Challenge to Centre's approval of GM mustard: SC defers matter to Apr 15

The Supreme Court on Thursday deferred to April 15 the hearing on pleas against the validity of the Centre's 2022 decision granting conditional approval on the environmental release of genetically modified (GM) mustard crop.

A bench of Justices Abhay S Oka, Sudhanshu Dhulia and Ujjal Bhuyan adjourned the matter after attorney general R Venkataramani sought time to argue the matter.

Venkataramani said a series of discussions at the highest level of the government were underway.

Advocate Prashant Bhushan, appearing for the petitioners, submitted the special bench was directed long ago to hear the matter on Thursday and sought to argue.

The top court, however, said it wanted to hear the matter at length without any discontinuity.

The matter was then posted for hearing on April 15 and 16.

On July 23, 2024, the apex court delivered a split verdict on the validity of the Centre's 2022 decision granting conditional approval for environmental release of GM mustard crop.

It, however, unanimously directed that the Centre was required to formulate a national policy over GM crops for research, cultivation, trade and commerce in the country.

On October 18, 2022, 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 -- recommended the environmental release.

A subsequent decision was taken on October 25, 2022, approving the environmental release of transgenic mustard hybrid DMH-11, a variety of GM mustard.

A bench of Justices B V Nagarathna and Sanjay Karol gave divergent opinions on the validity of the two decisions and directed the matter to go before then Chief Justice of India D Y Chandrachud for adjudication by an appropriate bench.

The bench was unanimous in its finding that a judicial review of both the October 18 and October 25 orders of GEAC was permissible.

It said the MoEF&CC should conduct a national consultation in the coming months with the aim of formulating the national policy on GM crops.

The state governments should be involved in evolving the national policy on GM crops, it said.

The bench also asked the Centre to ensure all credentials and past records of any expert participant in the decision-making process should be scrupulously verified.

"Conflict of interest, if any, should be declared and suitably mitigated by ensuring representation to a wide range of interests. Rules in this regard may be formulated having a statutory force," it added.

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

The top court's 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 into the environment pending a comprehensive, transparent and rigorous bio-safety protocol in the public domain conducted by independent expert bodies.

Transgenic mustard hybrid DMH-11 has been developed by the Centre for Genetic Manipulation of Crop Plants at Delhi University.

The government has so far approved only one GM crop -- BT cotton -- for commercial cultivation in 2002.