GM Mustard: To Be or Not To Be

Environmental release of GM Mustard remains a vexed issue. The Centre's decision granting conditional approval for environmental release of genetically modified (GM) mustard crop still hangs in balance. Even the Supreme Court could not resolve the issue. It delivered a split verdict earlier this week on the validity of the Centre's 2022 decision.

The apex court was, however, unanimous in its decision to direct the Centre to formulate a national policy with regard to GM crops for research, cultivation, trade and commerce in the country.

The Genetic Engineering Appraisal Committee (GEAC)- a statutory body under the Ministry of Environment, Forest and Climate Change (MoEF&CC) and regulator of genetically modified organisms in the country- had on October 18, 2022, recommended the environmental release. Then on October 25, 2022, a subsequent decision was taken to allow environmental release of transgenic mustard hybrid DMH-11, a variety of GM mustard.

But, on July 23, 2024, a bench of Justices B V Nagarathna and Sanjay Karol gave divergent opinion on the validity of the two decisions and directed the matter be listed before the Chief Justice of India DY Chandrachud for adjudication by an appropriate bench.

In its bulky 409-page judgement, the bench directed the Centre to evolve a national policy with regard to GM crops in the realm of research, cultivation, trade and commerce in the country. The policy shall be formulated in consultation with all stakeholders, such as experts in the field of agriculture, biotechnology, state governments, representatives of the farmers, etc, the bench directed.

It also said the MoEF&CC shall conduct a national consultation, preferably within the next four months, with the aim of formulating the national policy on GM crops. The state governments too shall be involved in evolving the national policy on GM crops, it said.

On import of GM food and more particularly GM edible oil, the bench said the Centre shall comply with the requirements of Food Safety and Standards Act (FSSA), 2006, which deals with packaging and labelling of foods.

The top court verdict came on separate pleas filed by activist Aruna Rodrigues and NGO 'Gene Campaign' seeking a moratorium on the release of any genetically modified organisms (GMOs) into the environment pending a comprehensive, transparent and rigorous bio-safety protocol in the public domain conducted by independent expert bodies. The government approved only one GM crop- Bt cotton- for commercial cultivation in 2002.