Source: Supreme Court 

Why in News? 

Recently in Gene Campaign & Anr. v. Union of India & Ors the Supreme Court delivered a split verdict on petitions challenging the Union Government's approval for genetically modified mustard.  

• Justice BV Nagarathna invalidated the approval, citing public interest concerns and procedural flaws, while Justice Sanjay Karol upheld it, emphasizing scientific development. 
• With differing opinions, the bench referred the matter to the Chief Justice to constitute a larger bench, delaying implementation pending further review, despite the government's agreement not to proceed with the decision. 

What was the Background of Gene Campaign & Anr. v. Union of India & Ors ? 

• The petitions challenging the Union Government's approval to release genetically modified (GM) mustard for commercial cultivation in India. 
• This GM mustard variety, called 'HT Mustard DMH-11', would be the first transgenic food crop to be cultivated in India if approved. 
• The Union Government had agreed not to implement the decision during the petition hearing. 
• The GEAC, functioning under the Ministry of Environment, Forests and Climate Change, was approved on 18th October 2022. 
• The subsequent decision for the environmental release of transgenic mustard was made on 25th October 2022. 
• Non-governmental organizations and activists filed public interest litigations (PILs) challenging this decision. 
• In 2012, the Supreme Court had constituted a Technical Expert Committee (TEC) to examine GMO regulations. 
• The TEC had opined that the GMO regulatory system in India was in 'complete disarray' and needed improvement. 
• The Court expressed displeasure that GEAC did not consider the TEC's report before making its decision in October 2022. 
• The release of GM Mustard was put on hold after the Court asked the Centre to maintain status quo in November 2022. 
• The petitioners, argued about the dangers of genetically modified organisms, particularly in open-field trials. 
• The Centre argued that the scope of the court's inquiry should be narrow and that the current bio-safety regime addresses all concerns. 
• The Centre also contended that GM Mustard has a higher yield compared to non-GM varieties and that large-scale adoption of GM crops has occurred in other major agricultural countries. 
• The Supreme Court delivered a verdict on 23rd July, 2024, on these petitions. 

What were the Court’s Observations? 

• The Court noted that judicial review of the Genetic Engineering Appraisal Committee's (GEAC) decision is permissible. 
• The Bench observed that the Union of India is required to evolve a national policy regarding genetically modified (GM) crops, to be framed in consultation with all stakeholders, including states and farmers' groups. 
• The Court directed the Ministry of Environment and Forests to conduct a national consultation within four months for policy formulation. 
• The Bench held that the Union must ensure scrupulous verification of experts' credentials and mitigation of conflicts of interest, with rules to be framed accordingly. 
• The Court emphasized that provisions of the Food Safety and Standards Authority of India (FSSAI) Act should be enforced in matters of importing GM food. 
• Justice Nagarathna opined that the GEAC approval of 18th October, 2022, and the subsequent decision of 25th October, 2022, regarding environmental release of transgenic mustard are "vitiated" and contrary to the principle of public interest. 
  • The Court observed that the decision was taken in haste, without considering several aspects, including the impact on health and environment. 
• Justice Nagarathna noted that the failure to adequately assess the impact on health and environment infringes upon intergenerational equity. 
  • The Bench expressed displeasure at GEAC's non-consideration of the Technical Expert Committee's (TEC) report before making its decision in October 2022. 
  • Justice Nagarathna held that ignoring the TEC report would result in undermining the earlier orders of the Court. 
• The Court found that the impugned approval was in gross violation of principles of public trust. 
• Justice Karol, in his dissenting opinion, held that the approval given by GEAC was not vitiated and issued directions for strict monitoring by the Union Government. 
  • Justice Karol observed that the Court often must balance between competing interests of concerned organizations and the Government's push for scientific development. 
  • The Court noted that procedural gaps would not necessarily result in the violation of fundamental rights. 
  • Justice Karol concluded that the conditional approval leading to field trials is in line with the governmental approach for scientific temper. 
  • The Bench directed that GEAC would be responsible for taking all precautions to ensure no contamination takes place during field testing. 
• In view of the split verdict, the Court directed the registry to place the matter before the Chief Justice of India for constitution of a larger bench to hear the matter afresh. 

What are Genetically Modified (GM) Crops? 

• GM crops are derived from plants whose genes are artificially modified, usually by inserting genetic material from another organism, in order to give it new properties, such as increased yield, tolerance to a herbicide, resistance to disease or drought, or improved nutritional value. 
• Earlier, India approved the commercial cultivation of only one GM crop, Bt cotton, but Genetic Engineering Appraisal Committee (GEAC) has recommended GM Mustard for commercial use. 
• Genetically Modified Organism (GMO) regulations govern the approval, cultivation, and commercialization of genetically modified organisms, ensuring safety assessments, environmental impact evaluations, and compliance with national and international standards. 

What is GM Mustard? 

• Dhara Mustard Hybrid-11 (DMH-11) is an indigenously developed transgenic mustard. It is a genetically modified variant of Herbicide Tolerant (HT) mustard. 
• DMH-11 is a result of a cross between Indian mustard variety ‘Varuna’ and East European ‘Early Heera-2’ mustard. 
• It contains two alien genes (‘barnase’ and ‘barstar’) isolated from a soil bacterium called Bacillus amyloliquefaciens that enable breeding of high-yielding commercial mustard hybrids. 
• DMH-11 has shown approximately 28% more yield than the national check and 37 % more than the zonal checks and its use has been claimed and approved by the GEAC. 
• “Bar gene” maintains the genetic purity of hybrid seed. 

What are Regulatory Mechanisms for Genetically Modified (GM) Crops in India? 

• Genetic Engineering Appraisal Committee (GEAC):  
  • Principal regulatory body under the Ministry of Environment, Forest and Climate Change 
  • Responsible for approving large-scale field trials and commercial release of GM crops 
  • Reviews biosafety data and environmental impact assessments 
  • GEAC safety assessment includes molecular characterization ,Food safety studies and environmental safety studies, including field trials, impact on soil, pollen flow studies 
• Review Committee on Genetic Manipulation (RCGM):  
  • Operates under the Department of Biotechnology 
  • Oversees research activities and small-scale field trials 
  • Monitors safety-related aspects of ongoing research projects 

What is the Status of GM Crops in India? 

• BT Cotton: 
  • To tackle the bollworm attack that had devastated cotton crops in the past, Bt cotton was introduced which was jointly developed by the Maharashtra Hybrid Seeds Company (Mahyco) and the US seed company Monsanto. 
  • In 2002, the GEAC approved Bt Cotton for commercial cultivation in 6 states such as Andhra Pradesh, Gujarat, Karnataka, Madhya Pradesh, Maharashtra, and Tamil Nadu. It has to be noted that, Bt cotton is the first and only transgenic crop approved by the GEAC. 
• BT Brinjal: 
  • Mahyco jointly developed Bt Brinjal with the Dharwad University of Agricultural Sciences and the Tamil Nadu Agricultural University. 
  • Even though GEAC 2007 had recommended the commercial release of Bt Brinjal, the initiative was blocked in 2010. 
• GM-Mustard 
  • Dhara Mustard Hybrid-11 or DMH-11 is a genetically modified variety of mustard developed by the Delhi University’s Centre for Genetic Manipulation of Crop Plants.  
  • The researchers at Delhi University have created a hybridized mustard DMH-11 using “barnase/barnstar” technology for genetic modification.  
  • It is a Herbicide Tolerant (HT) crop. 
  • Commercial cultivation of high-yielding GM mustard in India has not begun yet.