| Supreme Court GM ban "could be a wake-up call" (23/9/2006) | |
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1.SC bans further approval of GM seed field trials 1.SC bans further approval of GM seed field trials This temporary ban on further permission to field trials of GM seeds was granted by a Bench comprising Chief Justice Y K Sabharwal and Justices C K Thakker and R V Raveendran taking exception to non-filing of response to a PIL highlighting the apprehension of agriculturists about possible mutilation of domestic seed variety by the onslaught of GM seeds. Though the Bench refused the plea of petitioner Aruna Rodrigues' counsel Prashant Bhushan for a stay on the ongoing field trials of GM seeds like Bt Brinjal, it agreed for inclusion of an independent expert in the statutory body for examination of the possible impact of GM seeds before they are given the go-ahead for field trials. Asking additional solicitor general R Mohan and senior advocate Rajiv Dutta to ensure that Centre files its response in two weeks, the court fixed October 13 as the date for next hearing on the PIL. Acting on Rodrigues' PIL, the court had on May 1 asked the government to ensure that no such trials in genetically modified varieties took place without the prior approval of GEAC. It had also warned against indiscriminate field trials of GM seeds. Petitioner had alleged that open field trials of Bt Okra, Bt Brinjal and Bt Rice are being conducted in various parts of the country on the basis of the safety tests conducted by the companies and without any independent verification of their safety claims about GM seeds. 2.Court stays fresh field trials of GM crops A Bench headed by Chief Justice Mr Y.K. Sabharwal also directed the Government to induct scientists and experts into the Genetic Engineering Approval Committee (GEAC), a statutory body for regulating the field trials to examine the issue in depth. The apex court's stay order would, however, not apply to field trials of GM products, which are already underway such as BT brinjal and BT cotton. The Bench passed the orders while dealing with a PIL filed by one Ms Aruna Rodrigues, which complained that the GM products being introduced by some of the MNCs posed serious threat to ecology, crops and human lives. Citing the spate of farmer suicides in Maharashtra's Vidharbha region and other places in the country as an offshoot of the extensive use of GM seeds, the petition had sought a complete ban on their usage. It was alleged that the GEAC, granted permission for the products in a reckless manner without considering the debilitating effect it would have on the crops and human lives. The petitioner said the move to allow large-scale field trials of BT brinjal by biotech company Mahyco, an Indian collaborative and partner company of Monsanto, if not checked would lead to untold hardships to the farmers and large-scale destruction of crops. The Bench would take up the matter for further hearing on October 13. 3.Court: withhold approval for genetically modified products New Delhi: The Supreme Court on Friday asked the Genetic Engineering Approval Committee not to give approval for genetically modified products until further orders. A Bench comprising Chief Justice Y.K. Sabharwal, Justice C.K. Thakker and Justice R.V. Raveendran gave this direction on an application filed by Aruna Rodrigues and three others seeking a ban on release of genetically modified organism/seeds having the potential of causing major health hazards. Counsel Prashant Bhushan alleged that the Government's policy was to give speedy clearance for genetically modified organisms (GOM) even before putting in place a mechanism to test their bio-safety value. He pleaded for stay on grant of fresh approvals and on all field trials of genetically modified crops. Involve experts The Bench said: "We are not inclined to direct stoppage of all field trials at this stage without [knowing] the stand of the respondents. At the same time, we deem it appropriate to direct the GEAC to withhold the approvals until further directions are issued on hearing all concerned. The Government would also consider associating independent experts in the field with the GEAC." It directed that the matter be listed after two weeks. In their public interest litigation, the petitioners said GMO seeds were a pest-resistant, high producing variety with the inherent drawback of passing on strands of pesticide to human body that could in future blow up into major health problems. The hazards included new allergies, greatly increased resistance to antibiotics, and severe toxicity to humans, animals and micro-organisms, resulting in a serious import on human health, and loss of wildlife and biodiversity. In a fresh application, they said genetic engineering, if allowed unchecked, would change the molecular structure of the world's food. 4.Stop giving approvals to field trials of GM crops: SC A bench, consisting of Chief Justice YK Sabharwal, Justice CK Thakkar and Justice RV Ravindran, directed the Genetic Engineering Approval Committee (GEAC) not to give any further approval to the field trials of GM crop until the final judgement was passed on the writ petition by Aruna Rodrigues and other seeking a moratorium on GM crops. The counsel for the petitioner, Prashant Bhushan, told FE, "A rejoinder was filed on behalf of Aruna Rodrigues on August 1. This came up for hearing today and the apex court directed the government to reply to the rejoinder within two weeks." The Supreme Court also directed the GEAC to co-opt independent experts for deciding on GM crops. The judgement has given a relief to NGOs and consumer organisations who were opposing the proposed field trials of the country‚s first transgenic food crop, Bt brinjal. GEAC had formed an in-house panel of experts, headed by Delhi University vice-chancellor Deepak Pental, to review the objections to the proposed Bt Brinjal field trials raised by independent scientists, NGOs and consumer groups. The panel is scheduled to meet on September 25. The apex court's judgement has also given some relief to a group of independent scientists who were opposed to the proposed field trials of Bt brinjal. GEAC has already approved a number of field trials for new Bt cotton hybrid. It has also approved some Bt cotton hybrid for commercial cultivation in the current kharif season. As the court‚s interim verdict is for restraining further approval of GM crops, the approved Bt cotton hybrid have escaped the purview of this order. |
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