1. Application to permit consideration of approvals for GM crop field trials following a prior court order. (Para 1 )
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2008 Supreme(SC) 2183
SUPREME COURT OF INDIA
K.G. BALAKRISHNAN, CJI., R.V. RAVEENDRAN, J.M. PANCHAL, JJ.
Aruna Rodrigues and others - Petitioners
Versus
Union of India and others - Respondents
W.P.(C) No. 260 of 2005 with W.P.(C) No. 115 of 2004 Conmt.Pet.(C) No. 295 of 2007 in W.P.(C) No. 260 of 2005.
Decided on : 13-02-2008
The court permitted the processing of applications for genetically modified crops, mandating that the regulatory committee ensure transparency through independent expert consultation and a rigorous assessment of bio-safety and environmental contamination risks.
Headnote:(A) Genetic Engineering Approvals - Bio-safety and environmental protection - Permission to consider applications for genetically modified crops - Request for approval by applicant - Concerns raised regarding environmental contamination of related species and lack of safety protocols - Request for inclusion of independent experts to ensure transparency - Directions issued to consider all bio-safety aspects and environmental risks before granting approval - Guidelines for approval to be published on official website. (Paras 1-4)
(B) Administrative Law - Transparency in regulatory bodies - Necessity of independent expert consultation in technical approval processes - Right of aggrieved parties to appeal decisions to the Appellate Committee. (Para 3)
Facts of the case:
An application was filed seeking permission to submit requests for the approval of genetically modified crops after a previous court order had withheld such approvals. Opposing parties contended that open field trials could lead to environmental contamination and that the regulatory committee lacked sufficient transparency and independent expertise in its composition.
Findings of Court:
The applicant is permitted to submit applications for consideration. The regulatory committee is directed to consider all applications in accordance with law, specifically examining bio-safety aspects and the risk of environmental damage or contamination to related species. Independent experts should be invited to express their views during the decision-making process.
Issues: Whether applications for the approval of genetically modified crops can be processed by the regulatory committee and what safeguards should be implemented to ensure environmental safety and transparency.
Ratio Decidendi: The court held that while the regulatory committee is permitted to consider applications for genetically modified crops, such approvals must be contingent upon a comprehensive evaluation of bio-safety and environmental risks. To ensure transparency and technical rigor, the inclusion of independent experts in the consultation process and the public availability of approval guidelines are essential.
Result: I.A. disposed of.
Legal Category Hierarchy
Table of Contents
2. Petitioner contends open field trials cause environmental contamination and lack safety guidelines; GEAC constitution lacks transparency. Ministry to invite independent experts. (Para 3 )
3. Court directed GEAC to consider bio-safety aspects and environmental contamination concerns before granting approval for GM crop field trials. (Para 3 )
4. Regulatory approval for GM crops must consider bio-safety and environmental impact before field trials are permitted. (Para 3 )
5. IA disposed; applicant permitted to apply to GEAC; GEAC to publish guidelines on its website. Listed for April 2008. (Para 3 , 4 )
6. Can GEAC consider applications for GM crop field trials during pendency of proceedings?
Yes, GEAC is permitted to consider applications, but must evaluate bio-safety aspects and environmental contamination concerns before final decision. (Para 3 )
7. What factors must GEAC consider before approving GM crop field trials?
GEAC must consider bio-safety aspects, environmental contamination risks to related species, and invite independent experts for input. (Para 3 )
JUDGMENT :
1. On 22.9.2006, this Court directed Genetic Engineering Approval Committee (for short `GEAC') to withhold approvals till further directions were issued by this Court regarding the research of new varieties. The above order was modified by this Court order dated 8.5.2007 as regards Bt cotton. It is stated the GEAC granted approvals in respect of 24 items. This application is filed praying that the GEAC may be permitted to consider applications for approval of other GM crops.
2. The applicant may submit application before the GEAC for consideration.
3. The petitioner alleging that if open field trials of GM varieties are allowed to be conducted it will contaminate the environment and other related species. It is also submitted by the petitioner that proper guidelines have yet not been laid down to regulate the safety precautions and procedures and protocols to be observed before granting approval and the Bio-safety aspects of the seeds are not extensively studied and examined by the GEAC before granting approval. It is also contended that the constitution of GEAC is not proper as it lack independent experts, thereby leading to lack of transparency. Ministry of Environment is requested to invite Dr. P.M. Bhargava, Molecular Biologist, Founder Director Center for Cell & Molecular Biology, Hyderabad and Prof. M.S. Swaminathan, M.S. Swaminathan Research Foundation, Tamarind Lane, Chennai, to its meetings when the applications are considered and before granting approval to these applicants. The said two invitees to the meetings of GEAC will have the liberty to express their views before the Committee before final decision is taken. The GEAC is permitted to consider any application presented to it in accordance with law and take appropriate decisions after considering ail aspects before the final decision is taken including bio-safety aspects. The apprehension expressed by some experts that open field trials may cause serious damage to the environment and cause contamination to the cultivation of related species should also be considered by the GEAC while considering applications for approval. Any one aggrieved by the decision of the GEAC may appeal to the Appellate Committee. I.A. is disposed of, permitting the applicant to make its application to GEAC.
4. The guidelines for granting approval may be published by the Genetic Engineering Approval Committee (GEAC) on its website also. List in the 1st week of April, 2008.
