SC seeks basis for exemption of GM food from safety test
The Supreme Court has sought an explanation from Centre as to why its notification exempting the genetically modified (GM) food substances from mandatory approval of the Genetically Engineering Approval Committee (GEAC) should not be set aside.
By TNN |
NEW DELHI: The Supreme Court has sought an explanation from Centre as to why its notification exempting the genetically modified (GM) food substances from mandatory approval of the Genetically Engineering Approval Committee (GEAC) should not be set aside.
A bench comprising chief justice KG Balakrishnan and justice RV Raveendran issued notices to the ministry of health & family welfare and ministry of civil supplies in a public interest litigation filed by environmentalist Vandana Shiva and a charitable trust alleging that such exemption will have serious health consequences. It sought replies within four weeks.
Advocates Pinky Anand and DN Goburdhun, who appeared on behalf of the petitioners, said the only regulatory mechanism for approval of GM foods in the form of GEAC was being diluted through the government’s notification of August 23, 2007.
The notification is ultra vires of the Environment Protection Act, 1986 and the Prevention of Food Adulteration Act & Rules, which has permitted the manufacture and import of GM foods in the country without the approval of GEAC, said Ms Shiva in her petition.
While most countries are banning GM products after considering their serious health hazards, India is being used as a dumping ground by vested MNCs, said Ms Shiva.
She argued the biotechnology industry, which had failed to enter the European and Japanese markets, was now trying to enter into Indian food market by subverting its laws.
The government’s notification published on September 11, 2007, is contrary to the existing laws, said Ms Shiva.
She cited worldwide scientific tests highlighting the damaging effects of GM foods on environment and consumer health.
“The notification exempting foods containing GMOs (Genetically Modified Organisms) from the mandatory approval without assessment of potential on human health, environment, biodiversity and socio-economic life of the citizens of India is in clear violation of fundamental rights of the citizens to safe food.
The consumers in India will not know whether they are eating imported processed food that contains GMOs.
This is an attempt to subvert the existing law,” the petition stated.
A bench comprising chief justice KG Balakrishnan and justice RV Raveendran issued notices to the ministry of health & family welfare and ministry of civil supplies in a public interest litigation filed by environmentalist Vandana Shiva and a charitable trust alleging that such exemption will have serious health consequences. It sought replies within four weeks.
Advocates Pinky Anand and DN Goburdhun, who appeared on behalf of the petitioners, said the only regulatory mechanism for approval of GM foods in the form of GEAC was being diluted through the government’s notification of August 23, 2007.
The notification is ultra vires of the Environment Protection Act, 1986 and the Prevention of Food Adulteration Act & Rules, which has permitted the manufacture and import of GM foods in the country without the approval of GEAC, said Ms Shiva in her petition.
While most countries are banning GM products after considering their serious health hazards, India is being used as a dumping ground by vested MNCs, said Ms Shiva.
She argued the biotechnology industry, which had failed to enter the European and Japanese markets, was now trying to enter into Indian food market by subverting its laws.
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The government’s notification published on September 11, 2007, is contrary to the existing laws, said Ms Shiva.
She cited worldwide scientific tests highlighting the damaging effects of GM foods on environment and consumer health.
“The notification exempting foods containing GMOs (Genetically Modified Organisms) from the mandatory approval without assessment of potential on human health, environment, biodiversity and socio-economic life of the citizens of India is in clear violation of fundamental rights of the citizens to safe food.
The consumers in India will not know whether they are eating imported processed food that contains GMOs.
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This is an attempt to subvert the existing law,” the petition stated.
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