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Informist, Tuesday, Jul 23, 2024

 

NEW DELHI – The Supreme Court today delivered a split verdict on the environmental release of genetically modified mustard crops. The two-judge bench hearing the case was divided on the validity of the conditional approval given by the Genetic Engineering Appraisal Committee and, subsequently, the Ministry of Environment, Forest, and Climate Change for environmental release of transgenic mustard hybrid DMH-11.

 

Justice B.V. Nagarathna said the decisions by the committee and the government were vitiated and liable to be quashed. Justice Sanjay Karol said the decision of the committee to grant conditional approval for environmental release was not vitiated by non-application of mind or any other principle of law.

 

Following the difference of opinion between the judges, the bench asked the registry to place the matter before Chief Justice of India D.Y. Chandrachud to constitute an appropriate bench to consider the aspect afresh.

 

At a meeting on Oct 18, 2022, the Genetic Engineering Appraisal Committee--which functions under the environment ministry--cleared a proposal for commercial cultivation of genetically modified mustard, which would make it the first genetically modified food crop to be cultivated in India.

 

The committee allowed the environmental release of two varieties of genetically engineered mustard. These varieties can be used to develop new parental lines and hybrids under the supervision of the Indian Council of Agricultural Research. The petitioner Gene Campaign and other parties approached the apex court contending that genetically modified mustard will have a cascading effect and be unfit for human consumption.

 

Today, Justice Nagarathna said the committee recommended the environmental release of transgenic mustard hybrid DMH-11 without any deliberation, and the recommendation was accepted by the central government. "All of a sudden, environmental release of DMH-11 was approved even in the absence of field trials for conducting studies on the impact of honeybees and other pollinators," she said.

 

The committee's proposal was accepted by the environment ministry and immediately notified without any further consideration at its level and without any interdepartmental consultation with the Ministry of Health, Ministry of Agriculture, and Department of Biotechnology in the Ministry of Science and Technology, Justice Nagarathna said.

 

"The Union of India could not have unilaterally acted on such a serious matter without bringing it to the notice of the States, particularly the northern and northwestern States of the country where mustard is being grown," she added.

 

Justice Karol said conditional release of genetically modified mustard was made subject to several conditions, including the revocation of approval in case an adverse impact is shown on the environment or human health. "Field testing of DMH-11, pursuant to the conditional approval of the GEAC, with sufficient safeguards and precautions, ought to continue and cannot be said to be violative of the precautionary principle and, therefore, the constitutional challenge thereto fails," he said. The composition of the committee was in accordance with the law and the challenge of constitutionality failed, Justice Karol said.

 

The judges agreed, however, on directing the government to evolve a national policy on genetically modified crops in the realm of research, cultivation, trade, and commerce. The policy must be formulated in consultation with all stakeholders, such as experts in agriculture, biotechnology, state governments, and farmers' representatives, the bench said. 

 

The environment ministry should conduct a national consultation, preferably within the next four months, to formulate the national policy on genetically modified crops, the court said.  End

 

Reported by Surya Tripathi

Edited by Rajeev Pai

 

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