The content and allegations in the Genetically Modified Organisms (GMO)
section of the IB report are shocking. The title itself “Concerted efforts by
select foreign funded NGOs to ’take down’
Indian development projects” is more than extreme.
We question the IB’s jurisdiction to decide which projects are in
favour of India’s
development and which are not. As we understand, in a democratic set up like
India, which is governed by the Constitution, policies have to be made and laws
have to be enacted in accordance with the Constitution and any policies and
laws against the Constitution can be struck down by the High Court as well as
the Supreme Court. Whether a decision taken by the Government or law made by
the legislature is for the common good has to be legally determined by the
Court. Equally, the people of this country have a right to object and to put forth
their point of view on law and policy as well as what constitutes public
interest. This is in consonance with the Rule of Law and the democratic
principles which have been affirmed time and again, by the highest court of the
land.
With respect to GMOs , Rules were made in 1989 under the provisions of
the Environment Protection Act, 1986. The Rules are neither in consonance with
the international conventions like the Cartagena Protocol on Biosafety nor the
provisions of the Constitution. Nor do they address the principles of
sustainable development, precautionary principle and intergenerational equity.
These rules are under challenge before the Hon'ble Supreme Court and therefore
the first question is how the IB can report on a subject that is sub judice ?
Does this not amount to an attempt to influence the decisions to be made by the
Supreme Court ?
The IB in effect says that those who are fighting on scientific and
legal principles to strengthen the regulatory system for dealing with GMOs are
‘anti development’. And the IB quotes an American scientist , Dr Ronald Herring
of Cornell University, known for his open advocacy
of GM crops, especially those owned by American multinationals like Monsanto,
to make its point that Indian NGOs are causing economic damage ! We therefore, feel that the GMO
section of the report is
motivated and is designed to benefit some vested interests. Why has the
IB not quoted several international scientists of repute who advise abundant
caution in dealing with GMOs ?
It would have been advisable for the IB to have done its homework and
gone through the records and orders passed by the Hon’ble Court, which appointed a
Technical Expert Committee (TEC) to examine the questions raised in the matter
of GMOs. All TEC members, barring one, have said that “Based on the safety
dossiers , the TEC has found in unambiguous terms that at present, the
regulatory system has major gaps and these will require rethinking, investment
and relearning to fix. A deeper understanding of the process of risk assessment
is needed within the regulatory system for it to meet the needs of a proper
biosafety evaluation. This is not
available in the country at present. It is therefore recommended that the
requisite understanding be developed through consultation, collaboration and
capacity building”.
The IB also neglects to refer to another official report on the state
of GM technology and its implementation in India. The Sopory Committee
Report of 2012 was commissioned by the
Ministry of Agriculture. The committee’s findings raised disconcerting
questions over the claims made by developers of GM crops, the role of
regulatory bodies, the public sector research institutions and their ethical
standards. The establishments dealing with GMOs have been indicted in this
report for lies, fraud and lacking scientific expertise in GM technology.
The IB should inform itself of the
'National Policy on the Voluntary Sector'
prepared by the Planning Commission in 2007. The said policy recognizes
the important role played by the voluntary sector and that it has been serving
as an effective non-political link between the people and government. One of
the objectives of this policy was to enable voluntary organizations (VO) to
legitimately mobilize necessary financial resources from India and abroad. It is clearly
stated in the National Policy that independence of VOs allows them to explore alternative paradigms
of development and that international funding of the VOs play a significant
role. The foreign funding has to be regulated under the provisions of existing
laws including the FCRA.
It is very unfortunate that the IB has levelled the charge that the TEC
report is influenced by the NGOs. The decision taken by the Ministry of
Environment regarding Bt Brinjal as well as the reports of the Parliamentary
Standing Committee have also been projected in a similar insulting manner by the IB. This is a very serious
matter. Is the IB report an attempt to influence the functioning of the
Executive as well as the Judiciary and the Rule of Law governed by the
Constitution ?
Is the IB attempting to influence the decisions of the Supreme Court
when it makes biased statements on matters that are sub judice ?
Is the IB attempting to position itself above Parliament when it questions
the wisdom and independence of the Parliamentary Standing Committee ?
Do its insinuations not bring down the prestige of our sovereign
Parliament ?
The intentional leaking of the IB report and its statements are tantamount to contempt of the Hon'ble
Supreme Court and denigrating the majesty of Parliament. These are very serious
issues. Given these circumstances, the government should immediately order an
enquiry into this IB report and put the correct facts as well its own stand on
the Report before the people.
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