‘Environment, ecology have to be maintained’, SC refuses to pass order on Centre’s plea on GM mustard

New Delhi, Aug 29 (IANS) The Supreme Court on Tuesday stressed that ‘environment and ecology’ have to be maintained while refusing to pass any urgent directions on the Centre’s application which had sought release of genetically modified (GM) mustard for seed production and testing. 

“The environment and ecology has to be maintained.. One year, here or there, does not matter. The environment harm cannot be reversed,” told a bench comprising Justices B.V. Nagarathna and Ujjal Bhuyan to Additional Solicitor General Aishwarya Bhati, the law officer appearing for the Centre. 

ASG Bhati requested that the government may be discharged from the status quo undertaking made earlier in November last year in view of the ensuing sowing season in September and October.

At this, the bench said: “If we discharge you, what remains in the matter?”

She reiterated that the oral undertaking to not release genetically modified (GM) mustard was given in the specific context of the matter being listed for final hearing in the following week.

“This is the final last phase of research after 12 years of research,” she said, clarifying that this is not a commercial release. “We are keen on not missing the sowing season,” urged Bhati.  

At this, the bench said: “This is only one season- this year. Next year, there is another season,” and refused to pass any directions on the application filed by the Central government seeking to alter the status quo undertaking.

Advocate Prashant Bhushan opposed the Centre’s application and said that though it is not a commercial release, no environmental trial should be allowed until the whole regulatory system is in place. He apprehended that environmental release could contaminate non-GM crops. 

The bench has posted the matter for further hearing on September 26.

Notably, the Centre had submitted an oral undertaking before the apex court, though not formally recorded in court's order, saying that it would not take any precipitative steps on the decision made by the Genetic Engineering Appraisal Committee (GEAC) allowing the environmental release of the GM mustard. 

The petitioner, activist Aruna Rodrigues, has opposed the environmental release of genetically modified mustard saying that no one knows about the effect of GM mustard environmental release, which has the potential of contaminating all mustard seeds in the country. 

Advocate Prashant Bhushan had pointed out that the apex court's technical expert committee had recommended a moratorium of 10 years on field trials of BT transgenics, and in the final report, recommended an indefinite and complete ban on herbicide-tolerant crops. 

On October 25, the Genetic Engineering Appraisal Committee allowed the environmental release of GM mustard for seed production and testing.