Abstract
This legislative note examines India's recent amendments to the Biological Diversity Act, focusing on their sequelae for access and benefit-sharing (ABS) mechanisms. The 2023 amendments mark a significant shift in India's approach to regulating biological resources, particularly through streamlined procedures for foreign entities and the Ayurveda, Yoga & Naturopathy, Unani, Siddha, and Homoeopathy (AYUSH) sector. While these changes aim to facilitate international collaboration and trade, they raise important questions about the balance between economic development and biodiversity conservation. The amendments introduce significant modifications to benefit-sharing obligations and traditional knowledge protection, reflecting India's commitment to the Nagoya Protocol on ABS while responding to domestic industrial demands. This note critically assesses whether these legislative changes effectively harmonize international obligations with national interests, particularly in the context of Indigenous rights and sustainable resource management. Special attention is given to the relaxation of access regulations for foreign entities and its potential impact on India's biodiversity conservation goals.
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