Rajasthan High Court halts import and sale of GM food items until Centre frames regulations

The Rajasthan High Court recently ruled that no permission or approval for the sale, manufacture, distribution or import of genetically modified (GM) food can be validly granted unless regulations are first brought into effect [Kritesh Oswal v. Union of India].

The Division Bench of Acting Chief Justice Sanjeev Prakash Sharma and Justice Sanjeet Purohit called it "astonishing" that the regulations had not been finalised and notified till date, despite issues of GM organisms in edible products being a matter of significant concern.

The Court directed the Central government and Food Safety and Standards Authority of India (FSSAI) to frame and notify regulations under Section 22 of the Food Safety and Standards Act, 2006, regarding GM foods within a period of six months.

"The FSSAI as well as Union of India are directed to ensure that no import of any food-stuff/edible items/packaged food shall be permitted unless they have been certified and labelled to be “GM free”, by the exporting country," the Court ordered.

It directed the Customs and port authorities to ensure strict compliance of the directions.

The judgment was passed on a petition moved by Kritesh Oswal, Abhay Singla and Deepesh Oswal in 2019. They had flagged the lack of regulations for GM food in India. In particular, they had alleged that the GM edible oil was permitted to be imported in India for consumption without any scientific research or impact assessment on human body.

In the ruling, the Court stressed that food safety cannot be seen as a mere regulatory or market issue, adding that it is a constitutional imperative enshrined under Article 21 aimed at protecting public health and securing a dignified quality life to every citizen

"The Current population of nearly 1.46 billion, poses enormous responsibility upon the State to ensure health and well-being of its citizens. Despite numerous progressive steps, even today, for millions of households, affordability of food still outweighs the food safety. These demographic challenges become sharper in light of the weak regulatory framework for genetically modified (GM) foods in India. Parliamentary Standing committees also highlighted significant gaps in testing. Vulnerable populations, hindered by poverty and low literacy, cannot be expected to make informed choices about their food consumption, when specific regulations stipulating clear labeling, transparent studies, public awareness and safety assurances, are missing," it said.

The Court found that though draft regulations were made public in 2022 for objections and suggestions from the public, no further action was taken. It also noted that India was under an obligation to provide a statutory regime in this regard as the country is a signatory to the United Nations Convention on Biological Diversity.

Further, the Court took note of the Parliamentary Standing Committee reports on the issue.

"The apathy of the respondent-authorities is quite concerning as inspite of the need for the regulation regarding GM Food being expressed by various ministries, the statutory mandate of Section 22 of the Act of 2006 has not been complied with, till date," it remarked.

The Bench agreed with the contention that the absence of food safety protocols regarding GM food is violative of Article 21 of the Constitution.

"Over these three decades, the regulatory execution has been inconsistent, creating substantial gaps that put public confidence and food safety at risk. The framing of such regulations is not only important but critically necessary."

On the impact of GM foods on human health, the Court observed that while definitive conclusions remain elusive, the potential for adverse health effects cannot be ruled out.

Research has indicated that GMOs in food products may lead to various health concerns, including toxicity, allergic reactions, antibiotic resistance, immunosuppression, cancer and nutritional deficiencies, it noted.

"Unlike conventional foods, genetically engineered products involve the introduction of foreign genes, bacterial and viral vectors, viral promoters, and antibiotic marker systems into the food supply. These genetic constructs, often referred to as"genetic cassettes," are novel to the human diet and, therefore, warrant thorough and rigorous safety testing before widespread consumption," it added.

The Court also observed that the regulatory scope of the Genetic Engineering Appraisal Committee (GEAC) is limited to matters concerning environmental safety, whereas the aspect of food safety squarely falls within the domain of the FSSAI under the 2006 Act.

Thus, it ruled that formulation of specific food safety and standards regulations for GM food is needed for granting any approval or permission for manufacture, sale, storage, import or related activities concerning GM food.

In this context, the Court questioned the allowing of GM food into India's food chain without requisite strict standards and regulations. In particular, it pointed to the GEAC permitting import of GM edible oil into India.

"Although the FSSAI has been established, yet the GEAC has been allowed to approve the import of GM edible oil in India under the “Abeyance Notifications,” solely due to the absence of regulations under Section 22 of the 2006 Act."

To permit corporate or commercial interests to override public health would be unjust and contrary to Constitutional ethos, the Court said as it emphasised that GM foods, whether grown domestically or imported, cannot be permitted to reach Indian kitchens at this stage.

Advocate Pratyush Sharma represented the petitioners. Kritesh Oswal also appeared in person.

Additional Solicitor General RD Rastogi with Advocates Priya Khushalani, Mudit Singhvi, Devesh Yadav, Yathartha Asopa and Chinmay Surolia represented the respondents.

[Read Judgment]