Lok Sabha Question No. 118 (STARRED), answered on 2024-02-09
Subject: Traditional Knowledge and Resources of Medicinal Plants
Ministry: AYURVEDA,YOGA & NATUROPATHY,UNANI,SIDDHA AND HOMEOPATHY (AYUSH)
Asked by: Chandra Sekhar Bellana

## GOVERNMENT OF INDIA MINISTRY OF AYUSH LOK SABHA STARRED QUESTION NO. 118 TO BE ANSWERED ON 9 th  February, 2024

'Traditional Knowledge and Resources of Medicinal Plants'

## 118.     SHRI CHANDRA SEKHAR BELLANA:

## Will the Minister of AYUSH be pleased to state:

- (a) the details of the steps taken by the Government to protect the local communities involved in the benefit-sharing  of  traditional  knowledge  and  resources  regarding  Ayurveda  and  herbal  plants  with AYUSH manufacturing companies and traders;
- (b)  whether  the  Government  has  looked  into  the  problems  regarding  the  implementation  of Biodiversity Act, as pointed out by the Centre for Science and Environment (CSE), which includes lack  of  available  data  on  the  money  received  from  companies  and  traders  for  access  and  benefitsharing of this knowledge and resources;
- (c) if so, the steps taken/proposed to be taken by the Government to ensure adequate information in this regard;
- (d) whether the Government has also looked into the cases where local communities claim that the companies did not pay them for their services; and
- (e) if so, the steps taken/proposed to be taken by the Government to prevent such cases/incidents?

## ANSWER THE MINISTER OF AYUSH (SHRI SARBANANDA SONOWAL)

(a) to (e) A statement is laid on the Table of the House.

## THE  STATEMENT  REFERRED  TO  IN  REPLY  TO  LOK  SABHA  STARRED QUESTION NO. 118 FOR 9 th February, 2024

(a) The benefit sharing of traditional knowledge and resources comes under the purview of Biodiversity  Act  2002.    National  Biodiversity  Authority  (NBA)  is  an  autonomous  and statutory  body  established  for  the  implementation  of  the  provisions  of  the  Biological Diversity Act, 2002. It facilitates and regulates the activities pertaining to access of biological resources & associated knowledge and sharing of benefits arising out of the use of biological resources. Besides, the Authority performs an advisory role on matters related to conservation, sustainable use & access to biological resources and benefit sharing with the local  communities.  The  Biological  Diversity  Act  2002  provides  for  conservation  and sustainable use of biological resource and/ or associated knowledge, and fair and  equitable sharing of benefits arising out of the use of biological resources and knowledge associated thereto including the medicinal plants.

As  per  the  provisions  of  the  Biological  Diversity  Act  2002  for  access  to traditional  knowledge  and  Medicinal  plants  by  companies  and  traders  for  commercial utilization  has  to  obtain  prior  approval  from  the  National  Biodiversity  Authority  /  State Biodiversity  Boards,  as  the  case  may  be.    National  Biodiversity  Authority  (NBA)  /  State Biodiversity Board (SBB) before granting approval shall consult the Biodiversity Management Committee through State Biodiversity Boards (SBBs) for seeking their consent for access to   bio resources and/ or traditional knowledge from the local peoples.

Further,  National  Biodiversity  Authority  (NBA) / State Biodiversity Board (SBB)  would  grant  approval  in  the  form  of  agreement  which  comprise  the  terms  and conditions including benefit sharing amount payable to NBA by the applicant.   Upon receipt of  benefit  sharing  amount  from  the  applicants,  the  same  will  be    ploughed  back  to  the beneficiaries who  have  provided  the  resources/ traditional  knowledge viz individual/ communities/ BMCs, etc.

As per the biodiversity (Amendment) Act 2023 (10 of 2023), the provisions of the section 7 of this act shall not apply to the codified traditional knowledge, cultivated medicinal plants  and  its  products,  local  people  and  communities  of  the  area,  including  growers  and cultivators of biodiversity and to vaids, hakims and registered AYUSH practitioners only who have  been  practising  indigenous  medicines,  including  Indian  systems  of  medicine  as profession for sustenance and livelihood. Government of India vide Gazette notification no S.O. 295(E) stated that the biodiversity (Amendment) Act 2023 (10 of 2023) will come into force from 1 st April 2024.

(b)  and  (c)  Yes.    NBA  is  maintaining  the  data  about  the  Access  Benefit  Sharing  (ABS) money  received  from  the  different  companies/  traders  and  ABS  money  released  to  the different  beneficiaries  as  per  the  provisions  of  the  BD  Act.  Further,  NBA  had  also streamlined the procedure for granting approval. The applications are received and processed online.  The  NBA  has  constituted  an  Expert  Committee  on  ABS  for  examining  ABS applications. It is approved by the Authority. There is a regular internal and external auditing for monitoring the process.

(d) and (e) No such complaints received. As per the provisions of the BD Act, approval of National  Biodiversity  Authority  (NBA)  /  State  Biodiversity  Board  (SBB)/  Union  Territory Biodiversity Councils (UTBCs) will be granted in the form of agreement duly signed by the National  Biodiversity  Authority  (NBA)  /  State  Biodiversity  Board  (SBB)/  Union  Territory Biodiversity  Councils  (UTBCs)  and  applicant  which  comprise  the  terms  and  conditions including benefit sharing amount payable to NBA/SBB/UTBCs annually by the applicant.

The  applicant  has  obligated  to  submit  the  status  report  to  National  Biodiversity Authority  (NBA) / State Biodiversity  Board (SBB)/ Union Territory  Biodiversity Councils (UTBCs) annually as per the terms and conditions agreed upon. In the event of applicant had commercialized  the  products  and  gained  benefits  out  of  it,  the  applicant  has  to  pay  the benefits sharing amount to NBA/SBB/UTBCs. National Biodiversity Authority (NBA) / State Biodiversity Board (SBB)/ Union Territory  Biodiversity  Councils  (UTBCs)  issues  reminders  and  notices  to  the  applicants  to make them abide the law. There is a legal provision in the Act to prosecute the defaulters.

*****