The Supreme Court has sought a response from the Centre on a plea seeking a stay on its decision to allow the commercial rollout of genetically modified (GM) mustard crop.

It asked the Centre, petitioner NGOs and activist Aruna Rodrigues to come up with scientific data and studies to substantiate their arguments. It also asked the chairman of the Technical Expert Committee (TEC), set up by the apex court, to be present on the next date of hearing to assist in the matter.

A Bench of Justices Arun Mishra and Indira Banerjee said it would like to hear the matter at length next month “as these issues cannot be kept pending for long”.

What are GM organisms and foods?

Genetically modified organisms (GMOs) can be defined as organisms in which the genetic material (DNA) has been altered in a way that does not occur naturally by mating and / or natural recombination. The technology is often called “modern biotechnology” or “gene technology”, sometimes also “recombinant DNA technology” or “genetic engineering”.

It allows selected individual genes to be transferred from one organism into another, also between non-related species. Foods produced from or using GMOs are often referred to as GM foods.

GM crops can mitigate several challenges in commercial agriculture. Current market trends project them as one of the fastest growing and innovative global industries, which not only benefit growers but also consumers and major country economies. However, it is imperative that the agricultural industry and science community invest in better science communication and regulation to tackle unethical research and misinformation.

Are GM crops allowed in India?

Bt cotton is the only GM crop approved in 2002 by the Genetic Engineering Appraisal Committee (GEAC) of the ministry of environment, forest and climate change (MoEF&CC) for commercial cultivation in the country.

Cultivation of other unapproved GM crops are banned in India. Few incidences of suspected open cultivation of Bt brinjal and herbicide-tolerant Bt cotton (HTBT) cotton were reported in Maharashtra, Haryana, Punjab, Gujarat and Andhra Pradesh.

The department of agriculture, cooperation and farmers welfare have issued advisories to states to take appropriate necessary action to curb and control the spread of Bt Brinjal and HTBT cotton. State governments have given directions to all district administrations to take necessary legal steps to curb the production and sale of illegal GM crops.

There is a well-established regulatory framework for the approval of GM crops as per “Rules for the Manufacture / Use / Import / Export and Storage of Hazardous Microorganisms, Genetically Engineered Organisms or Cells, 1989” under the Environment (Protection) Act, 1986.

The evaluation of each application of GM crop is done on a case-to-case basis after a thorough examination of health, environment, food and feed safety assessment studies undertaken in a systematic and scientific manner as per prescribed guidelines, manuals and standard operating procedures stipulated by various regulatory agencies under the Rules, 1989, from time to time.

The data generated by the applicants is reviewed at every step in the development process of GM crops by various statutory committees under the Rules, 1989, such as Institutional Biosafety Committee, Review Committee on Genetic Manipulation and Genetic Engineering Appraisal Committee.

What is the role of GEAC?

The Genetic Engineering Appraisal Committee (GEAC) functions under the environment ministry. As per Rules, 1989, it is responsible for the appraisal of activities involving large-scale use of hazardous microorganisms and recombinants in research and industrial production from the environmental angle.

The committee is also responsible for the appraisal of proposals relating to release of genetically engineered (GE) organisms and products into the environment, including experimental field trials.

It has 24 members and meets every month to review the applications in the areas indicated above.

Stay on GM mustard

Mustard is one of India’s most important winter crops, which are sown between mid-October and late November.

Advocate Prashant Bhushan, appearing for Rodrigues, said the government had earlier assured the court that before allowing the commercial rollout of GM mustard crop, it would seek the court’s permission.

Bhushan said a TEC report has pointed out that the entire regulatory system was in shambles and a 10-year moratorium should be given. He said that despite the court’s order and contrary to the report of TEC, the government has allowed the commercial use of GM mustard crop.

The apex court said: “It is a matter which requires detailed hearing. All the parties should file written arguments in detail before the next date of hearing.”

The Centre had told the apex court that it will soon take a decision on whether to allow the commercial rollout of GM mustard. The apex court had then said that if the government takes a decision in favour of GM mustard crop, then the court would like to hear the petition challenging the commercial release.

The apex court had on October 17, 2016 extended the stay on the commercial release of GM mustard until further orders. It had also asked the Centre to seek public opinion on such seeds before releasing them for cultivation.

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