Context:
Recently, the Supreme Court pronounced a split verdict on the validity of the Centre’s 2022 decision granting conditional approval for the environmental release of genetically modified (GM) mustard crops. This decision reflects the ongoing debate and legal challenges surrounding the introduction and regulation of GM crops in India.
Relevance:
Dimensions of the Article:
- Supreme Court Verdict on Genetically Modified Mustard Hybrid DMH-11
- About Genetically Modified (GM) Crops
- Regulations on Genetically Modified (GM) Crops in India
- GM Mustard: Dhara Mustard Hybrid (DMH-11)
Supreme Court Verdict on Genetically Modified Mustard Hybrid DMH-11
Case Overview:
- The Supreme Court delivered a split verdict on the Centre’s 2022 decisions regarding the environmental release of the genetically modified (GM) mustard hybrid DMH-11 for seed production and testing.
- The case was reviewed by Justices B V Nagarathna and Sanjay Karol, who had differing opinions on the matter.
Justice Nagarathna’s Ruling:
- Invalidation: Justice Nagarathna deemed the decisions of the Genetic Engineering Appraisal Committee (GEAC) on October 18 and 25, 2022, invalid. She cited procedural flaws, such as the absence of a health department member and the absence of eight members from the GEAC meeting.
Justice Karol’s Ruling:
- Proceed with Safeguards: Justice Karol found no manifest arbitrariness in the GEAC’s decisions. He supported the continuation of field trials but stressed that they should proceed with strict safeguards.
Common Agreement:
- Need for Policy: Both justices concurred on the necessity for a national policy on GM crops.
- Action Directed: They directed the Centre to consult with all stakeholders and experts within four months to formulate this policy.
- Referral: The matter has been referred to Chief Justice of India D Y Chandrachud for further adjudication by the appropriate bench.
About Genetically Modified (GM) Crops
Definition:
- Genetic Modification: GM crops are plants whose DNA has been altered using genetic engineering techniques to introduce desirable traits, which may include enhanced resistance to pests, diseases, or environmental conditions, improved nutritional content, or increased yield.
Benefits:
- Higher Yields: Contributes to food security by producing more food.
- Pest and Disease Resistance: Reduces the need for chemical pesticides.
- Herbicide Tolerance: Allows for more effective weed control.
- Nutritional Enhancement: Can be engineered to contain higher levels of essential nutrients, which can help address malnutrition.
- Environmental Impact: Reduced need for chemical inputs can lower the environmental impact of agriculture.
Concerns and Controversies:
- Impact on Biodiversity: There is concern about GM crops affecting non-target species and reducing biodiversity.
- Health Concerns: While research indicates GM foods are safe, public concern remains regarding potential long-term health effects.
- Corporate Control: Patented GM seeds raise concerns about corporate dominance over the food supply and the economic impact on small-scale farmers.
- Ethical Issues: Ethical debates exist over the manipulation of genetic material, with advocates calling for clear labeling of GM products to inform consumer choice.
Regulations on Genetically Modified (GM) Crops in India
Regulatory Framework:
- Ministry of Environment, Forest, and Climate Change (MoEFCC): Oversees all activities related to genetically modified organisms (GMOs) in India.
- Environment (Protection) Act, 1986: The primary legislation under which GMOs are regulated.
- Genetic Engineering Appraisal Committee (GEAC): A statutory body under MoEFCC responsible for reviewing, monitoring, and approving all GMO-related activities, including import, export, transportation, manufacture, use, and sale.
Key Responsibilities of GEAC:
- Approval Process: GEAC must approve the environmental release and commercial cultivation of GM crops.
- Regulations: The GEAC follows guidelines established under the Environment Act for the assessment and regulation of GMOs.
Food Safety and Standards Authority of India (FSSAI):
- Compliance: GM foods must adhere to the regulations set by FSSAI, which governs food safety and quality standards.
Current Status of GM Crops:
- Commercial Cultivation: As of now, only cotton is approved for commercial cultivation in India.
GM Mustard: Dhara Mustard Hybrid (DMH-11)
Background:
- Approval: In 2023, GEAC approved the environmental release of DMH-11 for seed production and testing, pending compliance with ICAR guidelines and other relevant regulations before its commercial release.
Characteristics of DMH-11:
- Development: Created by scientists at Delhi University.
- Genetic Engineering: Uses genes from soil bacteria to enhance the hybridization capability of mustard, a typically self-pollinating plant, making it more suitable for hybrid production.
Regulatory and Public Concerns:
- Court Case: The Supreme Court’s recent split verdict highlighted issues with the procedural validity of the GEAC’s approval process and emphasized the need for a national policy on GM crops.
- Consultation: The court has directed the Centre to consult stakeholders and experts to formulate this policy, reflecting ongoing concerns and the need for a comprehensive regulatory framework.
-Source: The Hindu
