policy instruments to govern biodiversity and biosafety issues. This chapter critically looks at the international legal obligations for India under the CBD as well as the Cartagena Protocol, Nagoya Protocol and the Nagoya-Kuala Lumpur Supplementary Protocol and evaluates the level of their domestic implementation in India. Recently, the Government of India has ratified both the Protocols under the CBD, and many changes are expected in the domestic regulatory frameworks. This chapter will examine the effectiveness of existing domestic regulatory mechanisms and the alternative options available to India in implementing the CBD and its Protocols.