GM Mustard Case | Centre Seeks Withdrawal Of Undertaking Given To Supreme Court Against Commercial Release Of Genetically Modified Mustard

The Centre informed the Supreme Court on Tuesday that it has filed an application for the withdrawal of its oral undertaking given in November 2022 promising to maintain status quo on the commercial cultivation of genetically modified mustard. The undertaking was made before a bench headed by Justice Dinesh Maheshwari, who has since retired. Today, a bench of Justices BV Nagarathna and Ujjal Bhuyan was apprised by the central government of its application, in which it has sought to be discharged from its earlier undertaking saying that it would not take any precipitative steps for the environmental release of the genetically modified crop. The Centre has now contended that Additional Solicitor General Aishwarya Bhati had only given her word in November since the matter had been posted for final hearing in the following week and the sowing cycle was months away. Even though the statement made at the Bar by the law officer was not recorded in the order, it has been honoured by the government, the application has also mentioned.Since the arguments could not be completed due to the retirement of Justice Maheshwari in May and the subsequent reassignment of the part-heard matter, the Centre has argued that the oral undertaking was only made in the specific context of the matter being listed for a final hearing in the following week. This was also not intended to halt the entire process of research or testing under the conditional approval granted by the Government of India for an extended period of time.Mustard, the applicant has emphasised, is the most important edible oil and seed meal crop of India, meeting nearly 55-60 per cent of the country's edible oil demand through imports. Citing the importance of releasing genetically modified mustard with a view to ensuring India's future food security, the government has sought permission for the process to continue and arrive at its conclusion unfettered, especially in light of the upcoming sowing season in the months of September and October -"Indigenous development of transgenic varieties through the male sterility or restorer system is a critical element in ensuring India's future food security as this technology will be utilised to produce new hybrids with higher yields in future, thereby increasing agricultural output and farmer income. The huge policy implications involved deserve early resolution. In the meanwhile, the process sanctioned under the conditional approval dated October 2022 must continue and arrive at its conclusions...The second growing season under the conditional approval granted by the Government of India is also approaching in the months of September and October of 2023. Therefore, it is most respectfully submitted that this court may consider discharging the Union of India from the oral statement made on November 3 which was made in a specific context for a limited purpose at the relevant time as explained."The application has also highlighted the report of a post-release monitoring committee which has found no evidence that would indicate any 'legitimate scientific concern' against the conditional approval granted by the Government of India. The committee made its evaluation on the basis of a limited environmental release of the crop, in terms of the conditions prescribed by the government while giving its approval.During the hearing, Advocate-on-Record Aparna Bhat, appearing for petitioner-NGO Gene Campaign, sought time to file a response - “This application was filed late last night. We have to file a response. They want to withdraw the undertaking that they had given this court. This has to be heard and without our response, it cannot be heard. This undertaking has been in operation all this while. This court may post the matter next week. We can file an application within two days.” The government counsel began explaining, “There was an oral statement made at the time. Now, a lot of time has passed since then…” “That does not mean that it stands withdrawn,” Justice Nagarathna pointed out, “The matter is still pending.” “Yes, that is why we have filed this now,” the counsel said, before requesting the bench to issue notice on the Centre’s latest application. Acceding to this request to issue notice, the bench pronounced – “Respondent Union of India to serve copies of its application on counsel for petitioners, who accept notice on the said application. They seek a week’s time to file their response. List next week.” Other than the non-profit Gene Campaign, the list of petitioners includes Research Foundation for Science Technology and activist Aruna Rodrigues through Advocate-on-Record Prashant Bhushan, and food security activist V Ananthasayanan, through Advocate-on-Record V Shyamohan.Background Under the scanner is the decision of the Union Ministry of Environment, Forest and Climate Change (MoEFCC) to release an indigenously developed genetically modified herbicide-tolerant crop, ...

GM Mustard Case | Centre Seeks Withdrawal Of Undertaking Given To Supreme Court Against Commercial Release Of Genetically Modified Mustard

Awstika Das

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