Supreme Court Issues Split Verdict On Environmental Release Of GM Mustard Seeds, Matter Referred To CJI Chandrachud

The apex court of India has delivered a split verdict regarding the validity of the centre's 2022 decisions on the environmental release of the mustard hybrid DMH-11 for seed production and testing.

Consequently, the matter has now been referred to Chief Justice of India D Y Chandrachud for further adjudication by an appropriate bench as per a report by The Economic Times.

The bench, composed of Justices B V Nagarathna and Sanjay Karol, reviewed pleas challenging the Genetic Engineering Appraisal Committee (GEAC)'s recommendations from 18 October 2022, and the subsequent decision on 25 October 2022, to approve the environmental release of the transgenic mustard hybrid DMH-11.

Despite the split verdict, both justices agreed on the need for the centre to develop a national policy on genetically modified (GM) crops.

The bench also ordered the environment ministry to engage in a consultation process with all relevant stakeholders and experts, ideally within four months, before establishing this national policy.

Regarding the environmental release of GM crops, Justice Nagarathna stated that the GEAC's decisions were flawed due to the absence of a health department member and the non-attendance of eight other members.

In contrast, Justice Karol argued that the GEAC's decisions did not exhibit any apparent arbitrariness and were not flawed. He emphasised that field trials for the environmental release of GM mustard should be conducted with strict safeguards.

The Supreme Court's verdict was in response to separate pleas by activist Aruna Rodrigues and the NGO 'Gene Campaign,' both of which called for a moratorium on the release of any genetically modified organisms (GMOs) into the environment until a comprehensive, transparent, and rigorous biosafety protocol is established and made public by independent expert bodies.