Supreme Court Directs Formulation Of A National Policy For Genetically Modified Crops
The court, however, could not come to a conclusion on the aspect of environmental release of GM mustard, and the issue will now be decided by a different bench.
The Supreme Court held that a national policy with regards to genetically modified crops in the realm of research, cultivation, trade and commerce in the country must be formulated.
The court said that this policy shall be formulated in consultation with all stakeholders, such as experts in the field of agriculture and biotechnology, state governments, and representatives of farmers, among others.
The policy should also receive appropriate publicity, the court said.
The Ministry of Environment and Forests shall conduct a national consultation, preferably within the next four months, with the aim of formulating the national policy on genetically modified, or GM, crops. The government must ensure that the credentials of these experts are scrupulously verified and conflicts of interest, if any, are declared.Supreme Court of India
On the decision of the Genetic Engineering Appraisal Committee, or GEAC, granting approval for the environmental release of GM mustard DMH-11, the Chief Justice of India will constitute an appropriate bench to consider the aspect afresh, the court held.
Notably, the government approved the environmental release of GM mustard DMH-11 and its parental lines during the 147th meeting of the GEAC on Oct. 18, 2022, for seed production and testing as per existing Indian Council of Agricultural Research , or ICAR, guidelines.
The top court, however, ordered a status quo on its release soon after.
Lastly, the court said that in cases where GM edible oils are imported for sale in India, the provision pertaining to accurate labelling and packaging of foods under the Food and Safety Standards Act of 2006 must be adhered to.
The case primarily pertained to the commercial cultivation of the GM mustard crop in India, also known as the Dhara Mustard Hybrid-11 or DMH-11.
Mustard is one of India’s most important winter crops and is sown between mid-October and late November.
A case was filed back in 2004 by Gene Campaign, an NGO concerned with food and livelihood security, and activist Aruna Rodrigues against the cultivation of GM mustard in India.
It was their contention before the top court that the commercial release of GM mustard be stopped and its open field trials must be prohibited. Relying on a top court-appointed technical expert committee report that came out in 2013, it was argued that the report clearly stated that the entire regulatory system pertaining to genetically modified crops was in disarray and needed a revisit.
It was asserted that the contamination caused by mustard DMH-11 and its parent variants would be "irremediable and irreversible.".
However, the center asserted that the regulatory framework has strengthened since the publication of the expert committee report approximately a decade ago. One of their primary assertions was premised on food security.
It was argued that it is crucial that edible oil is made cheaper for our nation's people as, currently, 55–60% of edible oil consumed in India is imported.
"As India is importing and consuming oil derived from GM crops, opposition to such technology based on such unfounded fears of adverse impact is only hurting farmers, consumers and industry," the centre said.
