The Supreme Court today delivered a split verdict on whether the commercial sale of Genetically Modified Mustard (GM Mustard) should be allowed in India.
A Division Bench comprising Justice BV Nagarathna and Justice Sanjay Karol today pronounced two separate judgments in the matter. Justice BV Nagarathna has ruled against allowing the commercial sale and release of GM Mustard in India for now.
She remarked that the Genetic Engineering Appraisal Committee (GEAC) had approved GM Mustard sale without relying on any indigenous studies on the effect of GM Mustard in India and its possible environmental ramifications.
She further pointed out that only foreign research studies available globally have been used to make recommendations. She continued that when the applicability is in India, research studies conducted indigenously must have been taken note of but nothing has been relied upon. Considering this, she said that approval of 18/10 and 25/10 is vitiated and the expert committee report of 2022 is not binding.
Nonetheless, Justice Karol disagreed and upheld the GEAC’s decision to approve the commercial sale of GM Mustard. He said that the composition of the GEAC is in accordance with rules and therefore constitutional challenge will fail. He further noted that the approval granted by GEAC is by an expert body and hence, challenge to such approval cannot be allowed, and it will fail.
Nonetheless, the Division Bench today agreed on a few aspects, namely, judicial review of decisions taken by GEAC is permissible, the Centre should consider implementing a national policy for a seamless approach for GM crops, the Ministry of Environment will consider a meeting to ensure passing of National Policy within 4 months, and rules must also be formulated. Furthermore, in the matter of importing GM oil, the authorities must rely on Section 23 of the FSSAI Act.
The question of whether commercial sale of GM Mustard should continue for now or not will now have to be heard by a larger Bench of the Court. For the same, the case has been placed before the Chief Justice of India.
The top court was hearing a batch of pleas challenging Central government’s decision to allow for commercial cultivation and release of GM Mustard, christened HT Mustard DMH-11, into the environment.