SC order on GM crops can be implemented

A two-judge Bench of the Supreme Court recently delivered a split verdict on the matter of Genetically Modified Organisms (GMOs) in our food and farming systems. The divided view was mainly around GM Mustard; the matter will now go to another bench to be constituted by the Chief Justice.

However, all other matters related to GM crops will now go to the people’s court, so to speak. The Bench, in its judgment on July 23, 2024 directed that the Ministry of Environment, Forest and Climate Change (MoEFCC) should evolve a national policy on GM crops, preferably within four months, and in consultation with all stakeholders.

Implementing this order may not appear to be easy but in reality is highly doable in this case because of earlier deliberative democratic processes on GM crops.

Credible committees

These earlier processes were run by credible independent committees, and in the case of Bt brinjal, the then Environment Minister Jairam Ramesh. He held seven consultations in early-2010 with the help of a civil society organisation, wherein around 7,000 citizens participated with 9,000 written inputs.

He contacted State governments and got their written inputs. These consultations ended in an indefinite moratorium being placed on Bt brinjal commercial release.

In 2003, the Union Ministry of Agriculture set up a Task Force on Agricultural Biotechnology led by Dr MS Swaminathan for formulating a draft long-term policy and for recommendations to harmonise decision-making across ministries.

The Task Force consulted representatives of industry, State governments, civil society, mass media and farmers’ groups, through 11 meetings between August 2003 and February 2004. Animal husbandry and fisheries were also included in the policy, in addition to aspects like Liability, Compensation, Biosecurity Compact, Right to Information, Trade Security etc.

The Task Force stated that the bottomline for any biotechnology regulatory policy should be the safety of the environment, the well being of farming families, the ecological and economic sustainability of farming systems, the health and nutrition security of consumers, safeguarding of home and external trade and the biosecurity of our nation.

In 2012, the Parliamentary Standing Committee on Agriculture chaired by Basudeb Acharia presented its 37th report titled ‘Cultivation of Genetically Modified Food Crops – Prospects and Effects’, after studying the subject over 27 sittings lasting more than 60 hours, from March 4, 2010 to August 3, 2012, examining 467 memoranda running into nearly 15,000 pages. This Committee interacted with State governments, and made study visits to different parts of the country.

It heard 50 individuals representing public sector scientists, farmers’ organisations, multiple academies of science, industry players, activists, and officials who tendered oral evidence before the Committee (verbatim recording of evidence was 863 pages-long).

One of the key recommendations of this Committee with regard to a statutory biotechnology regulator was that it is too small a focus in the vast canvas of biodiversity, environment, human and livestock health and a multitude of other such related issues. This Committee therefore recommended an all-encompassing statutory Biosafety Authority, to be set up after widespread debate amongst all stakeholders.

Parliamentary panel

Another Parliamentary Standing Committee on Science and Technology, Environment and Forests studied ‘Genetically Modified Crops and Impact on Environment’ in 2016-17. This Committee also heard views of multiple ministries, civil society representatives and experts, held a consultation in Chennai, and presented its report after 11 sittings.

This Committee concluded that unless the biosafety and socio-economic desirability, taking into consideration long-run effects, is evaluated by a participatory, independent and transparent process and a retrieval and accountability regime is put in place, no GM crop should be introduced in India.

The SC-appointed Technical Expert Committee (TEC) also ran consultative processes in 2012-13, and held at least eight meetings with various departments/ministries, agricultural scientists, seed industry representatives etc. The independent experts of the TEC gave a unanimous report recommending amongst many other things a ban on herbicide tolerant crops as well as crops for which India is the Centre of Origin or Diversity, and a 10-year moratorium on Bt food crops.

They pointed out that India does not carry out need-based assessment of GM technology taking into account alternatives available in each case. The TEC recommended that India establish a collaboration with Norway to evolve a comprehensive regulatory system including to assess socio-economic impacts.

The processes run by different high-level bodies as shown above demonstrate that it is indeed possible to draft a policy through widespread consultations. What’s more, the reports of these bodies can form the guidance for the policy to be drafted now.

The writer works on issues of sustainable agriculture and farmers’ rights