Genetic Engineering Appraisal Committee

GENETIC ENGINEERING APPRAISAL COMMITTEE

• The Union Ministry of Environment, Forest and Climate Change (MoEFCC) has amended the rules governing the selection of experts to the Genetic Engineering Appraisal Committee (GEAC).
• The GEAC is the apex technical body responsible for regulating genetically modified (GM) seeds and crops in India.
• The amendments are aimed at ensuring that members of this committee maintain impartiality and avoid any conflicts of interest that could affect their decision-making.
• These changes follow a Supreme Court ruling in July 2023, which highlighted the importance of addressing potential conflicts of interest in the GM crop approval process.

KEY PROVISIONS OF THE NEW RULES

a) Disclosure of Conflict of Interest:

• An expert member appointed to the GEAC is now required to disclose any personal or professional interests that could conflict with their duties on the committee.
• Experts must disclose any direct or indirect association with matters under discussion in the GEAC meetings before the meeting takes place.

b) Recusal Requirement:

• If an expert has a potential conflict of interest, they are required to recuse themselves from the meeting unless specifically requested by the committee to stay and participate.
• This ensures that the objectivity of the decision-making process is not compromised.

c) Professional Affiliation Disclosure:

• All expert members must fill out a declaration form that details their professional affiliations over the last decade prior to joining the committee.
• This is designed to provide a full transparency record of any associations that might raise concerns about biases or conflicts.

CONTEXT BEHIND THE JUDGEMENT

a) Supreme Court Order in July 2023:

• The Supreme Court of India delivered a split verdict on July 23, 2023, regarding the approval of GM mustard for environmental release.
• In 2022, the Central Government granted conditional approval for the environmental release of GM mustard seeds, which are genetically modified to improve crop yields and resistance to pests.
• The case raised concerns regarding scientific integrity and the possibility of conflict of interest in the decision-making processes surrounding the approval of GM crops.
• The split verdict from the Supreme Court did not resolve the issue of the approval but ordered that a national policy on GM crops should be formulated by the Centre. It also emphasized the need for a transparent system to address issues of conflict of interest among experts.

b) Coalition for GM-Free India Allegations (2013):

• The issue of conflict of interest gained prominence following allegations by the Coalition for GM-Free India in 2013.
• The activist group alleged that one of the members of a Technical Expert Committee appointed by the Supreme Court had direct ties to Monsanto, a multinational agricultural biotechnology company. Monsanto was alleged to have funded the organization of the said expert.
• Monsanto was involved in the development of GM crops and agricultural chemicals. In 2018, Monsanto was acquired by Bayer CropScience, which continues to engage in similar biotechnology and agrochemical activities.
• The group argued that such affiliations could undermine the credibility of the expert’s participation in GM crop approvals, particularly when the organization had a vested interest in the approval of GM crops.

SIGNIFICANCE OF THE AMENDMENT

a) Increased Transparency and Accountability:

• The new rules aim to enhance transparency in the GEAC’s decision-making process.
• By requiring experts to disclose any potential conflicts, the amendments help ensure that decisions regarding GM crops are based solely on scientific evidence and environmental considerations, not on personal or commercial interests.

b) Strengthening Public Trust:

• Public concerns about the safety of genetically modified organisms (GMOs) are widespread, especially regarding the environmental and health risks associated with their release.
• The reforms in the selection process of experts will help build public confidence in the regulatory process by ensuring that objective and unbiased decisions are made by the committee.

c) Addressing Past Allegations:

• The Coalition for GM-Free India and other activist groups have been vocal in challenging the approval of GM crops, particularly in the absence of stringent conflict-of-interest guidelines.
• The Supreme Court’s 2023 ruling and the consequent changes to the GEAC’s operating rules seek to resolve these concerns and avoid the perception that the approval process is unduly influenced by corporate interests, especially from companies like Bayer (formerly Monsanto).

LEGAL & POLITICAL IMPLICATIONS

a) Supreme Court’s Directives:

• While the July 2023 Supreme Court ruling did not directly approve or reject GM mustard, it made it clear that the government must formulate a national policy for GM crops.
• One of the primary concerns raised by the court was the conflict of interest among experts involved in the approval process. The court also recommended improving governance and transparency in the decision-making process.

b) National Policy on GM Crops:

• The Supreme Court’s order directs the government to create a national policy on GM crops, outlining the legal and regulatory frameworks under which such crops can be approved, studied, and released into the environment.
• The policy is expected to address scientific, environmental, and health concerns while ensuring that conflicts of interest are effectively managed.

BROADER IMPLICATIONS FOR GM CROP REGULATION

a) GM Crop Safety and Regulation:

• The regulation of GM crops in India has been under scrutiny for years, especially with concerns over their environmental impact, potential for cross-contamination, and long-term health effects.
• The GEAC’s approval of GM crops, such as GM mustard, has been controversial, with environmentalists and farmers’ groups questioning the need for genetically modified solutions when organic and traditional agricultural practices could suffice.

b) The Role of the GEAC:

• The GEAC plays a key role in regulating the approval and release of GM crops in India. It is responsible for assessing the safety of GM crops concerning their environmental and health impacts.

ABOUT GEAC

• Full Name: Genetic Engineering Appraisal Committee (GEAC)
• Functions:
  • Primary Role: Appraisal of activities involving the large-scale use of hazardous microorganisms and recombinant DNA technologies in research and industrial production, focusing on environmental impact.
  • Secondary Role: Appraisal of proposals relating to the release of genetically engineered (GE) organisms and products into the environment, including experimental field trials.
• Governing Body:
  • Operates under the Ministry of Environment, Forest and Climate Change (MoEF&CC).
• Establishment:
  • Functions as per the Rules, 1989.
• Composition:
  • Chairperson: Special Secretary/Additional Secretary of MoEF&CC.
  • Co-Chairperson: Representative from the Department of Biotechnology (DBT).
  • Members: Currently consists of 24 members.
• Meeting Frequency: The committee meets every month to review applications in the areas mentioned above.

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