Case Note & Summary
The case involved public interest litigation filed by petitioners concerned about the release of Genetically Modified Organisms (GMOs) in India, raising significant bio safety issues. The petitioners claimed that GMOs were being released without adequate scientific examination, posing risks to both the environment and human health. They sought a direction from the Supreme Court to prevent any release of GMOs and to establish a protocol for their assessment. The Court had previously issued orders regarding field trials of GMOs, including a moratorium lifted under specific conditions. Despite ongoing controversies and applications for a complete ban on GMOs, the Court recognized the need for expert evaluation rather than judicial determination of scientific matters. Consequently, the Court ordered the formation of a Technical Expert Committee with defined terms of reference to assess the risks associated with GMOs and to recommend necessary protocols. The Committee was tasked with reviewing risk assessment studies, evaluating testing conditions, and advising on the adequacy of existing regulatory measures. The Court emphasized the importance of the Committee's report and set a timeline for its submission, indicating the necessity for thorough scientific scrutiny before any further action regarding GMOs could be taken. The matter was scheduled for further consideration on August 6, 2012.
Headnote
A) Constitutional Law - Public Interest Litigation - Bio safety of GMOs - Article 32 of the Constitution of India - Petitioners sought to prevent the release of GMOs without proper bio safety protocols, emphasizing the need for scientific examination before any release. The Court directed the formation of an Expert Committee to review and recommend risk assessment studies for GM crops before environmental release (Paras 1-8).
Issue of Consideration
Whether to impose a ban on the release of Genetically Modified Organisms and the establishment of an Expert Committee to evaluate bio safety protocols.
Final Decision
The Court directed the formation of a Technical Expert Committee to review and recommend bio safety protocols for GMOs, with a timeline for reporting back to the Court.
Law Points
- Public Interest Litigation
- Article 32
- Genetically Modified Organisms
- Bio safety
- Expert Committee
- Field Trials
- Environmental Safety
