Genetically Modified Organisms: emerging law and policy in India

K. D. Raju

Jan. 2007 · The Energy and Resources Institute (TERI)

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The scientific controversies involving genetic science and ?biosafety? Have not been well understood by many. All claims about GMOs (genetically modified organisms) or LMOs (living modified organisms) are under controversy. The Cartagena Protocol is the first international agreement to regulate the transboundary movement of GMOs. Under the Convention on Biological Diversity, 190 countries agreed on the importance and concern over the spread and cross-border transfer of GMOs and their risks to environment and human health. Consequently, in 2000, they adopted the Cartagena Protocol to address the possible risks of GMOs. The protocol is an important step in the protection of biodiversity and biosafety. The concern of developing countries are not shared by the developed countries like the US, Canada, and Mexico. These countries produce more than 90% of the LMO crops and they are not ratified by the protocol. The protocol explicitly stipulates that countries should take precautionary measures to prevent GMOs from causing harm to biodiversity and human health. Members have to implement the protocol provisions at the domestic level. There are heated debates in India whether to allow the cultivation of GMOs? The civil society organizations are opposing the entry of multinational companies in the field trial of GMOs. In this scenario, a systematic review of the international legal regime to formulate a comprehensive policy on the subject in India is the need of the hour. The current volume focuses on the international and national legal regimes and the Indian situation is analysed closely. The book sets out the scientific debate first, because it is the first cross-cutting point. Socio-economic analyses of some case studies from states are also taken up. Later part of the discussions is centred around the evolving international law on the subject. The Indian laws on this subject are found to be obsolete. This book seeks to provide an accessible discussion on the subject that includes social, economic, legal, and other issues related to GMOs, which are frequently raised in India. The discussions in the volume significantly contribute to the ongoing debate and serve as an important input for policy-making on this subject in India.