Bio-trade and Bioprospecting in India: A Critical Legal Analysis under the Biological Diversity Act, 2002

Author(s): Amar Kumar Patkar and Dr. Neelesh Sharma

Abstract:

India is one of the world’s most biodiverse countries, possessing a vast range of biological resources and an equally rich repository of traditional knowledge held by indigenous and local communities. With the expansion of the global bio-economy, biological resources have increasingly become objects of commercial trade and scientific exploration, giving rise to complex legal and ethical concerns surrounding bio-trade and bioprospecting. In response to international commitments under the Convention on Biological Diversity, India enacted the Biological Diversity Act, 2002 to regulate access to biological resources and ensure fair and equitable benefit sharing. This paper undertakes a critical legal analysis of bio-trade and bioprospecting in India under the Biological Diversity Act, 2002, with particular emphasis on the contemporary regulatory framework and its practical implementation. Using a doctrinal research methodology, the study examines statutory provisions, institutional mechanisms, and recent Indian judicial decisions interpreting access, benefit sharing, and commercial utilisation of biological resources. The paper further analyses administrative orders of the National Biodiversity Authority and evolving regulatory practices in the post-2020 period. The study reveals that while the Act provides a comprehensive legal framework for regulating bio-trade and preventing biopiracy, significant challenges persist in terms of definitional ambiguities, procedural complexities, institutional capacity, and enforcement effectiveness. Judicial interventions have played a crucial role in clarifying statutory interpretation; however, inconsistencies in regulatory application continue to affect stakeholders, particularly local communities and small-scale enterprises. The paper concludes by proposing legal and policy reforms aimed at strengthening access and benefit-sharing mechanisms, improving institutional coordination, and promoting sustainable and community-centric bio-trade in India.

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Pages: 09-16     |    3 View     |    0 Download