25-July-2024-Special-Article

SUPREME COURT VERDICT ON GM MUSTARD

The Supreme Court recently delivered a split verdict on the decision of the Centre to grant conditional approval for the environmental release of Genetically Modified (GM) mustard crops.

This decision has brought significant attention to the subject and will now be reviewed by a three-judge Bench of the Supreme Court.

Key Highlights of the SC Verdict

Reason Behind Split Judgement:

Justice Nagarathna’s View:

• Criticized the Genetic Engineering Appraisal Committee (GEAC) for relying only on foreign studies rather than indigenous research.
• Concerned about the environmental impact and lack of localized studies on GM mustard.

Justice Karol’s View:

• Supported the GEAC’s decision to clear GM mustard for commercial release.

Common Ground:

• Both judges agreed that the GEAC’s decisions are subject to judicial review.
• Emphasized the need for the Union Ministry of Environment and Forests to develop a comprehensive national policy on GM crops.

Directive for National Policy:

Policy Formation:

• Judges instructed the Union Ministry to create a national policy within four months.
• The policy should encompass research, cultivation, trade, and commerce of GM crops.
• It must be developed in consultation with various stakeholders, including agriculture experts, biotechnologists, state governments, and farmer representatives.

GEAC’s Role:

Approval:

• In October 2022, the GEAC approved the environmental release of Dhara Mustard Hybrid-11 (DMH-11), a transgenic mustard hybrid.

What is GM Mustard?

Development:

• DMH-11 was created in India by crossbreeding the Indian mustard variety ‘Varuna’ with ‘Early Heera-2’, an Eastern European variety.
• It includes two foreign genes (‘barnase’ and ‘barstar’) from a soil bacterium, enhancing hybrid mustard yield.

Characteristics:

• Classified as a Herbicide Tolerant (HT) variety, it can resist specific herbicides, aiding in weed control and boosting yield.

Significance:

Mustard’s Role:

• Mustard contributes significantly to India’s edible oil production, comprising 40% of the total.
• Despite producing 116.5 lakh tonnes of edible oil in 2021-22, India imported 141.93 lakh tonnes, showing a substantial gap.

Yield and Efficiency:

• GM Mustard offers a yield increase of about 28% over the national average and surpasses regional benchmarks by around 37%.
• Expected to yield up to 3-3.5 tonnes per hectare and is more efficient in water, fertilizer, and pesticide use.

Economic Impact:

• Potential to stabilize edible oil prices and ensure food security through increased production.

What are Genetically Modified (GM) Crops?

GM crops are plants with altered genes, often by incorporating genetic material from other organisms to enhance traits such as yield, herbicide resistance, or disease tolerance.

Current Status:

• India has previously approved only Bt cotton for commercial cultivation. GM Mustard is now recommended for similar use by the GEAC.

Challenges Faced by Bt Cotton

Issues Encountered:

• Insect Resistance: Emergence of insect resistance to Bt toxin due to overreliance.
• Secondary Pest Outbreaks: Increased populations of pests like aphids and whiteflies, necessitating additional pesticide use.
• Environmental Impact: Concerns about the effect of Bt cotton on non-target beneficial insects.
• Economic Debate: While Bt cotton initially increased yields, its long-term economic benefits are debated.

What is the Genetic Engineering Appraisal Committee (GEAC)?

Role and Function:

• Purpose: The GEAC, under the Ministry of Environment, is tasked with reviewing large-scale use of genetically engineered organisms.
• Responsibilities: Appraise proposals for releasing GE organisms into the environment and oversee experimental field trials.
• Structure: Chaired by the Special Secretary/Additional Secretary of MoEF&CC, with a representative from the Department of Biotechnology.

Concerns Associated with GM Mustard

Biodiversity Concerns:

Impact on Ecosystem:

• Potential effects on honeybees and other beneficial organisms.
• Risks of unintended ecological harm disrupting agricultural balances.

Food Security and Health Concerns:

• Vulnerability: Monoculture could increase susceptibility to crop diseases and climate change.
• Health Risks: Unknown effects of novel proteins on human health.

Ethical Considerations:

• Commodification: Issues around genetic resource commodification and patent regimes.
• Farmer Rights: Concerns about equitable access and the rights of farmers to save and exchange seeds.

Regulatory Challenges:

• Compliance: Ensuring biosafety and monitoring environmental impacts require robust infrastructure and regulation.

Way Forward

Biodiversity Mitigation:

• Conduct extensive research on ecological impacts and implement adaptive management strategies.

Food Safety and Human Health:

• Assess allergenicity and toxicity of GM mustard’s novel proteins and monitor its effects on food security.

Ethical Considerations:

• Ensure fair access to GM technologies and protect traditional farming practices.

Capacity Building:

• Strengthen regulatory frameworks and institutional capacity through training and improved infrastructure.

Mains question:

1. Discuss the Supreme Court’s split verdict on the environmental release of GM mustard and its implications for national policy on genetically modified crops in India. (150 WORDS)