BENEFIT SHARING UNDER THE LEGAL REGIME OF INDIAN BIODIVERSITY SYSTEM: A CRITICAL ANALYSIS

Abstract Nagoya Protocol took an unprecedented step for advancement and giving better shape to the access & benefit sharing (ABS) mechanism. After the passage of legislation & rule on biodiversity, it is clear that we don’t effective ABS process. Question arise whether the philosophy of Bonn Guidelines on ABS are really followed or not? This paper will critically analyze Bonn guidelines, Nagoya Protocol and how it is important for the user and contracting party to identify indigenous communities and give them their deserving right. Thorough analysis of ABS case study on Kani tribe regarding manufacturing of Jeevani drug and serious allegation of biopiracy on bt brinjal has given enough observation so that complexities around implementation of legislations and policies can be resolved without any delay. There is need for multilateral ABS mechanism to ensure transparency and better assessment for biodiversity governance. The paper will critically analyze ABS regulation passed by National Biodiversity Authority in 2014 and how so far it is effective.