Recent Amendment - 2023

It is aimed at

  • simplifying access to the countryโ€™s rich biodiversity
    • for R&D while ensuring environmental protection
    • fair benefits to local communities.
    • encouraging cultivation of medicinal plants
    • easing the compliance burden on Indian companies.

What is Access and Benefit Sharing (ABS)?

  • compensatory amount
  • paid to tribal
  • with a tradition of
    • gathering
    • safeguarding
    • utilising herbs
    • medicinal plants
  • crucial for the Ayush industry (manufacturers who sell such medicines or treatments).

What are the issues with the Amendยญments?

  1. ABS exemption to Ayush:ย It has curtailed the revenue of tribals, whose livelihood depends on herbs, by exempting Ayush practitioners from paying ABS (ranging from 0.1 to 0.5% of sales).
  2. Ambiguity in Definitions:ย The term โ€˜Ayush practitionerโ€™ is not clearly defined. If a person cultivates herbs without registering a company and then sells them to companies, there is no way to regulate that.
  3. Decriminalisation of Biodiversity Offences:ย This was aimed at reducing the fear among the stakeholders for effective compliance. However, it may lead to environmental concerns.