The Supreme Court is set to hear petitions calling for a moratorium on the commercial release of genetically modified (GM) mustard on November 21. The case was originally scheduled for a hearing on Tuesday, but was later removed from the schedule. Justice BV Nagarathna today directed that the next hearing will be held on the above date.
Experts and scientists noted that any significant delay in the hearings could jeopardize further trials of DMH-11, under the supervision of the Indian Council of Agricultural Research (ICAR). This is because the optimum period for planting mustard hybrids in the main growing areas of North India ends in the first week of November. Mustard is a Rabi crop and any planting after this period is unlikely to yield the desired results, according to scientists.
Also, if the official trials do not continue next season, it will result in a gap of one year between the special trials held in the 2022 Rabi season and the subsequent trials.
The Supreme Court had earlier on August 29 adjourned hearing the Centre’s plea to withdraw an oral undertaking made last November to maintain the status quo on GM mustard exemption. The appointment was initially given to a bench headed by Justice Dinesh Maheshwari, who has since retired.
During the August 29 hearing, Additional Solicitor General Aishwarya Bhatti, representing the Centre, said the seeds had already been planted in eight of the ten designated locations. “This is the last phase of our research. This is not a commercial release, but an ecological one,” explained Bhatti. Senior advocate Prashant Bhushan, representing petitioner Aruna Rodrigues, countered that release into the environment implies release into the surrounding habitat.
However, Justices BV Nagarathna and Ujjal Bhuyan observed, “A year here or there is irrelevant. Environmental damage, on the other hand, is irreversible. We have to hear the application and consider it thoroughly.” The hearing is scheduled for September 26 and may continue till next Wednesday if necessary, Justice Nagaratna added.
Last year on November 3, the Supreme Court ordered the Genetic Engineering Evaluation Committee (GEAC) to maintain the status quo regarding the release of GM mustard into the environment for seed production and testing.
The apex court is currently hearing separate petitions by activist Aruna Rodrigues and NGO Gene Campaign. Both call for a moratorium on the release of any genetically modified organisms (GMOs) until a comprehensive, transparent and rigorous biosafety protocol drawn up by independent expert bodies is made publicly available.