SC asks Centre to spell out 'compelling' reasons for release of GM Mustard

The Supreme Court on Thursday asked the Union government to spell out the “compelling reason” for release of genetically modified Mustard at this stage and if it can be delayed till a clear and better understanding emerged on the issue.

A Bench of Justices Dinesh Maheshwari and B V Nagarathna also asked Attorney General R Venkatramani to respond to whether environmental release of GM Mustard will have irreversible consequences.

The court fixed the matter for consideration on Wednesday.

In an effort to defend its decision on release of GM mustard, the government contended that there are enough regulatory processes and procedures being followed and unless there are deficiencies, the court cannot intervene on the basis of an “ideological” report giving a divergent view.

Read | Do we need GM mustard?

“Look at the global picture, there is more than one opinion. The court cannot go into the question - which science is good and which is bad. Rules of law means procedures, processes, guarantees, compliances. That is where the court comes in,” the A-G said.

The bench, however, asked, "Is there a compelling reason to make GM mustard available now or you need to take more safeguard, safety measures etc., so that there is no irreparable injury or adverse affect?"

Citing previous court orders and developments, the A-G said that the permission to conduct Biosafety Research Level-I trials for GM mustard was given by GEAC in 2014 and there was a national and public interest involved in its commercial cultivation.

“New GM hybrid with higher output can enhance agricultural income and reduce foreign dependency,” he said.

The bench again asked him, "Are you saying that if we don't do it then we are doomed. Indian farmers are not like Western farmers. Let us understand the reality in India. There may be a lot of Krishi Mela etc., but situation on ground is different."

The government had earlier claimed developing productive GM hybrids will enhance productivity and reduce the dependency on imports as the present edible oil consumption in India surpasses the domestic production rate.

GEAC (Genetic Engineering Appraisal Committee) had on October 18 allowed the environmental release of two varieties of GM mustard so that it can be used for developing new parental lines and hybrids under the supervision of the Indian Council of Agriculture Research (ICAR).

Two PILs filed by 'Gene Campaign' and activists led by Aruna Rodrigues sought moratorium on the release of GM mustard on the cultivation of the oil seed.

On Wednesday, the petitioners by advocate Prashant Bhushan and senior advocate Sanjay Parikh sought a direction to the government to uproot the GM mustard seeds which have started germinating to prevent the environment from getting irreversibly contaminated.