This paper provides a critical appraisal on implementing Access & Benefit Sharing Guidelines notified by the Central Government under the provisions of the Biological Diversity Act 2002. The author stated that Access and Benefit Sharing is a complicated subject matter and the way in which the guidelines has been prepared to implement the ABS mechanism was insensible when the rest of the world was waiting to see how India implements the ABS mechanism in an intelligent manner. If these guidelines are not denotified at the earliest, one thing is certain and that NBA is definitely not planning to implement the Act with its true spirit and sanctity.
Yeshwanth Shenoy (Wed,) studied this question.