Abstract

Digital Sequence Information (DSI) has emerged as a pivotal issue in global biodiversity governance, reshaping the discourse on Access and Benefit Sharing under the Convention on Biological Diversity and its Nagoya Protocol. In India, the Biological Diversity Act, 2002, amended in 2023, along with the Biological Diversity Rules, 2024, and the newly notified Biological Diversity (Access to Biological Resources and Knowledge Associated thereto and Fair and Equitable Benefit Sharing) Regulations, 2025 (ABS Regulations, 2025), explicitly include DSI within the scope of ABS governance. This article explores the legal challenges and opportunities presented by integrating DSI into India's ABS framework. It examines the ambiguities surrounding DSI's definition, the implications of its regulation for Indigenous and Local Communities (ILCs), and the tension between equitable benefit sharing and commercial interests. Through an analysis of the ABS Regulations, 2025, and relevant case law, such as Divya Pharmacy v. Union of India and PepsiCo India, the article argues that while India’s proactive inclusion of DSI offers opportunities to lead global ABS practices, significant challenges such as inadequate community participation, regulatory overreach, and enforcement gaps threaten to undermine its efficacy. The article proposes reforms to align India’s framework with international obligations and ensure fair benefit sharing for ILCs.

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