Volume 02, Issue 6
Published on: June 2026
UNPACKING THE 2023 AMENDMENT: HAS INDIA WEAKENED COMMUNITY RIGHTS UNDER THE BIOLOGICAL DIVERSITY ACT?
RANJAN J. S.
LLM
AMITY UNIVERSITY BENGALURU
AMITY UNIVERSITY BENGALURU
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Abstract
The Biological Diversity (Amendment) Act, 2023 represents the most significant statutory modification to India’s biodiversity governance framework since the enactment of the original Biological Diversity Act in 2002. Ostensibly designed to decriminalize procedural lapses, streamline access procedures for domestic stakeholders, and facilitate the growth of the traditional medicine industry, the Amendment has attracted sharp criticism from civil society organizations, indigenous community representatives, and environmental legal scholars who argue that it fundamentally erodes the community rights architecture established by the parent statute. This article undertakes a doctrinal and critical analysis of the 2023 Amendment, examining each of its principal provisions—including the decriminalization of offences, the dilution of prior intimation requirements, the introduction of fast-track access for AYUSH practitioners, the reconfiguration of the National Biodiversity Authority, and the modification of benefit-sharing mechanisms—through the lens of community rights protection. Drawing on the legislative history of the Amendment, parliamentary committee reports, stakeholder submissions, and the framework of the Nagoya Protocol, this study evaluates whether the Amendment achieves an appropriate balance between regulatory simplification and the protection of the rights of indigenous peoples, local communities, and traditional knowledge holders. The article concludes that while certain procedural reforms are defensible, several substantive changes—particularly the removal of mandatory prior intimation requirements, the weakened role of Biodiversity Management Committees, and the decriminalization of offences without commensurate strengthening of civil enforcement mechanisms—represent a measurable weakening of community rights that is inconsistent with India’s international obligations and constitutional commitments.
Keywords: Biological Diversity (Amendment) Act 2023, community rights, prior intimation, decriminalization, AYUSH practitioners, Biodiversity Management Committees, equitable benefit-sharing, traditional knowledge, Nagoya Protocol, indigenous rights.
Keywords: Biological Diversity (Amendment) Act 2023, community rights, prior intimation, decriminalization, AYUSH practitioners, Biodiversity Management Committees, equitable benefit-sharing, traditional knowledge, Nagoya Protocol, indigenous rights.
How to Cite this Paper
S., R. J. (2026). Unpacking the 2023 Amendment: Has India Weakened Community Rights under the Biological Diversity Act?. International Journal of Creative and Open Research in Engineering and Management, <i>02</i>(6). https://doi.org/10.55041/ijcope.v2i6.404
S., RANJAN. "Unpacking the 2023 Amendment: Has India Weakened Community Rights under the Biological Diversity Act?." International Journal of Creative and Open Research in Engineering and Management, vol. 02, no. 6, 2026, pp. . doi:https://doi.org/10.55041/ijcope.v2i6.404.
S., RANJAN. "Unpacking the 2023 Amendment: Has India Weakened Community Rights under the Biological Diversity Act?." International Journal of Creative and Open Research in Engineering and Management 02, no. 6 (2026). https://doi.org/https://doi.org/10.55041/ijcope.v2i6.404.
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