Supreme Court split on nod to GM mustard, bigger bench to decide the case

Supreme Court on genetically modified crops

The Supreme Court on July 23 delivered a split verdict on plea challenging the constitutional validity of permission granted by the Genetic Engineering Appraisal Committee (GEAC) to environmentally release  genetically modified mustard (GM Mustard) into the environment.

A bench of justices BV Nagarathna and Sanjay Karol differed on whether the GEAC meeting, that granted permission for the environmental release of the GM Mustard, was done in compliance with law.

While Nagarathna set aside the permission granted by the GEAC, Karol upheld the same.

However, the bench in unison directed the Union government to come up with a policy on Genetically Modified Organisms (GMOs) after consulting with experts in a period of four months. The court said "For the aforesaid purpose, the MOEF shall conduct a national consultation, preferably within the next four months, with the aim of formulating a national policy on GM Crops."

In late 2022, the court had ordered status quo on the planting of genetically modified mustard, continuing the ban on the cultivation of the oil seed.

The Genetic Engineering Appraisal Committee (GEAC) of the Union environment ministry approved the commercial cultivation of GM mustard.

The GEAC has recommended the release of GM mustard, which, according to experts, paves the way for its commercial cultivation.

The move came amid opposition from green groups which say commercial cultivation of GM mustard could have an adverse impact on human health and food security.

The court passed the order in separate pleas by activist Aruna Rodrigues and NGO 'Gene Campaign' seeking a moratorium on the release of any genetically modified organisms (GMOs) into the environment pending a comprehensive, transparent and rigorous biosafety protocol in public domain conducted by independent expert bodies