Supreme Court Split on GM Mustard Environmental Release, Awaits Larger Bench Decision

The Supreme Court delivered a split verdict on the environmental release of genetically modified (GM) mustard, with Justices BV Nagarathna and Sanjay Karol differing in opinion. The matter is now referred to a larger bench. Both judges agree on the need for a national GM crops policy.

The Supreme Court on Tuesday issued a split verdict regarding the environmental release of genetically modified (GM) mustard. Justices BV Nagarathna and Sanjay Karol presented conflicting views on the issue, prompting the matter to be referred to a larger bench for further examination.

The apex court directed the registrar to place the case before Chief Justice of India DY Chandrachud to constitute a larger bench. Despite their differences, both Justices concurred that the central government should formulate a comprehensive national policy concerning GM crops. The court instructed the government to consider this matter carefully.

Justice Nagarathna criticized the rapid approval process for GM mustard by the Genetic Engineering Appraisal Committee (GEAC) in October 2022, labeling it a gross violation of laws and public interest principles, including intergenerational equity. Conversely, Justice Karol defended the GEAC's decision, citing a lack of evidence for any arbitrariness or irregularities.

The court was addressing multiple petitions challenging the Centre's decision to permit the environmental release of GM mustard. Representatives for the Centre, including Attorney General R Venkataramani and Solicitor General Tushar Mehta, argued in favor of the government's stance, while advocates Prashant Bhushan and Sanjay Parikh represented the petitioners.

The Supreme Court stated that its decision would focus on the best interests of the country rather than delving into scientific debates. The Centre justified its push for GM mustard, emphasizing the goal to enhance farm productivity and farmer incomes through advanced genetic technologies.

India currently imports a substantial percentage of its edible oil, making self-sufficiency an urgent priority. Strengthening plant breeding programs with genetic engineering is deemed crucial for food security and reducing foreign dependency. The Centre argued that the domain of genetic engineering should remain with experts and that regulatory mechanisms are in place to ensure safety and compliance.

The conditional approval granted to the environmental release of GM mustard aims to advance seed production and testing under the supervision of the Indian Council for Agricultural Research (ICAR), preceding any commercial release.