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Consider biosafety for fresh approval to GM products: court

Legal Correspondent

Invite M.S. Swaminathan, Bhargava to GEAC meetings

New Delhi: The Supreme Court has asked the Genetic Engineering Approval Committee (GEAC) to consider applications for grant of fresh approvals to genetically modified products after considering all aspects including biosafety.

Acting on a public interest litigation petition from Aruna Rodrigues, the court in September 2006 stayed grant of fresh approvals and in May 2007, the order was modified permitting grant of approvals to 24 new GM varieties. The PIL petition sought a ban on release of genetically modified organism/seeds having the potential to cause major health hazards.

On Wednesday, a Bench comprising Chief Justice K.G. Balakrishnan and Justices R.V. Raveendran and J.M. Panchal gave a further direction on an application filed by the Centre and on behalf of those who had submitted applications for approvals to new varieties other than the 24 varieties already permitted.

After heated exchanges, the Bench brushed aside the opposition and concern expressed by counsel Prashant Bhushan and Sanjay Parikh over granting blanket approvals by the GEAC. The Bench said the GEAC would also take into consideration counsel’s submission of danger to the environment if open field trials of new GM varieties were permitted.

The Bench asked the Union Ministry of Environment to bring agricultural scientist M.S. Swaminathan and scientist P.M. Bhargava as special invitees for all GEAC meetings at which fresh approvals were to be considered. It asked the GEAC to publish the guidelines for giving approvals to new varieties.

No stifling research

Earlier the Chief Justice told counsel: “We don’t approve your contention that nobody should be allowed to do research. We can’t stifle research. We don’t think that the GEAC will act irresponsibly. The GEAC being an expert body, we can’t say that they don’t know anything. There are eminent scientists who are concerned with the rights of the people and the future of this country. They will examine all aspects before granting approvals.”

Counsel alleged that the government policy was to give speedy clearance for genetically modified organisms (GOMs) even before putting in place a mechanism to test their biosafety value. The GMO seeds were a pest-resistant, high producing variety but with the inherent drawback of passing on strands of pesticide to human body that could in future blow up as multiple health problems.

Precautionary principle

Counsel said the use of genetic engineering technology and release of GM organisms into the environment would require the application of precautionary principle. This mandated that every possible precaution be taken to ensure that no harmful effects ere caused to human and animal health and environment.

The Chief Justice said, “The precautionary principle is applied only in the case of projects affecting environment, not in the field of research.”

Counsel argued that release of new GM varieties in open field trials would cause irreversible damage to the environment and harm the interests of “our farmers, their crop choices, our food and health.”

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