In Memoriam: Palpu Pushpangadan was a pushy seller of ideas

Palpu Pushpangadan's pioneering work on 'Access and Benefit Sharing' (ABS) with the Kani tribe in the Western Ghats stands as a landmark achievement, not just for India but globally. This case, often cited as the first and most successful practical implementation of ABS, offers a rich tapestry of lessons in biodiversity conservation, traditional knowledge protection, and equitable development.

**Background Context: The Genesis of ABS**

For centuries, indigenous and local communities have been the custodians of vast traditional knowledge, particularly concerning medicinal plants and genetic resources. However, with the advent of modern science and commercialization, there was a growing concern about 'biopiracy' – the unauthorized and uncompensated appropriation of traditional knowledge and genetic resources by commercial entities, primarily from developed nations. This historical injustice fueled a global movement for fair and equitable sharing of benefits arising from the utilization of genetic resources. This movement culminated in the adoption of the Convention on Biological Diversity (CBD) in 1992, which explicitly recognized sovereign rights of states over their biological resources and established the principle of Access and Benefit Sharing as one of its three main objectives.

**What Happened: The Kani Tribe and 'Jeevani'**

The story unfolds in the Agasthyamalai hills of the Western Ghats, a rich biodiversity hotspot in Kerala, India. The Kani tribe, an indigenous community residing there, possessed extensive traditional knowledge about the therapeutic properties of various plants. In the late 1980s, during a field visit, a team of scientists from the Tropical Botanic Garden and Research Institute (TBGRI, now JNTBGRI) led by Dr. Palpu Pushpangadan, observed the Kani tribesmen consuming a wild fruit to instantly boost their energy and ward off fatigue. This plant was identified as *Trichopus zeylanicus*, locally known as 'Arogyapacha'.

Intrigued, TBGRI conducted extensive research on the plant, isolating active compounds and eventually developing an anti-fatigue drug named 'Jeevani'. What made this case groundbreaking was not just the scientific discovery, but the ethical framework established for its commercialization. Dr. Pushpangadan ensured that the intellectual property rights and benefits were shared with the Kani tribe. In 1995, TBGRI signed a licensing agreement with Arya Vaidya Pharmacy (AVP), a private pharmaceutical company, to manufacture and market 'Jeevani'. Crucially, 50% of the license fee and future royalties from the sale of 'Jeevani' were directly channeled to the Kani tribe through the Kerala Kani Samudaya Kshema Trust, specifically formed to manage these funds for community welfare and development. This marked the first instance in India, and arguably globally, where benefits from bio-prospecting were directly shared with the indigenous community holding the traditional knowledge.

**Key Stakeholders Involved**

* **Kani Tribe**: The primary holders of traditional knowledge, whose insights led to the discovery of 'Arogyapacha's' properties. They were the direct beneficiaries of the ABS mechanism.

* **Palpu Pushpangadan**: The visionary scientist and former director of TBGRI, who championed the cause of equitable benefit sharing and facilitated the entire process.

* **Tropical Botanic Garden and Research Institute (TBGRI/JNTBGRI)**: The research institution that conducted the scientific validation, developed the drug 'Jeevani', and initiated the benefit-sharing agreement.

* **Arya Vaidya Pharmacy (AVP)**: The commercial entity that licensed the technology to produce and market 'Jeevani'.

* **Government of India/Kerala**: Provided the policy environment and regulatory framework, albeit informally at first, which later solidified with the Biological Diversity Act, 2002.

**Significance for India and Broader Themes**

This case holds immense significance for India. It positioned India as a global pioneer in implementing the principles of ABS, even before the formal adoption of comprehensive national legislation. It provided a tangible model for recognizing and rewarding indigenous traditional knowledge, thereby combating biopiracy and promoting social justice. Economically, it showcased a sustainable pathway for bioprospecting, transforming traditional knowledge into a source of income for local communities and incentivizing them to conserve their biodiversity. Socially, it empowered the Kani tribe, demonstrating that their cultural heritage holds tangible value and can contribute to their socio-economic upliftment. This case directly connects to broader themes of sustainable development, ethical governance of natural resources, and the protection of intellectual property rights associated with traditional knowledge.

**Historical Context and Related Policies/Acts**

The Kani-TBGRI model, while predating India's specific legislation, perfectly embodies the spirit of the Convention on Biological Diversity (CBD), signed in 1992. To formally implement the CBD's provisions, especially Article 15 (Access to Genetic Resources) and Article 8(j) (Traditional Knowledge), India enacted the **Biological Diversity Act, 2002**. This Act established a three-tier institutional structure: the National Biodiversity Authority (NBA) at the central level, State Biodiversity Boards (SBBs) at the state level, and Biodiversity Management Committees (BMCs) at the local level. These bodies are mandated to regulate access to biological resources and associated traditional knowledge, ensuring fair and equitable benefit sharing. Furthermore, the **Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the CBD**, adopted in 2010, further strengthened the international legal framework for ABS, with India being an early signatory and ratifier. India also created the **Traditional Knowledge Digital Library (TKDL)**, a pioneering initiative to document traditional knowledge in digitized formats to prevent its misappropriation.

**Future Implications**

The Kani-TBGRI model continues to serve as an inspirational blueprint. Its success encourages replication across India's diverse ecosystems and with other indigenous communities. It strengthens the mandate of the NBA, SBBs, and BMCs to facilitate similar ABS agreements. This framework provides legal certainty and ethical guidelines for researchers, pharmaceutical companies, and other industries engaged in bioprospecting, fostering innovation while ensuring justice. Ultimately, it solidifies India's commitment to biodiversity conservation, the protection of traditional knowledge, and the empowerment of its indigenous communities, paving the way for a more sustainable and equitable future in the utilization of biological resources.