The Supreme Court delivered a split verdict on the Centre’s 2022 decision to conditionally approve the environmental release of genetically modified (GM) mustard crops.

Background on GM Mustard Approval

• On October 18, 2022, the Genetic Engineering Appraisal Committee (GEAC), a regulatory body under the Ministry of Environment, Forest and Climate Change, recommended the environmental release of transgenic mustard hybrid DMH-11.

• The Centre approved this recommendation on October 25, 2022.
• National Policy on GM Crops
  • The Supreme court directed the Centre to create a national policy for GM crops.
  • This policy should cover research, cultivation, trade, and commerce related to GM crops.

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GM Mustard (DMH-11)

• Dhara Mustard Hybrid-11 (DMH-11)  is a genetically modified hybrid variety of the mustard species Brassica juncea.
• Characteristics: This variant is herbicide tolerant (HT).
• Parent Varieties of GM Mustard
• • Varieties Used
    • Indian Mustard: ‘Varuna’
    • East European Mustard: ‘Early Heera-2’
  • Cross-Breeding: The GM mustard is created by crossing these two varieties.
• Genetic Modification in Mustard
  • Barnase and Barstar: Two genes are used in the modification.
    • Source: These genes come from the soil bacterium Bacillus amyloliquefaciens.
  • Purpose
    • High-Yield Hybrids: The genes help create high-yielding commercial mustard hybrids.
• Genetic Purity: The “bar gene” maintains the genetic purity of hybrid seed.

What is Genetically Modified (GM)?

• Genetically modified (GM) refers to the process of transferring genes between organisms using laboratory techniques.

• Techniques: These techniques include cloning genes, splicing DNA segments together, and inserting genes into cells, collectively known as recombinant DNA technology.
• GM Crops
  • GM crops are plants used in agriculture that have had their DNA modified using genetic engineering methods.
  • Purpose: The goal is usually to introduce a new trait that doesn’t occur naturally in the plant species.
• Examples of GM Crop Traits
• • Food Crops: Traits include resistance to pests, diseases, and environmental conditions, reduced spoilage, resistance to herbicides, and improved nutrient profiles.
  • Non-Food Crops: Traits include production of pharmaceuticals, biofuels, and other industrially useful products, as well as for bioremediation.

• GM Crop Cultivation in India

  • Cotton : Bt Cotton, the first GM crop in India, began commercial cultivation in 2002-2003.
    • Adoption: By 2014, 96% of cotton cultivation was Bt Cotton, making India a major GM crop producer.
  • Mustard: GEAC approved two GM mustard varieties for environmental release to develop new hybrids.
  • Brinjal : GEAC approved Bt Brinjal for evaluation, but the move was stopped due to public backlash.
  • Ongoing Research : Research is ongoing for GM seeds of rice, wheat, sugarcane, potato, pigeon pea, lentils, chickpeas, and bananas.

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Advantages of Genetically Modified (GM) Crops

• Insect Resistance
• • Toxin Production: GM crops can produce toxins from the bacterium Bacillus thuringiensis (Bt) to combat insect pests.
  • Reduced Insecticide Use: These crops often need fewer insecticides.
• Virus Resistance: GM crops can resist viruses by incorporating genes from the viruses themselves.
• Herbicide Tolerance : Some GM crops can tolerate herbicides thanks to a gene from a bacterium that makes them resistant.
• Addressing Poverty and Hunger : GM crops increase yields, which boosts farmers’ incomes and improves food security, aiding in the achievement of the United Nations Sustainable Development Goals.
  • Low Production Costs : GM crops typically cost less to produce because they naturally resist pests and insects.
• Drought Tolerance: GM crops are beneficial in drought-prone areas or regions with poor soil quality.
• Reduced Spoilage: GM crops often have a longer shelf life and better taste, reducing the likelihood of spoilage.
• Enhanced Nutritional Value: Genetic modification can increase the nutritional content of foods.

Challenges Associated with Genetically Modified (GM) Crops

• Ecological Concerns
  • Gene Flow: Cross-pollination can lead to the spread of resistant traits to weeds, making them hard to eliminate.
  • Biodiversity Erosion: GM crops might reduce biodiversity and contaminate the gene pools of endangered plant species.
• Nutritional Concerns : Focus on yield, lifespan, and pest resistance can sometimes reduce the nutritional value of crops.
• Economic Concerns: Promises of stress tolerance, better nutrition, and higher yields have often proven untrue, as seen with Bt cotton in India.
• Chemical Usage (Herbicide Use): Glyphosate, commonly used on GM crops, is considered a probable human carcinogen.
• Health Concerns
  • Toxicity: There are concerns that GM foods might lead to diseases resistant to antibiotics.
  • Heavy Metal Concentration: Some GM crops can absorb heavy metals from the soil, concentrating them in the plant tissue.

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Acts and Rules Regulating GM Crops in India

• Key Legislations
  • Environment Protection Act, 1986 (EPA)
  • Biological Diversity Act, 2002
  • Plant Quarantine Order, 2003
  • GM Policy under Foreign Trade Policy
  • Food Safety and Standards Act, 2006
  • Drugs and Cosmetics Rule (8th Amendment), 1988
• Broad Coverage of Rules
• • Research and Development: Covers all activities related to the research and development of genetically modified organisms (GMOs).
  • Field and Clinical Trials: Includes regulations for field and clinical trials involving GMOs.
  • Release of GMOs: Addresses both deliberate and unintentional release of GMOs into the environment.
  • Trade and Manufacture: Regulates the import, export, and manufacture of GMOs.