Genetically Modified Organism (GMO) in agriculture is a subject matter of great concern nowadays because it is believed that it has severe ramifications if not dealt with vigilantly. Herein, the role of judiciary is very important along with the legislative policy, regulatory framework and its implementation. Agriculture has a main stake not only in the economy but also in every human being’s life. Therefore, introduction of biotechnology in the field of agriculture at international and national levels has raised unease regarding legal, social, ethical, environmental, health and economic issues. Throughout the world, including India, GMOs in agriculture have raised the above-mentioned issues which have been addressed by the judiciary. This paper reviews the role of judiciary in dealing with GMOs in agriculture.

The detection of Genetically Modified Organisms (GMOs) in food and feed samples has become a very complex matter which necessitates the integration of technical, legal and commercial information.2 The development, adoption and deployment of Genetically Modified (GM) crops are constantly growing, and GMOs are increasing both in terms of acreage of cultivated land and in terms of event/trait diversification.

To meet the growing demand, GM foods appear to be the option to increase food production. According to a report from United Nations Population Fund,3 more than 800 million people remain malnourished in developing countries. Thus biotechnological progress on better yields in shorter time and increased nutrition may provide a solution to food crisis and other associated problems. On the other hand, GMO critics have raised environmental and health concerns of GM food. They believe that safety and environmental concerns are more important and overweigh the improved food taste and increased food production. While the conflict between the two sections continues to grow, consumer concerns about GMO crops prompted government’s intervention to develop regulations mandating food products containing GMOs to be labeled. However, lack of consensus on mandatory labeling among government authorities of different countries makes the approach unsuccessful.4 On the international front, the USA follows pro-GMO policy, while the European Union follows anti-GMO policy, and this is the reason behind the tussle between them.

In India, notable environmentalists are working in the field of GMOs with the aim of protecting biodiversity, environment, traditional farming and many more related aspects. Vandana Shiva, a renowned environmentalist and founder of Navdanya, a network of seed keepers and organic producers spread across 18 states in India, has been working for three decades in the field of environment and biodiversity protection, including GMOs.5

Further, the Gene Campaign, a research and advocacy organization has been working since 1993 to empower local communities to retain control over their genetic resources. Its convener, Suman Sahai, is a geneticist. The campaign has worked in 17 states, conducting over 400 district and village level meetings over the years. A case has been filed by the Gene Campaign which is discussed in further pages.6

Law Review Journal, Genetically Modified Organism (GMO) ,Agriculture, Legislative policy, Regulatory framework