Read Time: 06 minutes

Synopsis

A division bench of the Supreme Court yesterday reserved its verdict in a batch of pleas challenging the validity of the Government's decision to allow environmental release of genetically modified mustard/ HT mustard /DMH 11 in five states.

Justices BV Nagarathna and Sanjay Karol reserved the verdict after hearing submissions from Attorney General R Venkataramani, Solicitor General Tushar Mehta on behalf of the government.

Advocates Prashant Bhushan and Senior Advocate Sanjay Parikh appeared on behalf of Gene Campaign.

Court said that it would take a decision based on what was good for the country.

Earlier, court had questioned the Centre about why reports of the court-appointed Technical Experts Committee (TEC) on biosafety of genetically modified (GM) crops were not looked into by the Genetic Engineering Appraisal Committee (GEAC).

Central government last year had filed an application before the Supreme Court seeking discharge from its oral statement, that it would not take any precipitative action on the decision for environmental release of genetically modified (GM) mustard for seed production and testing.

It said the facts placed by it in the additional affidavit on November 09, 2022 supplemented by the detailed submissions made before the court in the course of several hearings clearly showed that the conditional approval of environmental release of GM mustard hybrid DMH-11 has been the result of well-considered scientific evaluation, expert deliberation and regulatory review over the course of nearly 12 years, under a comprehensive regulatory regime.

"The oral statement on behalf of the Union of India on 03.11.2022 was made in the specific context of the present matter being listed for final hearing in the following week and was not intended to halt the entire process of research/testing under the conditional approval granted by the government of India for an extended period of time," it had added.

The application stated that mustard is the most important edible oil and seed meal crop of India. Court has been further told huge policy implications involved deserve early resolution and, in the meanwhile, the process sanctioned under the conditional approval on October 25, 2022 must continue and arrive at its conclusions.

The top court, had in January 2023 stated that it was more concerned about the risk factors than anything else when it comes to the conditional approval granted by the Centre for environmental release of genetically modified (GM) Mustard.

An application was also filed by activist Aruna Rodrigues, questioning validity of the GEAC's (Genetic Engineering Appraisal Committee) decision of October 18 2022, and subsequent decision of the Ministry of Environment and Forests and Climate Change of October 25, to allow environmental release of genetically modified mustard/ HT mustard /DMH 11 in five states.

Case Title: Gene Campaign & Anr vs. Union of India & Ors.