SC Delivers Split Verdict on Pleas against Environment Release of GM Mustard

The Supreme Court on Tuesday delivered a split verdict on the validity of the Centre’s 2022 decisions regarding the environmental release of the mustard hybrid Dhara Mustard Hybrid-11 (DMH-11) for seed production and testing.

A bench of Justices B V Nagarathna and Sanjay Karol heard pleas challenging the October 18, 2022, decision of the Genetic Engineering Appraisal Committee (GEAC), the country’s regulator for genetically modified organisms-recommending environmental release and the subsequent decision on October 25 approving the environmental release of transgenic mustard hybrid DMH-11.

After hearing the pleas, the bench rendered a divergent opinion. The matter has been referred to Chief Justice of India D Y Chandrachud for adjudication by the appropriate bench.

However, both judges unanimously directed the Centre to formulate a national policy on genetically modified (GM) crops. The bench instructed the environment ministry to undertake a consultation process with all stakeholders and experts, preferably within four months, before formulating a national policy on GM crops.

Regarding the environmental release of GM crops, Justice Nagarathna stated that the October 18 and 25, 2022, decisions of the GEAC were vitiated due to the absence of a member from the health department and the absence of eight members in total. In contrast, Justice Karol asserted that the GEAC decisions do not suffer from any manifest arbitrariness and are not vitiated. He added that field trials of the environmental release of GM Mustard must be conducted with strict safeguards.

The top court’s verdict came in response to separate pleas by activist Aruna Rodrigues and NGO ‘Gene Campaign,’ which sought a moratorium on the release of any genetically modified organisms (GMOs) into the environment pending a comprehensive, transparent, and rigorous biosafety protocol in the public domain conducted by independent expert bodies.