Supreme Court's GM Mustard Verdict Can Pave The Way For Clear Policy Over Ad Hoc Solutions

A two-judge bench of the Supreme Court rendered a split verdict regarding the "environmental release" of indigenously developed genetically modified (GM) mustard crops.

The environmental release of a genetically modified plant refers to testing these crops in experimental field trials before their actual commercialisation.

The bench, however, directed the Centre to formulate a comprehensive national policy on GM crops for research, cultivation, trade, and commerce in the country.

Notably, the Genetic Engineering Appraisal Committee (GEAC), a statutory body under the Environment Ministry, had recommended the environmental release of "DMH-11" in October 2022 for seed production and testing.

Dhara Mustard Hybrid-11 (DMH-11) is a genetically modified variety of Herbicide Tolerant (HT) mustard created through a cross between the Indian mustard variety 'Varuna' and the East European 'Early Heera-2'.

This decision by the GEAC, the apex technical body for evaluating GM seed testing proposals, was intended to pave the way for the full commercial cultivation of DMH-11 (commonly known as GM mustard).

Following GEAC's approval, activist Aruna Rodrigues and the non-governmental organisation Gene Campaign petitioned the Supreme Court to stay the crop's release, contending that it would encourage farmers to use herbicides banned in India.

While the case will now be referred to a three-judge bench to be constituted by the Chief Justice of India, the broader issues surrounding GM crops await comprehensive deliberation.

Presently, a range of crops, including brinjal, tomato, maize, and chickpea, are in various stages of trials using transgenic technology. However, cotton remains the sole transgenic crop commercially cultivated in India, with BT (Bacillus thuringiensis) cotton having been approved for commercial cultivation by the GEAC in 2002.

A deep suspicion of GM crops has long persisted in India, even as the escalating climate crisis underscores the urgent need for technological solutions, including genetic modification, to bolster agricultural productivity and nutrition security.

This scepticism is amplified by the government's ad hoc approach to the technology. Both current and previous administrations have pursued GM crops with reckless abandon, neglecting the necessary scientific scrutiny and legal safeguards.

Two pivotal reports on GM foods from the highest legislative body in the country underscore this issue — one from the Standing Committee on Agriculture in 2012 at the time of the Manmohan Singh government and the other from the Standing Committee on Science and Technology, Environment and Forests in 2017 during Narendra Modi’s government.

Both issued unanimous warnings about significant weaknesses in the regulatory framework. They called for the utmost caution before the release of GM foods.

The government would be wise to heed the counsel of expert committees and conduct a thorough, independent, and transparent evaluation of the long-term biosafety, environmental risks, and socio-economic impacts of GM crops before authorising their cultivation.

The apex court's directive to undertake a national consultation within the next four months, with the goal of formulating a comprehensive policy on GM crops, represents a pivotal step and could provide a much-needed resolution to this two decade-old debate.