On Tuesday, the Supreme Court issued a split verdict regarding the environmental release of the genetically modified mustard hybrid DMH-11, highlighting differing judicial opinions on the matter. Justices B.V. Nagarathna and Sanjay Karol presided over the case, which centered on the decisions made by the Genetic Engineering Appraisal Committee (GEAC) on October 18 and 25, 2022. These decisions recommended and subsequently approved the environmental release of the GM mustard for seed production and testing.
The division in the bench’s opinion has led to the matter being referred to Chief Justice of India D.Y. Chandrachud for further adjudication by an appropriate bench. Despite their differences on the GM mustard case, both judges agreed on the necessity for the Centre to develop a national policy on genetically modified (GM) crops.
Justice Nagarathna criticized the GEACโs decisions, pointing out procedural deficiencies, including the absence of a health department member and eight other members during the meetings. She argued that these absences vitiated the decisions of the committee.
Conversely, Justice Karol defended the decisions of the GEAC, stating that they did not exhibit any manifest arbitrariness and were not vitiated. He emphasized that field trials for the environmental release of GM Mustard should proceed but with strict safeguards to ensure safety and compliance.
This verdict came in response to separate pleas by activist Aruna Rodrigues and the NGO ‘Gene Campaign,’ which have called for a moratorium on the release of genetically modified organisms into the environment until a comprehensive, transparent, and rigorous biosafety protocol is established and made public.
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The bench also directed the environment ministry to consult with all stakeholders and experts within four months as part of the process to formulate the national GM crops policy.
