Question map
Consider the following statements : 1. In India, the Biodiversity Management Committees are key to the realization of the objectives of the Nagoya Protocol. 2. The Biodiversity Management Committees have important functions in determining access and benefit sharing, including the power to levy collection fees on the access of biological resources within its jurisdiction. Which of the statements given above is/are correct?
Explanation
The correct answer is Option 3 (Both 1 and 2).
Statement 1 is correct: The Nagoya Protocol focuses on "Access and Benefit Sharing" (ABS). In India, the Biological Diversity Act, 2002, establishes Biodiversity Management Committees (BMCs) at the local body level. These committees are essential for the conservation of biological diversity and sustainable use, directly facilitating the decentralized implementation of the Nagoya Protocol's objectives.
Statement 2 is correct: Under Section 41 of the Act, BMCs play a vital role in ABS by providing advice on requests for access to biological resources. Crucially, they possess the statutory power to levy collection fees from any person accessing biological resources for commercial purposes within their territorial jurisdiction. This revenue is credited to the Local Biodiversity Fund, ensuring that benefits reach the local custodians of traditional knowledge and biodiversity.
Therefore, both statements accurately reflect the legal framework and functional mandate of BMCs in India.
PROVENANCE & STUDY PATTERN
Guest previewThis is a classic 'International Treaty to Domestic Law' bridge question. Statement 1 is standard static knowledge (Nagoya = ABS). Statement 2 tests the specific statutory teeth of the local body (BMCs). The trap is knowing BMCs exist versus knowing they have the specific financial power to levy fees (Section 41 of BD Act).
This question can be broken into the following sub-statements. Tap a statement sentence to jump into its detailed analysis.
- Statement 1: In India, are Biodiversity Management Committees (BMCs) key to the realization of the objectives of the Nagoya Protocol?
- Statement 2: Do Biodiversity Management Committees (BMCs) in India have functions related to determining access and benefit-sharing (ABS) of biological resources?
- Statement 3: Do Biodiversity Management Committees (BMCs) in India have the statutory power to levy collection fees on access to biological resources within their jurisdiction?
- Specifies the Biodiversity Act envisages a three-tier structure (NBA, SBB, BMC) to regulate access to biological resources.
- Links this three-tier regulatory structure directly to access regulation, which is central to the Nagoya Protocol’s ABS objective.
- Defines the Nagoya Protocol as creating legal certainty and ensuring benefit sharing for providers and users of genetic resources.
- Emphasizes that benefit sharing promotes conservation and sustainable use, outcomes that require implementation mechanisms at multiple levels.
- States the Biodiversity Act, 2002 provides for setting up NBA, SBB and BMCs and governs approvals for access to biological resources and associated knowledge.
- Shows BMCs are institutional actors within India’s ABS regime that can operationalize local-level decisions relevant to Nagoya objectives.
This statement analysis shows book citations, web sources and indirect clues. The first statement (S1) is open for preview.
Login with Google to unlock all statements.
This statement analysis shows book citations, web sources and indirect clues. The first statement (S1) is open for preview.
Login with Google to unlock all statements.
This tab shows concrete study steps: what to underline in books, how to map current affairs, and how to prepare for similar questions.
Login with Google to unlock study guidance.
Discover the small, exam-centric ideas hidden in this question and where they appear in your books and notes.
Login with Google to unlock micro-concepts.
Access hidden traps, elimination shortcuts, and Mains connections that give you an edge on every question.
Login with Google to unlock The Vault.