Split Verdict, Uncertain Future: Analyzing The Legal Implications Of The Dhara Mustard Case
- IJLLR Journal
- Feb 20
- 2 min read
Akshita, Campus Law Centre, University of Delhi
Kusha Mehta, Campus Law Centre, University of Delhi
INTRODUCTION
Genetic modification often comes up in discussions among certain groups, yet its influence on public understanding, particularly in India, is uncertain. Even with ongoing conversations, a large segment of the Indian populace lacks knowledge about fundamental concepts such as GM crops, revealing a significant gap in public awareness. At present, India allows the commercial cultivation of Bt. cotton, which is the only genetically modified crop approved. Various other GM crops are undergoing research and trials in India, including Bt Brinjal, GM Mustard, and GM Maize. DMH-11, also known as Dhara Mustard Hybrid-11, is another GM crop currently embroiled in a legal dispute in India.
GM mustard is created using the barnase-barstar gene technology. This hybrid technology for GM mustard has the potential to significantly enhance mustard yields in India. Such an increase in productivity could result in greater availability of edible oil for human consumption and seed meal for animal feed, addressing vital needs in the country. The Genetic Engineering Appraisal Committee (GEAC), which is India's regulatory authority for genetically modified organisms under the Ministry of Environment, Forest and Climate Change, has granted conditional approval for the environmental release of DMH-11.
Following this conditional approval from GEAC, numerous petitions were submitted to the Supreme Court contesting this decision. These petitions expressed concerns regarding the potential environmental impact, biosafety issues, and possible risks to human health. In the case, Gene Campaign & Another vs. Union of India & Others the Supreme Court delivered its judgment on July 23, 2024.
DETAILED ANALYSIS OF SPLIT VERDICT OF SUPREME COURT
On July 23, a noteworthy ruling from the Supreme Court, which received little attention amidst the flurry of coverage on the General Budget that day, was a divided decision regarding the Centre’s choice to give conditional approval for the environmental release of genetically modified (GM) mustard, known as Dhara Mustard Hybrid-11 (DMH-11). In this case challenging the approval for the environmental release of GM mustard (DMH-11), a two-judge bench in India delivered a split verdict. Justice Nagarathna ruled to overturn the approval granted by the GEAC, deeming the decision flawed. Conversely, Justice Karol upheld the approval. Justice Nagarathna held that the recommendations of GEAC dated 18-10-2022 as well as the decision taken by the respondent Union of India on 25-10-2022 approving environmental release of transgenic mustard hybrid DMH-11 on the application made by the applicant, CGMCP, University of Delhi (South Campus’) were vitiated and hence, liable to be quashed.
