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Gene Campaign & Another vs. Union of India & Others

Not available · 2024 INSC 545Decided 23 Jul 2024
Not available
Mrs. Justice B.V. Nagarathna · Justice Sanjay Karol

Background

A group of writ petitions filed between 2004 and 2016 (along with a civil appeal and two contempt petitions) challenged the Indian government's approach to regulating genetically modified crops, including field trials and commercial releases. The dispute expanded over two decades to also cover the Genetic Engineering Appraisal Committee's (GEAC) October 2022 approval for environmental release of a GM mustard hybrid known as DMH-11.

Decision Breakdown

The Court unanimously held that judicial review of GMO-related decisions by regulatory bodies is permissible. It directed the Union of India to formulate, within four months and in consultation with all stakeholders (scientists, state governments, farmers' representatives), a comprehensive National Policy on GM crops covering research, cultivation, trade and commerce. It further directed that credentials of experts involved in GMO decision-making be verified and conflicts of interest be disclosed and managed, and that GM food imports comply with labelling requirements under the Food Safety and Standards Act, 2006. However, the two judges differed on whether the specific 2022 GEAC approval of DMH-11 mustard was itself valid, so that narrow question was referred to the Chief Justice of India to be placed before an appropriate bench for fresh consideration.

Lesson Learnt

Government decisions approving genetically modified crops are not beyond the reach of courts: citizens can seek judicial review of the process by which such approvals are granted, and courts can order the government to build a transparent, conflict-of-interest-free national policy framework rather than deciding GMO matters on an ad hoc basis.

Official source (sci.gov.in)View Judgment (PDF)

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