November 01, 2001

    Biosafety means minimising the risks to environment and human health from the handling and transfer of Genetically Modified Organisms (GMOs) developed through modern biotechnology. The biosafety regulatory framework in India consists the 1989 Rules issued by the Ministry of Environment and Forests under the Environment (Protection) Act. As per these Rules, Review Committee on Genetic Manipulation (RCGM) established under the Department of Biotechnology oversees research activities including small scale field trials. Approvals for large scale releases and commercialization of GMOs are to be given by the Genetic Engineering Approval Committee (GEAC), established under the Ministry of Environment and Forests.

    Maharashtra Hybrid Seed Co. (MAHYCO), for the last five years has been involved in the development of transgenic Bt. cotton, after carefully following the procedures stipulated under the 1989 Rules for evaluating the environmental risks. MAHYCO approached GEAC for seeking environmental clearance for large-scale cultivation of transgenic Bt. cotton in June 2001. However, GEAC directed the MAHYCO to repeat the field trials considering that the field trials conducted earlier could not properly evaluate the potential of the Bt. cotton. Bt. cotton, being the first transgenic crop to be considered for commercial cultivation in India, the GEAC adopted a cautious and pragmatic approach to get a better picture about their potential advantages and environmental effects. The large scale field trials of MAHYCO’s Bt. cotton are presently underway. In addition, Indian Council for Agricultural Research is also conducting field trials of MAHYCO’s Bt. cotton, under their Advanced Varietal Trials of All India Coordinated Cotton Improvement Project.

    Meanwhile, it was brought to the notice of the Ministry of Environment & Forests that Navbharat Seeds Pvt. Ltd., Ahmedabad, is marketing transgenic Bt. cotton seeds (Navbharat 151) as conventional hybrid seeds without the mandatory approval of the GEAC. The Ministry immediately sent a notice to this company seeking explanation. The Ministry also procured a packet of the seeds marked by the company (Label No. 002948 dated 30.3.2001, lot no. JAN-01-06-00f-028) and got it tested at the Delhi University, South Campus for the presence of Cry 1A(C) gene. The seeds tested positive for Cry 1A( c ) gene indicating that they are genetically engineered.

    The Ministry also sent a two-member team comprising of Dr. C.D. Mayee, Director, Central Institute of Cotton Research, Nagpur and Dr. T.V. Ramanaiah, Scientist F, Department of Biotechnology, New Delhi for on-the-spot inspection of the fields near Ahmedabad on 8.10.2001. The inspection team visited some fields with placards indicating the cultivation of Navbharat 151 Cotton Hybrid seeds.

• To immediately intervene to prevent damage to the environment, nature or health as a result of the standing crop.
• The extent of liability of the company in respect of marketing of Navbharat 151 hybrid seeds and the penalty.

    So far as immediate intervention required to prevent the damage to environment and nature, GEAC decided to direct the Gujarat State Biotechnology Coordination Committee, which is the designated statutory body under the 1989 Rules, to take the following actions immediately through the District Level Committees where Navbharat 151 cotton seeds are under cultivation:

5. To uproot the standing crop of Navbharat 151 Hybrid Cotton and destroy it by burning.
6. To recover the cotton (‘Kapas’) and the seeds harvested by farmers from Navbharat 151 plants and destroy these by burning;
7. To destroy the seed production plots, and seeds harvested;
8. To remove and destroy the breeding lines, hybrids, segregating material including any plucked cotton bolls or any breeding material and seed material available with the company;

    In order to alleviate the hardships to farmers by destruction of their crops, the GEAC further decided to direct the Gujarat State Biotechnology Co-ordination Committee to set into motion the process of determining the quantum of and modalities for compensation payable to the farmers for removal of their standing crop and destruction of the harvested material and bring this process to conclusion expeditiously.

    Regarding the extent of liability to the company, the GEAC, in the interest of natural justice, decided to give another opportunity to the company to appear before the GEAC on 31.10.2001.

    In the meantime, it was also brought to the notice of the Ministry of Environment and Forests that in Andhra Prdesh, Navbharat Seeds Pvt. Ltd. is engaged in seed production of Navbharat 151 in the names of Jay, Vijay and Digvijay. Dr. E.A. Siddiq, Chairman, Monitoring and Evaluation Committee was authorised by the Ministry to confirm these reports.

    The Principal Secretary, Forests and Environment, Government of Gujarat informed that nearly 11,000 acres in Gujarat is under cultivation of Navbharat 151, and that two pluckings of cotton bolls have already been made by the farmers. He, therefore, expressed practical difficulties in the implementation of GEAC’s order of 18.10.01.

    The GEAC met on 31.10.2001. Dr. D.B. Desai, Managing Director, Navbharat Seeds Pvt. Ltd., appeared before the Committee. The Principal Secretary, Forests and Environment, and Commissioner of Agriculture, Government of Gujarat also participated in the meeting. The GEAC decided as follows in this meeting:-

1. As regards the cotton, which may have already reached the market, the Government of Gujarat would try to retrieve the same to the extent possible, destroy the seeds and store away the lint.
2. As far as the lint that has already reached the market, the GEAC notes that this material was not tested for safety and therefore, this may be brought to the notice of the public by the Gujarat Government.
3. The Gujarat Government would procure at the appropriate support price, the cotton bolls from the remaining standing crop of Navbharat 151 in the farmers’ fields on maturity and also from the farmers’ storage places to the extent possible.
4. The cotton procured by the State Government will be ginned for separation of lint and seed, the seeds will be destroyed and the lint which gets retrieved under (a) above will be kept under safe custody till further orders from the GEAC on the matter on the basis of the report of the testing of lint by the State Government through the Central Institute of Cotton Research, Nagpur.
5. The State Government should also take necessary steps to prevent the use of Navbharat 151 seeds by the farmers either in the F-1 or F-2 generations.
6. Upon completion of pluckings, the State Government will ensure uprooting and complete destruction of the crop residue by uprooting of, burning and sanitation of the fields.
7. The Government of Andhra Pradesh will be directed to take necessary action for stopping immediately the seed production and multiplication programme of the so-called Navbharat 151 or by whatever name it is called, in the Kurnool and Mehaboob Nagar districts of Andhra Pradesh as has been confirmed by the reports, and other districts if any.
8. The Managing Director, Navbharat Seeds Pvt. Ltd. was directed to supply information to GEAC within seven days on:

• list of contractors, dealers, farmers who have been supplied germplasm/planting material/seeds of Navbharat 151, or by whatever name it is called and other relevant information including the quantity provided;
• details of seeds sold in the market in Gujarat and outside Gujarat.

1. The Managing Director Navbharat Seeds Pvt. Ltd. was also directed to supply to the GEAC seeds of parental lines of Navbharat 151, or by whatever name it is called, for establishing identity of the hybrid.
2. As regards reported cultivation of Bt cotton in other States, the GEAC will gather information through the respective State Governments and the Chairman will take necessary decisions on the same.
3. The issue of liability of Navbharat Seeds Pvt. Ltd. will be settled by the Court of Law.
4. The Ministry of Environment and Forests will set into motion the due process of law.