SC Verdict on GM Mustard Approval | 25 Jul 2024

Source: TH

Recently, the Supreme Court (SC) delivered a split verdict on the validity of the Centre’s decision to grant conditional approval for the environmental release of Genetically Modified (GM) mustard crops. Now, the case will be referred to a Supreme Court’s three-judge Bench.

• Genetically Modified (GM) Crops are genetically engineered crops that undergo gene alteration and modification. 

What are the Key Highlights of SC Verdict on GM Mustard?

• Reason Behind Split Judgement:
  • Justice Nagarathna criticised the GEAC for clearing the project without relying on any indigenous studies on the crop’s effect in India and its possible environmental ramifications and only foreign research studies were considered while making the recommendation.
  • In contrast, Justice Karol upheld the GEAC’s clearance for GM mustard’s commercial release
  • However, both judges concurred on certain points raised during the arguments. 
    • They acknowledged that judicial review of decisions made by the GEAC was permissible and emphasised the need for the Centre to consider implementing a national policy.
• Directive for National Policy: 
  • The judges asked the Union Ministry of Environment and Forest to formulate such a policy, along with rules, within four months.  
  • This policy should cover research, cultivation, trade, and commerce, and be developed in consultation with stakeholders including agriculture experts, biotechnologists, state governments, and farmer representatives.
• GEAC's Role: 
  • The Genetic Engineering Appraisal Committee (GEAC) approved the environmental release of the transgenic mustard hybrid Dhara Mustard Hybrid-11 (DMH-11) in October 2022.

What is GM Mustard? 

• About: 
  • Dhara Mustard Hybrid-11 (DMH-11) was developed in India by hybridising the Indian mustard variety ' Varuna' and 'Early Heera-2' (Eastern European variety).
  • It contains two alien genes (‘barnase’ and ‘barstar’) isolated from a soil bacterium called Bacillus amyloliquefaciens that enable breeding of high-yielding commercial mustard hybrids.
  • It is approved by the Genetic Engineering Appraisal Committee (GEAC) for cultivation.
• Characteristics:
  • It is classified as a Herbicide Tolerant (HT) mustard variety and it is engineered to withstand specific herbicides, which can aid in weed control and enhance crop yield.
• Significance:
  • Mustard Contribution in Oil Production and Imports: Despite producing 116.5 lakh tonnes of edible oils in 2021-22, India imported 141.93 lakh tonnes, highlighting a significant gap and there is a projected demand of 34 million tonnes by 2025-26. 
    • Mustard plays a pivotal role, constituting 40% of India's total edible oil production.
  • Potential Yield Enhancement Of GM Mustard: GM Mustard demonstrates a yield increase of approximately 28% compared to the national standard and surpasses zonal benchmarks by around 37%, indicating superior performance in specific agricultural regions.
    • Its varieties like DMH-11 have the capability to substantially increase yields to 3-3.5 tonnes per hectare. 
  • Improved Input Efficiency: GM mustard can optimise resource utilisation by requiring less water, fertilisers, and pesticides compared to traditional varieties. This efficiency is crucial for sustainable agriculture practices and mitigating environmental impact.
  • Reduced Price Volatility: Enhanced production through GM mustard can stabilise edible oil prices in the domestic market, benefiting consumers and ensuring food security.

What are the Concerns Associated with GM Mustard?

• Biodiversity Concern: Potential effects on honeybees due to altered flowering and pollen production.

  • Its altered genes could potentially affect other beneficial such as insects, soil microbes, and wildlife, and unintended harm to beneficial insect populations can disrupt ecological balances essential for agriculture.

• Food Security and Health Concerns: Monoculture cropping facilitated by GM varieties could increase vulnerability to crop diseases and climate change impacts, threatening long-term food security.
  • Potential for creating novel proteins with unknown impacts on human health, as the genes used in GM mustard are not part of the human diet. 
• Ethical Considerations: There are ethical concerns surrounding the commodification of genetic resources like self-terminating seed and exclusive patent regime are the implications for agricultural sovereignty.
  • The introduction of GM mustard raises questions about equitable access to technologies and the rights of farmers to save and exchange seeds.
• Regulatory Challenges: Ensuring compliance with stringent bio-safety protocols and monitoring long-term environmental impacts requires robust institutional capacity and infrastructure and regulatory challenges.

Way Forward

• Biodiversity Mitigation: Conducting extensive research to understand the ecological impacts of GM mustard on non-target organisms and Implementing adaptive management strategies.

• Food Safety and Human Health: Risk assessment of the allergenicity and toxicity of novel proteins introduced into the crop. Investing in long-term studies to monitor the impacts of GM mustard on food security, including its effects on crop diseases.

  • For Example, the successful adoption of Bt cotton in India.
• Ethical Considerations: Equitable access to GM technologies, including the rights to save and exchange seeds to farmers. Implementing policies that protect traditional farming practices and promoting farmer autonomy in decision-making.

• Capacity Building: Strengthening institutional capacity through training regulators, enhancing laboratory facilities for testing GM crops, and improving data collection and analysis capabilities.

  • Establishing transparent regulatory frameworks that incorporate public consultation and stakeholder engagement.

Read more: Herbicide Tolerant (HT) Bt Cotton, BT Cotton in India - Problems and Solutions