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2007 DIGILAW 771 (SC)

Aurna Rodrigues v. Union of India

2007-05-08

D.K.JAIN, K.G.BALAKRISHNAN, TARUN CHATTERJEE

body2007
ORDER : K.G. Balakrishnan, CJI., Tarun Chatterjee and D.K. Jain, JJ. - I.A.No.4,14 & 15 1. Union of India is seeking modification of the order passed by this Court on 22.9.2006. By the said order, this Court had directed the Genetic Engineering Approval Committee (GEAC) to withhold approvals till further instructions to be issued by this Court on hearing of all concerned. The learned ASG submits that in view of the order passed by this Court, GEAC is not in a position to grant approval to various applications which are pending with the said authority. All these application are for conducting field trials on various varieties of plants. GEAC, during the period 2.5.2006 to 22.9.2006, granted approvals in respect of 24 items in respect of Bt cotton, Bt Cauli flower, Bt Brinjal, Bt rice, Transgenic rice, Bt Castor, Ground nut, Transgenic tomato, potato, and other items. The field trials are going on in respect of these items and this Court in the said order also noticed that 91 field testings have been going on. 2. Mr. Prashant Bhushan, learned counsel for the petitioner submits that as regards these field trials sufficient precautions are not being taken and it is likely that there would be serious Polan Flow contamination to the plants of similar species of the neighboring fields. 3. The GEAC shall take sufficient precautions to see that these trials are not causing any contamination to the cultivation of neighboring fields. There should be at least 200 meters distance from the trial fields from the neighboring field having same type of cultivations. All the trials which are being conducted, the name of the scientist and other details who will be responsible for all aspects of the trials should be reported to GEAC and they should be regular supervision by them. Prior to bringing out the GM material from the green house for conduct of open field trials, the approved institution should submit a validated event specific test protocol at an LOD of at least 0.01% to detect and confirm that there has been no contamination. 4. As regards Bt cotton, we are told that GEAC has already granted approval for commercial use of Bt. cotton Cry 1 Ac MON 531, Cry 1 Ac & Cry 2 Ab MON, GFM Cry 1A gene and Cry 1AC gene (Event 1). Several applicants sought for permission to use Bt cotton for commercially. 4. As regards Bt cotton, we are told that GEAC has already granted approval for commercial use of Bt. cotton Cry 1 Ac MON 531, Cry 1 Ac & Cry 2 Ab MON, GFM Cry 1A gene and Cry 1AC gene (Event 1). Several applicants sought for permission to use Bt cotton for commercially. The applications are pending with the GEAC. As regards these four species of Bt cotton varieties, the GEAC may give permission for commercial use, subject to the usual conditions imposed. GEAC should also satisfy itself that these events are not further genetically modified so that no further species are created by such modification. GEAC should also verify whether these species by commercial use create any toxicity or allergen city to any of the users in organic conducted with these varieties of Bt cotton. If any such test has been conducted, the data should be made available to this Court. 5. I.As. are disposed of accordingly. 6. Post the matter in August, 2007.