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The Centre has filed a plea in 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 the Union of India in the additional affidavit on November 09, 2022 supplemented by the detailed submissions made before this 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 said.

The application stated that mustard is the most important edible oil and seed meal crop of India. 

"At present, India meets nearly 55-60 % of its edible oil demand through imports. As such, indigenous development of transgenic varieties through the male sterility/restorer system is a critical element in ensuring India's future food security as this technology will be utilised to produce new hybrids with higher yields in future, thereby increasing agricultural output and farmer income," it said.

The huge policy implications involved deserve early resolution. In the meanwhile, the process sanctioned under the conditional approval on October 25, 2022 must continue and arrive at its conclusions, it added.

With the second growing season under the conditional approval granted by the Union government approaching in the months of September and October of 2023, the Centre asked the court to consider discharging it from the oral statement made in a specific context for a limited purpose at the relevant time.

The top court, had in January 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.

The government also asserted, "It is made clear that as per the conditional approval, environmental release of GM mustard hybrid DMH-11 is for its seed production and testing as per existing ICAR guidelines and other extant rules/regulations prior to commercial release. The commercial release of GM mustard hybrid DMH-11, in accordance with the regulatory regime, will be consequential to and determined by the results/ findings of its testing undertaken as per extant guidelines/rules/regulations." 

On Tuesday, as a counsel from the Union government informed a bench of Justices B V Nagarathna and Ujjal Bhuyan about the application. 

The court sought a response from the petitioner NGO Gene Campaign upon it and put the matter for consideration next week.

Earlier, an application was 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.