The Biological Diversity Act, 2002
Administered Ministry: Ministry of Environment, Forest and Climate Change
Act details
| Short title | The Biological Diversity Act, 2002 |
|---|---|
| Long title | An Act to provide for conservation of biological diversity, sustainable use of its components and fair and equitable sharing of the benefits arising out of the use of biological resources, knowledge and for matters connected therewith or incidental thereto. |
| Act number | 18 of 2003 |
| Act year | 2003 |
| Enactment date | 5 Feb 2003 |
| Ministry | Ministry of Environment, Forest and Climate Change |
| Jurisdiction | Central (Parliament of India) |
| Sections | 72 |
| Status | Not repealed |
| Last checked on India Code | 29 Oct 2026 |
| Source | India Code, Government of India |
Legislative history
Legislative History:
The Biological Diversity Act, 2002
Short Title- The Biological Diversity Act, 2002
Act Number / Year-18 of 2003
Act ID (India Code)-200318
Presidential Assent / Enactment Date-February 5, 2003
Enforcement Date-Phased Enforcement: October 1, 2003 (initial administrative provisions) and July 1, 2004 (substantive regulatory and enforcement sections)
Nodal Ministry-Ministry of Environment, Forest and Climate Change
Precedent & Statutory Rationale
1. Fulfillment of International Obligations (CBD):
o India signed and ratified the United Nations Convention on Biological Diversity (CBD) in 1994, which affirmed sovereign rights over national biological resources while mandating the conservation of biodiversity, sustainable use of its components, and fair and equitable sharing of benefits arising from commercial utilization.
o Prior to this enactment, India lacked comprehensive regulatory machinery to prevent bio-piracy, regulate foreign access to indigenous genetic resources, and protect traditional knowledge held by local communities.
2. Establishment of a Three-Tier Regulatory Architecture:
o The 2002 Act was enacted to create an institutional mechanism comprising the National Biodiversity Authority (NBA) at the central level, State Biodiversity Boards (SBBs) at the state level, and Biodiversity Management Committees (BMCs) at local body levels.
o It instituted stringent approval requirements for obtaining biological resources for commercial utilization or research, mandated the documentation of traditional knowledge through People's Biodiversity Registers (PBRs), and established mechanisms for benefit-sharing with local creators and holders of biological assets.
Parliamentary Trajectory & Enactment
• Formulation: Extensively deliberated through joint parliamentary committees and consultations led by the Ministry of Environment and Forests, drawing inputs from scientists, legal experts, and indigenous communities.
• Parliamentary Passage: Tabled, debated, and passed by both Houses of Parliament, receiving Presidential Assent on February 5, 2003.
• Enforcement: Phased Enforcement: October 1, 2003 (initial administrative provisions) and July 1, 2004 (substantive regulatory and enforcement sections)
Source: India Code and Ministry of Environment, Forest and Climate Change Official Records