Introduction
Genetically Modified (GM) crops involve scientific alterations in their genetic structure to improve yield, resistance to pests, drought tolerance, and nutritional content. While GM technology has the potential to revolutionize agriculture, it also raises ethical, environmental, and health concerns.
Contents
IntroductionConstitutional & Legal Framework for GM Crops in India1. Constitutional Provisions2. Environmental Protection Act, 1986Key Regulatory Bodies for GM Crops in India1. Genetic Engineering Appraisal Committee (GEAC)2. Review Committee on Genetic Manipulation (RCGM)3. State Biotechnology Coordination Committees (SBCCs) & District Level Committees (DLCs)Laws & Policies Governing GM Crops in India1. The Biological Diversity Act, 2002Case Law: Divya Pharmacy v. Union of India (2018)2. The Seed Act, 1966 & Seed Rules, 1968Case Law: Monsanto Technology v. Nuziveedu Seeds Ltd. (2019)3. Food Safety and Standards Act, 2006Case Law: Gene Campaign v. Union of India (2004)4. The Protection of Plant Varieties and Farmers’ Rights (PPVFR) Act, 2001Case Law: PepsiCo India v. Farmers (2021)India’s Stance on GM Crops: Bt Cotton, Bt Brinjal & GM MustardConcerns & Challenges in GM Crop RegulationInternational Framework on GM Crops1. Cartagena Protocol on Biosafety (2003)2. Codex Alimentarius Commission (CAC)Recent Developments & Future OutlookConclusion
India follows a strict legal framework to regulate research, development, approval, and commercialization of GM crops. The regulation involves multiple ministries, scientific bodies, and environmental laws.
👉 Government’s Official Guidelines on GM Crops: Read Here
Constitutional & Legal Framework for GM Crops in India
1. Constitutional Provisions
| Provision | Relevance to GM Crops |
|---|---|
| Article 21 (Right to Life) | Ensures protection against health risks from GM crops. |
| Article 48A | Directs the State to protect the environment, including soil and biodiversity. |
| Article 51A(g) | Citizens’ duty to protect the environment and develop scientific temper. |
| Article 246 | Places agriculture under State jurisdiction, but biotechnology regulation falls under Union control. |
2. Environmental Protection Act, 1986
- Primary law regulating GM crops in India.
- Empowers the Central Government to restrict, prohibit, and regulate GM organisms.
- Under this Act, the Rules for the Manufacture, Use, Import, Export & Storage of Hazardous Microorganisms/Genetically Engineered Organisms (1989) were framed.
👉 Read the Environmental Protection Act, 1986: Click Here
Key Regulatory Bodies for GM Crops in India
India has a multi-tiered regulatory system that oversees GM crop approvals and risk assessments. The key regulatory bodies include:
1. Genetic Engineering Appraisal Committee (GEAC)
- Under the Ministry of Environment, Forest & Climate Change (MoEFCC).
- Approves large-scale trials and commercialization of GM crops.
- Ensures biosafety and environmental risk assessments.
👉 GEAC Guidelines: Click Here
2. Review Committee on Genetic Manipulation (RCGM)
- Under the Department of Biotechnology (DBT), Ministry of Science & Technology.
- Supervises GM research and field trials.
- Ensures compliance with biosafety guidelines.
👉 RCGM Guidelines: Click Here
3. State Biotechnology Coordination Committees (SBCCs) & District Level Committees (DLCs)
- SBCCs oversee GM activities at the state level.
- DLCs monitor GM trials at the district level.
Laws & Policies Governing GM Crops in India
1. The Biological Diversity Act, 2002
- Regulates the transfer of Indian genetic resources to foreign entities.
- Requires approval from the National Biodiversity Authority (NBA) for research involving GM crops.
- Ensures safeguarding of indigenous plant species.
👉 Biological Diversity Act, 2002: Click Here
Case Law: Divya Pharmacy v. Union of India (2018)
- Issue: Whether companies using Indian genetic resources needed NBA approval.
- Judgment: The Uttarakhand High Court ruled that companies must obtain permission for using Indian biodiversity.
2. The Seed Act, 1966 & Seed Rules, 1968
- Regulates seed quality, certification, and sale of GM seeds.
- GM seeds require separate testing and approval.
- Farmers must be informed about genetic modifications in crops.
👉 Seed Act, 1966: Click Here
Case Law: Monsanto Technology v. Nuziveedu Seeds Ltd. (2019)
- Issue: Whether Monsanto could claim a patent on Bt Cotton seeds.
- Judgment: The Supreme Court ruled that plant varieties cannot be patented, but GM traits can be protected under Plant Varieties and Farmers’ Rights Act, 2001.
3. Food Safety and Standards Act, 2006
- Regulates GM food products through the Food Safety and Standards Authority of India (FSSAI).
- Mandates labelling of GM foods.
- Bans import of GM food unless approved by FSSAI.
👉 Food Safety and Standards Act, 2006: Click Here
Case Law: Gene Campaign v. Union of India (2004)
- Issue: Lack of labelling for GM foods.
- Judgment: Delhi High Court directed the government to frame rules on GM food labelling.
4. The Protection of Plant Varieties and Farmers’ Rights (PPVFR) Act, 2001
- Farmers can register their own crop varieties.
- GM seeds must be registered under this law.
- Protects traditional farming knowledge.
👉 PPVFR Act, 2001: Click Here
Case Law: PepsiCo India v. Farmers (2021)
- Issue: PepsiCo sued Gujarat farmers for growing a patented potato variety.
- Judgment: The government ruled that farmers have the right to cultivate registered plant varieties.
India’s Stance on GM Crops: Bt Cotton, Bt Brinjal & GM Mustard
| GM Crop | Status | Remarks |
|---|---|---|
| Bt Cotton | Approved (2002) | Only commercially cultivated GM crop in India. |
| Bt Brinjal | Banned (2010) | Environmental & health concerns halted its release. |
| GM Mustard (DMH-11) | Under review | GEAC approved in 2022, pending final clearance. |
👉 GEAC’s Report on GM Crops: Click Here
Concerns & Challenges in GM Crop Regulation
| Challenges | Explanation |
|---|---|
| Biosafety Risks | GM crops may impact soil health & biodiversity. |
| Lack of Public Awareness | Farmers often lack knowledge about GM technology. |
| Patent & IP Issues | Conflicts over seed patents and farmers’ rights. |
| Regulatory Delays | Multiple approvals delay commercialization. |
| GM Food Labeling | No strict enforcement of labeling regulations. |
International Framework on GM Crops
1. Cartagena Protocol on Biosafety (2003)
- India is a signatory to this international agreement.
- Regulates transboundary movement of GM organisms.
- Establishes precautionary principles for biosafety.
👉 Cartagena Protocol Details: Click Here
2. Codex Alimentarius Commission (CAC)
- Sets global food safety standards for GM foods.
- India follows Codex guidelines for GM food testing.
👉 Codex Guidelines: Click Here
Recent Developments & Future Outlook
- Government approval of GM Mustard (2022) sparked debate.
- India’s Draft Biotechnology Policy proposes a streamlined approval process for GM crops.
- Focus on gene-editing technology (CRISPR-Cas9) for non-GM biofortified crops.
Conclusion
India’s legal framework for GM crops is comprehensive but complex. While Bt Cotton is widely used, concerns over environmental safety, farmers’ rights, and food security persist. Stronger regulatory clarity, public awareness, and scientific research are needed to balance innovation with sustainability in the future of GM agriculture.
