Disclose bio-safety data of under-test GM mustard: CIC

The Central Information Commission has directed the environment ministry to share a copy of the bio-safety document related to genetically-modified mustard and the raw data of studies with the caveat that provisions of the Cartagena Protocol on Biosafety as well as confidentiality should be kept in mind.
The transparency panel also directed that the entire bio- safety data pertaining to all other genetically modified crops in the pipeline be put in the public domain as that is part of voluntary disclosures under Section IV of the RTI Act.
The ministry had objected to the disclosure of the data, saying the information is exempted under the RTI clause related to commercial confidence of the third party -- the Centre for Genetic Manipulation of Crop Plants.

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Information Commissioner Sridhar Acharyulu said people should know how and why GM mustard is being permitted or denied because they have to consume the item.
"All documents relating to GEAC recommendation, sub- committee report, revised dossier as recommended and to prepare RARM need to be furnished to the public in general in public interest. Its denial to appellant is not legal," Acharyulu said.

He directed that the environment ministry furnish the certified copy of the Technical Expert Committee (TEC) report and the joint affidavit filed by it and the agriculture ministry in response to the report.
The commissioner said even if the ministry claims exception under Section 8(1)(d), they have to justify the same by substantiating as to how it will breach the commercial confidence of the third party. It added that if so, they can separate the same and give the rest of the information to the appellant.

Terming it information of "public interest", Acharyulu said the ministry should understand that the information sought is supposed to be disclosed on their own as per the mandate under Section 4 of the RTI Act.
"It is a policy decision by the public authority which needs to be revealed to the public in general as mandated by Section 4 because they are going to be affected if GM mustard is marked," he said.
The Information Commissioner said it is quite clear that genetically engineered organisms or cells are recognised by the government as an item potentially hazardous to public health.

It automatically follows that full compliance with these rules is a matter of public interest.
"The decision-making process should be told along with information about whether such process is adopted, minutes of the meetings, results of clinical trial, and entire information about GM mustard etc. This is in public interest," Acharyulu said.
The order came on an RTI plea by Kavitha Kuruganthi, who had sought a copy of the bio-safety document of GM Mustard that is being experimented in fields for trial in India along with raw data of studies conducted.