W.P.(C) No. 115/2004

GENE CAMPAIGN . VS UNION OF INDIA

The Division Bench (two judges) of the Supreme Court delivered a split verdict and the case was directed to be placed before a larger bench for further consideration. The Court directed the Union Government frame a National Policy on GM crops in consultation with all stakeholders including representatives from State Governments. Two separate judgments were authored by Justice Nagarathna and Justice Karol.Justice Nagarathna held that the approval granted by the Union Government for environmental release of transgenic mustard DMH-11 should be invalidated, as there was no consideration of the adverse effects of the transgenic crops on human, animal, and plant health. She directed the GEAC to submit a report on whether DMH-11 mustard is a herbicide resistant crop in consultation with all stakeholders, and to make the report She further directed the Union Government to ensure that the composition of the GEAC is suitably reformed in accordance with the TEC and Parliamentary Standing Committee reports.Justice Karol held that the question of ban on herbicide resistant crops is a matter of public policy and cannot be invalidated in view of precautionary principle. (This principle stipulates that in case of scientific uncertainty, appropriate actions must be taken to prevent irreversible harm to the environment.) He directed that field trials of DMH-11 shall continue strictly in accordance with the imposed safeguards. He further directed GEAC to conduct independent studies on GM organisms and upload it in its website in a timely manner. The GEAC should consider all environmental factors before granting future approvals and should endeavour to establish specifically designated farms for field testing in collaboration with the Union Government.